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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.

Judge rules for revenue department on man’s claim for sanctions

A man who argued that the Indiana Department of State Revenue should be sanctioned for allegedly producing his ex-wife’s transmittal envelope for her tax return and passing it off as his own lost his case before the Indiana Tax Court Thursday.

Justices reverse grant of post-conviction relief

The Indiana Supreme Court on Wednesday rejected a defendant’s claim that his attorneys were ineffective for not arguing that, based on a Supreme Court case, his conviction for Class B felony criminal confinement should be reversed or reduced. But the man inappropriately relies on the case, and what he claims his attorneys should have argued is not the law.

Indiana may slash funds for domestic violence victims

Advocates for domestic violence victims and the administration of Gov. Mike Pence clashed Wednesday over whether it's seeking to slash funding for services when demand is surging after a video showed suspended NFL player Ray Rice hitting his future wife.

Opinions Sept. 17, 2014 ILD

Indiana Court of Appeals
Robert P. Benavides v. State of Indiana (NFP)
18A02-1405-PC-318
Post conviction. Affirms dismissal of petition for writ of state habeas corpus.  

Mark Keaton v. Douglas Goeglein (NFP)
02A04-1404-PL-155
Civil plenary. Affirms summary judgment in favor of Goeglein, Keaton’s probation officer, and denial of Keaton’s motion for partial summary judgment on his Section 1983 action against Goeglein.

City of Evansville v. Anna K. White (NFP)
82A01-1404-PL-171
Civil plenary. Reverses denial of city’s motion for summary judgment on White’s complaint that the city’s negligent installation of a storm sewer damaged her property. Remands for further proceedings.
 

Dyer firm replaces stolen Boy Scout money

A northwest Indiana personal injury law firm has replaced the cash stolen from a Boy Scout troop at the Popcorn Festival in Valparaiso earlier this month.

Repairs underway at LaGrange County courthouse

The LaGrange County courthouse is getting a face-lift. Crews from an Iowa firm that specializes in repairing aging masonry work arrived in LaGrange early Tuesday morning and started an extensive job to restore the exterior brick and stone walls of the 136-year-old county building.

Prosecutor involved in reduced bond resigns

A southern Indiana deputy prosecutor who agreed to a reduced bond for a man who later was accused of killing his girlfriend and mutilating and eating parts of her body has resigned.

Opinions Sept. 16, 2014 ILD

Indiana Court of Appeals
Travis Booker v. State of Indiana (NFP)
48A05-1312-CR-623
Criminal. Affirms conviction of Class B felony robbery.

Roy C. Bebout v. State of Indiana (NFP)
82A01-1401-CR-27
Criminal.  Dismisses appeal because it amounts to an authorized successive petition for post-conviction relief.

In the Matter of the Termination of the Parent-Child Relationship of: K.B. (Minor Child) and W.B. (Mother) v. The Indiana Department of Child Services (NFP)
49A05-1402-JT-63
Juvenile.  Affirms termination of parental rights.

Jerry C. Jackson, Jr. v. State of Indiana (NFP)
48A05-1403-CR-106
Criminal. Affirms order terminating placement in Madison County Drug Court program.

 

Opinions Sept. 16, 2014

Indiana Court of Appeals
Willie Jenkins v. Mary Jenkins
49A02-1403-DR-132
Domestic relation. Reverses grant of Mary Jenkins’ motion to vacate a contempt hearing. It was not in the interests of justice for the trial court to ignore its rule of allowing 15 days to respond and granting her motion prior to allowing Willie Jenkins time for response. Remands for further proceedings.

State’s inaction does not allow man to appeal sentence

The Indiana Court of Appeals rejected a defendant’s claim that he should be given an opportunity to appeal his sentence, an option he waived by entering into a plea agreement, even though the trial court erroneously indicated he had a right to appeal and the state did not object to that advisement.

Court must give man time to object to ex-wife’s motion

A Marion Superior Court erred when it granted a woman’s motion to vacate a hearing on contempt charges against her without giving her ex-husband 15 days to file a response, as permitted under local rules, the Indiana Court of Appeals ruled Tuesday.