Judges recognized for service, educational pursuits
Indiana Supreme Court Chief Justice Loretta Rush recently recognized 17 judges for their long-time service or completion of educational programs through the Indiana Judicial Center.
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Opinions Ooct. 24, 2014 ILD
Indiana Court of Appeals
Michael C. Wilson v. State of Indiana (NFP)
49A02-1401-PC-49
Post conviction. Affirms denial of petition for post-conviction relief.
Rolando L. Diaz v. State of Indiana (NFP)
45A05-1403-CR-122
Criminal. Affirms 40-year aggregate sentence following guilty plea to two counts of Class B felony aggravated battery.
Opinions Oct. 24, 2014
Indiana Court of Appeals
219 Kenwood Holdings, LLC v. Properties 2006, LLC
45A03-1401-MI-49
Miscellaneous. Affirms finding that Properties 2006 LLC substantially complied with the requirements of I.C. 6-1.1-25-4.5(e), which requires the purchaser of property sold at a tax sale to notify the owner of record of, among other things, the purchaser’s intent to petition for a tax deed on or after a specified date.
Judges reject property owner’s interpretation of tax sale statute
The Indiana Court of Appeals affirmed that the purchaser of property in a tax sale substantially complied with the statutory requirement that the owner of record is notified about the buyer’s intent to petition for a tax deed.
Opinions Oct. 23, 2013
Indiana Court of Appeals
Gabina Hernandez v. State of Indiana (NFP)
20A03-1403-CR-78
Criminal. Affirms convictions of Class A misdemeanors conversion and contributing to the delinquency of a minor.<
Simon CEO’s bonus reversal still triggers investor suit
Seeking to avoid investor litigation, Simon Property Group Inc. earlier this year eliminated a $120 million stock award to Chief Executive Officer David Simon in favor of a performance-based bonus. Now the company and its directors have been sued anyway.
Student sues Megabus over crash near Indianapolis
A student at Indiana University-Purdue University Indianapolis claiming permanent injuries from a Megabus crash on Interstate 65 is suing the carrier.
Opinions Oct. 23, 2014 ILD
Indiana Court of Appeals
Gabina Hernandez v. State of Indiana (NFP)
20A03-1403-CR-78
Criminal. Affirms convictions of Class A misdemeanors conversion and contributing to the delinquency of a minor.
Jassel Lopez v. State of Indiana (NFP)
49A02-1403-CR-183
Criminal. Affirms six-year sentence following guilty plea to Class B felony attempted robbery.
In the Matter of the Commitment of S.D. v. Adult & Child Mental Health Center, Inc. (NFP)
49A02-1403-MH-157
Mental health. Affirms order of involuntary civil commitment.
William Ballentine v. State of Indiana (NFP)
20A03-1402-CR-84
Criminal. Affirms convictions and six-year sentence for Class C felony possession of cocaine and Class A misdemeanor possession of marijuana.
Sebastian Chapman v. Corizon, LLC (NFP)
52A02-1406-CT-420
Civil tort. Affirms dismissal of complaint against Corizon LLC for failure to state a claim upon which relief can be granted.
Jonathan Gray v. State of Indiana (NFP)
89A01-1309-CR-443
Criminal. Affirms convictions of felony murder, Class A felony conspiracy to commit robbery resulting in serious bodily injury and Class B felony conspiracy to commit robbery while armed with a deadly weapon.
In Re Paternity of M.M.: A.D. v. J.M. (NFP)
32A01-1402-JP-97
Juvenile. Affirms denial of A.D.’s emergency motion to modify custody.
Toby D. Pope v. City of Lawrenceburg (NFP)
15A01-1403-CC-102
Civil collection. Affirms summary judgment in favor of the city of Lawrenceburg on the basis of unjust enrichment. Judge Paul Mathias concurs in part and dissents in part, arguing the majority’s application of the doctrine of unjust enrichment, sua sponte, to affirm the judgment is improper.
Freeman Peoples v. State of Indiana (NFP)
48A02-1403-CR-214
Criminal. Affirms revocation of probation and order Peoples serve a portion of his previously suspended sentence.
Lowell Guy Cain, Jr v. State of Indiana (NFP)
18A02-1403-CR-149
Criminal. Affirms conviction of Class D felony domestic battery.
Judge questions $75M NCAA concussion settlement
A federal judge overseeing a first-of-its-kind head injury settlement with the NCAA expressed concerns Thursday about some terms and the scope of the $75 million deal that encompasses all athletes going back decades.
Opinions Oct. 23, 2014
Indiana Court of Appeals
Gabina Hernandez v. State of Indiana (NFP)
20A03-1403-CR-78
Criminal. Affirms convictions of Class A misdemeanors conversion and contributing to the delinquency of a minor.
Legislative committee recommends making annexations more difficult
The legislative committee examining Indiana’s annexation laws underscored how complex and difficult the issue is when committee members looked at the laws Wednesday. The members took a third of the time allotted for the meeting to decide that a remonstrance should succeed if a simple majority of property owners oppose a municipality’s effort to incorporate their land.
Democrats push to be on Marion County judge ballot
Marion County Superior judge elections ruled unconstitutional this month should not proceed Nov. 4 as the current ballot is drawn, according to court pleadings from candidates who were left out of the general election.
Alternate theories disallowed in trial on 4 deaths
A judge is blocking testimony about other possible suspects during the trial of a man charged with killing four people in a southern Indiana home.
Man suspected of killing 7 refuses to answer judge
A man who allegedly confessed to killing seven women in Indiana refused to speak or even acknowledge his name to a judge Wednesday, and a sheriff explained later that the suspect was upset his hearing was in open court before dozens of journalists.
Charges filed in 2nd case in Gary killings
A man who told police he killed seven women in Indiana now faces charges in a second death.
Zoeller details casino millions funneled to E. Chicago pols
A former Indiana Democratic Party chairman and a longtime Lake County political activist enriched themselves with millions of dollars in casino revenue, Indiana Attorney General Greg Zoeller announced Wednesday, closing the book on long-running litigation that resulted in a $154,042 settlement payment to the city of East Chicago.
COA affirms seizure of gun from apartment without search warrant
The Indiana Court of Appeals has affirmed a man’s misdemeanor handgun charge after finding the police did not need a search warrant to retrieve the gun after the man placed it inside an apartment in view of the officers.
IU Maurer enticing students to come ‘Back Home Again’
Former Indiana residents may be able to attend Indiana University Maurer School of Law at the cost of in-state tuition, thanks to a new scholarship program announced Tuesday by the law school.
Opinions Oct. 22, 2014 ILD
Indiana Court of Appeals
Richard P. Gorman v. State of Indiana (NFP)
82A05-1403-CR-135
Criminal. Affirms denial of motion for release of bond.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of N.D., J.G., and S.D. (Minor Children) and S.D. (Mother) v. Indiana Department of Child Services (NFP)
49A02-1402-JT-125
Juvenile. Affirms termination of parental relationship.
Christopher Stull v. State of Indiana (NFP)
31A03-1403-CR-110
Criminal. Affirms 12-year sentence for Class B felony operating a vehicle with a Schedule I or II controlled substance causing death.
Bernard E. Harris v. State of Indiana (NFP)
10A01-1404-CR-152
Criminal. Affirms sentence for two counts of child molesting as Class A felonies.
Margaret Walton v. Claybridge Homeowners Association, Inc. (NFP)
29A04-1402-MF-87
Mortgage foreclosure. Affirms denial of Walton’s motion for relief from judgment under Trial Rule 60(B) and denial of Claybridge’s request for appellate fees.
Bryan M. Strickler v. State of Indiana (NFP)
18A02-1401-CR-42
Criminal. Affirms 100-year sentence for two counts of Class A felony child molesting.
Darcell McCants v. State of Indiana (NFP)
79A04-1311-CR-591
Criminal. Affirms order denying motion for presentence credit time.
Benjamin Willis, II v. State of Indiana (NFP)
64A03-1401-CR-30
Criminal. Affirms conviction and sentence for Class A felony battery.
Michael Huffman v. State of Indiana (NFP)
48A02-1308-CR-731
Criminal. Affirms order denying motion to correct erroneous sentence.
David G. Taylor v. State of Indiana (NFP)
48A04-1405-CR-220
Criminal. Reverses and remands denial of motion to correct erroneous sentence.
The following opinion was misclassified as a not-for-publication in IL Daily Tuesday.
Georon Harris v. State of Indiana
02A03-1402-CR-73
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a permit. Finds Harris’ Fourth Amendment and Article 1, Section 11 rights were not violated when officers opened the door of an apartment to retrieve the gun placed on the floor inside by Harris as officers watched.
Opinions Oct. 22, 2014
Indiana Supreme Court
Gary Wayne Oswalt v. State of Indiana
35S02-1401-CR-10
Criminal. Oswalt preserved appellate review of three for-cause challenges of prospective jurors, but because the trial court was within its discretion to deny all of them, affirms his convictions. Holds as a matter of first impression that parties satisfy the exhaustion rule the moment they use their final peremptory challenge, regardless of whom they strike. Also holds that if parties fully comply with the exhaustion rule and demonstrate they were unable to remove any prospective juror for lack of peremptories, appellate courts may review denial of any motion to strike for cause, regardless of whether a challenged juror actually served on the jury.