Drug court lawsuit certified as class action
A federal magistrate has approved class-action status for a lawsuit accusing southern Indiana officials of violating the civil rights of dozens of drug court participants.
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Appeals court affirms all but 2 of Durham’s convictions
A federal appeals court in Chicago has upheld all but two of the 25 felony convictions for Tim Durham and two other Fair Finance Co. executives found guilty two years ago of carrying out a $200 million Ponzi scheme.
7th Circuit: Gay marriage bans in Indiana, Wisconsin unconstitutional
The 7th Circuit Court of Appeals has affirmed federal court rulings in Indiana and Wisconsin invalidating the states’ prohibitions of same-sex marriage.
Opinions Sept. 4, 2014 ILD
Indiana Court of Appeals
Shawnee Wilson v. State of Indiana (NFP)
49A05-1401-CR-13
Criminal. Affirms two convictions of Class D felony neglect of a dependent
David J. Heineman v. State of Indiana (NFP)
02A03-1310-CR-409
Criminal. Affirms convictions of dealing in methamphetamine, a Class A felony; possession of methamphetamine, a Class B felony; possession of chemical reagents or precursors with intent to manufacture, a Class C felony; possession of a controlled substance, a Class D felony; maintaining a common nuisance, a Class D felony; and possession of paraphernalia, a Class A misdemeanor.
Marcus J. Schneider v. State of Indiana (NFP)
52A02-1402-CR-117
Criminal. Affirms sentence following guilty plea to Class D felony residential entry and admission to being a habitual offender. Remands for correction of the sentencing statement.
Kevin I. Colon, Sr. v. State of Indiana (NFP)
90A04-1403-CR-142
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.
In the Matter of the Termination of the Parent-Child Relationship of I.T., S.T., and W.T., minor children, and C.T., Mother, and W.T., Father, et al. v. Indiana Department of Child Services (NFP)
54A01-1402-JT-84
Juvenile. Affirms termination of parental rights.
Markus Burton v. State of Indiana (NFP)
71A04-1402-CR-92
Criminal. Affirms conviction of Class B felony burglary.
In the Matter of the Termination of the Parent-Child Relationship of D.B., Minor Child, and K.S., Mother, K.S. v. Indiana Department of Child Services, et al. (NFP)
45A04-1401-JT-25
Juvenile. Affirms termination of parental rights.
Jeremy Hall v. State of Indiana (NFP)
48A02-1402-CR-134
Criminal. Affirms conviction for failure to return to lawful detention, a Class D felony.
Bradley Cochran v. State of Indiana (NFP)
49A05-1312-CR-601
Criminal. Affirms convictions of Class A misdemeanor driving while suspended and Class D felony operating a vehicle while intoxicated, as well as adjudication as a habitual substance offender.
Robert Mular v. State of Indiana (NFP)
49A02-1311-CR-947
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.
Dolen Glenn v. Indiana Department of Correction (NFP)
77A01-1401-SC-25
Small claim. Affirms judgment in DOC’s favor regarding property confiscated from Glenn.
Opinions Sept. 4, 2014
Indiana Supreme Court
TP Orthodontics, Inc., Christopher Kesling, DDS, MS, Adam Kesling, and Emily Kesling, et al. v. Andrew Kesling, Individually and as Trustee of the Andrew C. Kesling Trust Dated March 28, 2001 et al.
46S03-1405-MI-337
Miscellaneous. Finds the trial court abused its discretion in ordering disclosure of the full special litigation committee report, as portions of it containing privileged information cannot be disclosed to the sibling shareholders. Remands to the trial court to conduct an in camera review of the full report to determine whether the designate material is in fact privileged.
COA splits on reversal of child molesting conviction
A panel on the Indiana Court of Appeals was divided Thursday over whether a man’s Class A felony child molesting conviction should be overturned. The dissenting judge believed any error by the trial court was harmless, so the conviction should stand.
COA re-evaluates public intox opinion in light of Thang, but still affirms
An Indiana Supreme Court decision regarding public intoxication has impacted a decision issued by the Court of Appeals three weeks earlier, but the judges still concluded a woman’s public intoxication conviction cannot stand.
Defendant loses on ineffective counsel claim
A defendant did not show that he was denied the effective assistance of appellate counsel, so the court correctly denied his petition for post-conviction relief, the Indiana Court of Appeals ruled.
Man cannot collect uninsured motorist coverage after accident on motorcycle
A man injured in an accident while riding a motorcycle cannot collect under his insurance policy’s uninsured motorist coverage, the Indiana Court of Appeals ruled Thursday. The judges rejected his claim that the exclusion of motorcycles violates public policy.
Judge: Inevitable discovery rule could apply under state constitution
The Indiana Court of Appeals unanimously reversed a man’s convictions stemming from his alleged use of a stolen credit card at a gas station in Hancock County. But the judges on the panel didn’t agree whether the state’s argument of inevitable discovery is allowed under the Indiana Constitution.
Justices order in camera review of report to determine if material is privileged
The Indiana Supreme Court tackled two issues of first impression Wednesday in a dispute involving a family business and claims the company president caused a significant decrease in shareholder value.
Court affirms bank lacks standing to appeal termination of trusts
The Indiana Supreme Court agreed with the Court of Appeals that a bank’s appeal of the termination of two of its trusts must be dismissed for lack of jurisdiction. The bank, as trustee, lacked standing to appeal in its representative capacity and did not appeal in its individual capacity.
Justices hear constitutional challenge to right-to-work law
Indiana’s right-to-work statute is clearly anti-union, one state Supreme Court justice said Thursday, but all five justices seemed dubious of arguments that it violated the state constitution.
Feds reach settlement for East Chicago cleanup
The federal government has reached a proposed settlement under which two companies will pay for an estimated $26 million cleanup of lead and arsenic contamination in an East Chicago neighborhood.
Opinions Sept. 3, 2014 ILD
Indiana Court of Appeals
Brian S. Hartman v. State of Indiana (NFP)
68A05-1311-CR-579
Criminal. Affirms the allowance of an amendment to Hartman’s charging information and the refusal to sever count I from counts II and III.
Town of Cedar Lake v. Review Board of the Indiana Department of Workforce Development and Mary J. Dickson (NFP)
93A02-1402-EX-72
Agency action. Affirms decision that Dickson is entitled to unemployment benefits.
Brian House v. State of Indiana (NFP)
48A04-1402-CR-78
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle while intoxicated and Class A misdemeanor operating a vehicle while intoxicated, which were merged by the trial court.
Anthony Johnson v. State of Indiana (NFP)
49A04-1312-CR-612
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Papa Ndiaye v. Review Board of the Indiana Department of Workforce Development and Federal Mogul Corp. (NFP)
93A02-1402-EX-124
Agency action. Affirms decision Ndiaye is ineligible for unemployment benefits.
Tarik Fields v. State of Indiana (NFP)
49A02-1401-CR-27
Criminal. Affirms sentence for Class D felonies criminal recklessness and criminal confinement.
Raveon Harrell v. State of Indiana (NFP)
71A03-1310-PC-412
Post conviction. Affirms denial of petition for post-conviction relief.
B.J. v. State of Indiana (NFP)
28A01-1403-JV-113
Juvenile. Affirms adjudication that B.J. committed what would be Class D felony receiving stolen property, if committed by an adult.
Samantha Lee v. State of Indiana (NFP)
31A01-1401-CR-4
Criminal. Affirms convictions of one count of Class D felony neglect of a dependent and four counts of Class A misdemeanor neglect of a vertebrate animal.
Charles W. Turner v. Montague M. Oliver, Jr. (NFP)
48A02-1402-CT-110
Civil tort. Affirms order denying Turner’s motion to correct error after judgment was entered in favor of Oliver on Turner’s complaint involving his Westlaw account.
Kristen Shane Lester v. State of Indiana (NFP)
47A01-1402-CR-95
Criminal. Affirms order revoking Lester’s direct placement in community corrections and placement in the custody of the DOC.
J.J. v. State of Indiana (NFP)
49A04-1401-JV-18
Juvenile. Affirms awarding wardship of J.J. to the DOC.
Brandon J. Lunkin v. State of Indiana (NFP)
20A03-1401-CR-46
Criminal. Affirms aggregate 44-year sentence in the DOC following a guilty plea to three counts of Class B felony dealing in cocaine and admitting to being a habitual offender.
David Hooker v. State of Indiana (NFP)
82A01-1311-CR-523
Criminal. Affirms denial of motion to vacate guilty plea entered into in 2001.
Mariea L. Best v. Russell C. Best (NFP)
06A04-1403-DR-124
Domestic relation. Affirms contempt order against Mariea Best.
Davetta Davidson v. State of Indiana (NFP)
71A03-1401-CR-4
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.
Cameron Wood v. State of Indiana (NFP)
34A02-1311-CR-953
Criminal. Affirms sentences imposed for Class B felony rape and Class C felony criminal confinement and remands to the trial court to vacate the convictions and sentences for Class B felony child molesting and Class D felony sexual battery.
Jared W. Baehl v. State of Indiana (NFP)
87A01-1311-CR-515
Criminal. Remands for clarification as to the offense of which Baehl was convicted.
Opinions Sept. 3, 2014
Indiana Supreme Court
Natural Resources Defense Council v. Poet Biorefining- North Manchester, LLC, Poet Biorefining- Cloverdale, LLC, Central Indiana Ethanol, Inc., et al.
49S02-1405-MI-313
Miscellaneous. IDEM was not required to formally amend Indiana’s state implementation plan with the EPA to effectuate its change in how it interprets the regulatory phrase “chemical process plant.” IDEM’s interpretation to exclude fuel ethanol plants under the definition of “chemical process plant” is legally permissible.
Justices take first impression insurance case
The Indiana Supreme Court has accepted three cases on transfer, including one that divided the Court of Appeals regarding a jury award to the widow of a motorcyclist injured in a crash.
Ex-deputy prosecutor Wyser resigns from bar
Former Marion County deputy prosecutor David Wyser has resigned from the practice of law rather than face proceedings by the Indiana Supreme Court Disciplinary Commission.
Justices reverse conviction and sentence enhancement related to handgun
Because a man’s firearm enhancement is based on the same behavior used to convict and sentence him for carrying a handgun without a permit, the Indiana Supreme Court vacated the conviction and five-year enhancement.
COA sets aside auction of mobile homes
The Indiana Court of Appeals reversed the sale of several mobile homes through an auction in Hendricks County after finding the buyer did not comply with statutory requirements regarding timelines for conducting an auction.