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.
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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.
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.
Lawsuit filed against Wal-Mart after PCB found at Indy facility
A proposed class-action lawsuit alleges Wal-Mart and its corporate entities were negligent after PCB was found at a returns facility located in Indianapolis.
COA: Attorney’s calendar mistake doesn’t support relief from judgment
The Indiana Court of Appeals disagreed with a woman’s argument that because she was twice granted extension of time to respond to a summary judgment motion involving her credit card debt, the trial court’s discretion to consider a belated response was preserved.
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.
Opinions Sept. 17, 2014
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.
Judiciary study committee to consider new judges, consent to adoption
The Indiana General Assembly’s Interim Study Committee on Courts and the Judiciary meets Thursday for the first time this year and will look at the addition of judges in several counties.
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.
Death penalty sought in shooting death of Gary cop
A northwest Indiana prosecutor has notified the court he plans to seek the death penalty for a man charged with murder in the shooting death of a Gary police officer.
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.
County sheriffs tell dire stories of mentally ill held in local jails
From different communities in different parts of Indiana, two county sheriffs told lawmakers very similar stories about the mentally ill individuals who end up in their jails.
COA denies State Farm’s request for new trial on $14.5M defamation verdict
The $14.5 million defamation verdict awarded against State Farm Fire & Casualty Co. in favor of a contractor who accused the insurer of defaming him remains in place after the Indiana Court of Appeals rejected the company’s claim that fraud requires a new trial.