Neighbors file suit to block 2,000-hog facility
A central Indiana farmer faces a lawsuit from neighbors who want to block plans for a facility where some 2,000 hogs would be raised.
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Indiana Toll Road operator files for bankruptcy
A judge and creditors will have to decide who runs the Indiana Toll Road after the highway's private operator filed for bankruptcy protection, formally acknowledging that it couldn't afford the debt from the multibillion-dollar deal to take over the highway.
Opinions Sept. 14, 2014 ILD
Indiana Court of Appeals
Jason L. Wanzell v. State of Indiana (NFP)
53A01-1311-CR-490
Criminal. Affirms denial of motion to correct erroneous sentence.
Davarius L. White v. State of Indiana (NFP)
02A03-1402-CR-52
Criminal. Affirms conviction of Class D felony domestic battery.
Robert Abbey v. State of Indiana (NFP)
82A01-1403-CR-119
Criminal. Affirms denial of motion to apply cash bond toward restitution.
Juan Martinez v. State of Indiana (NFP)
45A05-1401-CR-22
Criminal. Affirms conviction and six-year executed sentence for Class B felony child molestation.
Opinions Sept. 22, 2014
Indiana Supreme Court
In the Matter of: Trezanay M. Atkins
49S00-1306-DI-435.
Attorney discipline. Suspends Atkins for two years without automatic reinstatement, finding she violated Indiana Rules of Professional Conduct 8.4(b), committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness; and 8.4(c), engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
Justices to review reversal of capped sentence after plea
The Indiana Supreme Court will review a case in which the Court of Appeals reversed a 10-year sentence, the most a man could receive under an agreement in which he pleaded guilty to multiple felonies.
Former MCBA treasurer suspended from practice 2 years
The former treasurer for the Marion County Bar Association has been suspended from the practice of law for a minimum of two years for taking more than $9,100 from the organization.
Legal community rolls up its sleeves for ‘Day of Service’
Once again, members of the Indiana State Bar Association gave up part of their Saturday to help their local communities as part of the association’s Annual Day of Service.
Purdue shooter sentenced to 65 years in prison
An Indiana man who admitted fatally stabbing and shooting a fellow Purdue University student inside a crowded classroom was sentenced Sept. 19 to the maximum 65 years in prison after telling a judge he lied about being mentally ill.
Sentencing set in deadly Purdue campus attack
The lawyer for an Indiana man who pleaded guilty to fatally stabbing and shooting a fellow Purdue University student is expected to try to convince a judge that his client is mentally ill.
State holds $1.2 million in domestic violence funds
The trustees of the Indiana Criminal Justice Institute have decided to stick by a plan that withholds $1.2 million in domestic violence prevention funds from private agencies until they submit spending plans.
Opinions Sept. 19, 2014 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: K.C. & K.G. (minor children), and R.G. (mother) & T.G. (father) v. Indiana Department of Child Services (NFP)
04A05-1401-JT-47
Juvenile. Affirms termination of parental rights.
Opinions Sept. 19, 2014
Indiana Court of Appeals
City of Mitchell v. Randy Phelix
47A01-1402-PL-88
Civil plenary. Reverses denial of its complaint for a declaratory judgment related to former Mitchell city policeman Randy Phelix’s claim for medical expenses due to disabilities resulting from dismantling methamphetamine labs. The appeals court held that the trial court erred when it ruled that Phelix was entitled to have the city pay his medical bills under I.C. 36-8-4-5 despite the worker’s compensation carrier’s denial of his claim.
Issues of material fact allow Environmental Legal Actions claim to proceed
The Indiana Court of Appeals is allowing a claim under Indiana’s Environmental Legal Actions statute to move forward, ruling there are many questions for the lower court to examine about the former landlord’s role in the contamination of the soil.
Judgment favoring policeman’s meth-exposure claim reversed
A police officer who claimed disability resulting from his work dismantling methamphetamine labs had a favorable trial court ruling reversed by the Indiana Court of Appeals Friday.
Ex-Conseco board member owes legal fees, may pursue malpractice claim
A pre-bankruptcy board member of Conseco Inc. was ordered to pay $127,592.21 in outstanding legal fees, but he may pursue legal malpractice claims, a federal judge ruled Thursday.
Supreme Court posts annual report
The Indiana Supreme Court has posted its annual report, providing details of the 995 cases it reviewed in the fiscal year ending June 30 and elaborating on plans to roll out electronic filing in trial courts statewide.
DCS settles adoption subsidy lawsuit
Families who sued the Department of Child Services will receive $15.1 million in state foster child adoption subsidies withheld from 2009 to 2014, DCS announced Thursday.
Opinions Sept. 18, 2014 ILD
Indiana Court of Appeals
Robert F. Lynn, Linda S. Lynn, and Robert Lynn Company, Inc. v. Ronnie Shaffer and Jane Shaffer (NFP)
10A01-1309-PL-386
Civil plenary. Reverses award of attorney fees to Ronnie and Jane Shaffer.
Terence W. Lowery v. State of Indiana (NFP)
54A05-1402-CR-85
Criminal. Affirms 20-year executed sentence following guilty plea to Class A felony child molesting and Class B felony sexual misconduct with a minor.
Darryl S. Newell v. State of Indiana (NFP)
20A03-1401-CR-23
Criminal. Affirms convictions of Class A felony child molesting and Class B felony criminal deviate conduct.
Deadrian Boykins v. State of Indiana (NFP)
02A05-1312-CR-642
Criminal. Affirms murder conviction and 65-year sentence.
Joseph Wayer v. State of Indiana (NFP)
71A03-1310-CR-415
Criminal. Affirms murder conviction.
Opinions Sept. 18, 2014
Indiana Supreme Court
State of Indiana v. Frank Greene
49S02-1403-PC-172
Post conviction. Reverses grant of post-conviction relief, which would have reduced Greene’s Class B felony criminal confinement conviction to a Class D felony. Greene did not receive ineffective assistance of trial or appellate counsel due to his attorneys’ failure to present allegedly controlling precedent from this court. Greene mischaracterizes the application of Long v. State.
Judges disagree over enhanced sentence for child molesting conviction
The Indiana Court of Appeals was divided Thursday over whether a Johnson County man convicted of having sex with a 13-year-old girl deserved to have his sentence enhanced above the 30-year advisory sentence.