Program gets $1 million US grant to mentor ex-cons
An Indianapolis nonprofit is receiving a $1 million Department of Justice grant to mentor released prison inmates who are mothers and fathers.
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Annexation called ‘legalized bullying’ during interim study committee meeting
Property owners told Indiana legislators Sept. 24 that despite the General Assembly’s continual tinkering with the state’s annexation statute, the process still favors municipalities by giving them all the power to take the land they want without considering the owners’ wishes.
Opinions Sept. 25, 2014 ILD
Indiana Court of Appeals
Joel Granberry v. Bright Ideas in Broad Ripple, Inc., and Beverly J. Middaugh (NFP)
49A05-1312-CT-585
Civil tort. Affirms grant of the defendants’ motion to dismiss Granberry’s complaint for damages, the grant of default judgment on the defendants’ counterclaims and order that Granberry pay their attorney fees.
Indiana Farm Bureau Insurance Company, as Subrogee of Real Estate Technologies, LLC v. Wood Shield, LLC (NFP)
29A02-1403-PL-136
Civil plenary. Reverses order granting summary judgment to Wood Shield and remands for further proceedings.
Adam Prater v. State of Indiana (NFP)
48A02-1403-CR-152
Criminal. Affirms revocation of work release placement and order Prater serve the remainder of his sentences as executed time in the Department of Correction.
Francisco Villegas, Jr. v. State of Indiana (NFP)
56A03-1402-CR-59
Criminal. Affirms conviction of murder and Class D felony neglect of a dependent.
Taevon Spivey v. State of Indiana (NFP)
49A02-1312-CR-1046
Criminal. Affirms convictions of murder, Class A felony attempted murder and Class C felony carrying a handgun without a license.
In the Matter of: P.S. and K.S., Child in Need of Services, T.F. (Mother) and C.S. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (NFP)
49A02-1402-JC-93
Juvenile. Affirms determination children are children in need of services.
Kenneth Washington v. State of Indiana (NFP)
71A03-1402-CR-64
Criminal. Affirms conviction of Class C felony burglary.
Giavonni Montez Wickware v. State of Indiana (NFP)
82A05-1402-CR-73
Criminal. Affirms convictions of Class A felony burglary resulting in bodily injury and Class D felony theft, and Wickware’s 70-year aggregate sentence. Remands to trial court to vacate enhancement of Wickware’s sentence for theft. Affirms in all other respects.
Frederick Cashner, Sr. and Lucille Cashner v. Western-Southern Life Assurance Company (NFP)
64A04-1311-PL-555
Civil plenary. Grants rehearing but affirms grant of motion for costs and attorney fees filed by Western-Southern.
Elon Brown v. State of Indiana (NFP)
49A05-1402-CR-83
Criminal. Affirms convictions of Class B felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor resisting law enforcement.
Opinions Sept. 25, 2014
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Scott Logan v. State of Indiana
20S05-1405-CR-339
Criminal. Reverses conviction of Class C felony child molesting and six-year sentence. Although the trial court technically complied with Criminal Rule 4(C), Logan’s 1,291-day delay between the filing of the charge and the beginning of his trial violated his constitutional right to a speedy trial. Orders Logan released from incarceration and remands for further proceedings.
COA orders trial over whether trucking company must pay for highway damage
The crash report prepared after a fatal trucking accident on Interstate 70 that resulted in damage to the highway should not have been included as evidence in the state’s lawsuit seeking recovery of the money it spent repairing the highway, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed summary judgment in favor of the state and ordered the matter proceed to trial.
Justices affirm adoption despite father’s untimely appeal
The Indiana Supreme Court in its decision affirming the adoption of a girl first tackled the issue of appellate jurisdiction to entertain the biological father’s appeal.
1,291-day delay in holding trial requires reversing conviction
The “unduly long delay” in bringing a man to trial on a charge of child molesting – 1,291 days – violated his constitutional right to a speedy trial and requires reversing his conviction, the Indiana Supreme Court ruled Wednesday.
Child services investigators claim unpaid overtime
Two Indiana Department of Child Services investigators say in a lawsuit that they've had to work extensive overtime without receiving required overtime pay.
White House says Holder resigning as attorney general
Eric Holder, who served as the public face of the Obama administration's legal fight against terrorism and pushed to make the criminal justice system more even-handed, is resigning after six years on the job. He is the nation's first black attorney general.
Second suit filed over Wal-Mart PCB contamination
A second lawsuit has been filed as a result of toxic contamination discovered at an Indianapolis Wal-Mart return center.
Tell us who are leaders in the law
Since 2006, Indiana Lawyer has recognized men and women in the legal community who excel as lawyers while making a difference in people’s lives, both within the profession and the community at large. Nominations are now open for the 2015 Leadership in Law Distinguished Barrister and Up and Coming Lawyer awards.
The complete award criteria, nomination guidelines and submission forms are available at www.theindianalawyer.com/submit-leadership-in-law. Nominations are due Jan. 20, 2015.
Opinions Sept. 24, 2014 ILD
Indiana Court of Appeals
Servanes J. Wilson, Sr. v. Wabash Valley Correctional Facility and Indiana Department of Correction (NFP)
77A05-1309-PL-476
Civil plenary. Affirms dismissal of Wilson’s complaint alleging a violation of his First Amendment right of access to the courts.
Lavon Beverly v. State of Indiana (NFP)
49A02-1402-CR-87
Criminal. Affirms order of restitution as a term of Beverly’s probation in connection with his sentence for Class C felony robbery.
In Re: The Support of V.B. and S.B., Jeffery A. Roach v. Vicky Lynn Bishop (NFP)
49A02-1401-JP-44
Juvenile. Affirms order denying Roach’s request to eliminate his child support arrearage.
David Roberts v. Estate of Bertha Roberts, Deceased (NFP)
21A01-1403-ES-140
Estate, supervised. Affirms order approving the verified closing statement for the estate of Bertha Roberts.
David Cox v. State of Indiana (NFP)
64A04-1402-CR-52
Criminal. Affirms revocation of probation and order Cox serve the remainder of his suspended sentence in the Department of Correction.
R. Myers & Associates, LLC and Robert D. Myers a/k/a Rob Myers v. Adpoint, Incorporated, Joel Hall and Mary Hall (NFP)
29A02-1305-PL-449
Civil plenary. Affirms judgment in favor of Adpoint on its complaint and on Myers’ counterclaim relative to Myers’ purchase of a business from Adpoint. Remands for the trial court to enter specific findings and conclusions on the matter of snow removal.
Opinions Sept. 24, 2014
Indiana Court of Appeals
Albert L. Hauck and Mark Wood v. City of Indianapolis
49A04-1403-PL-136
Civil plenary. Affirms summary judgment in favor of Indianapolis on Hauck’s and Wood’s complaint regarding the Indianapolis Metropolitan Police Department’s failure to promote them to captain. The word “endeavor” as used in the ordinance means to “attempt to,” and the plaintiffs failed to show the city did not maintain proportional representation of former Marion County Sheriff’s Department deputies and Indianapolis Police Department officers throughout the divisions and appointed ranks of IMPD as contemplated by the revised code.
Former sheriff’s deputies lose suit challenging promotion process
Because the phrase “shall endeavor” should be read to mean one shall try, the Indiana Court of Appeals rejected two Indianapolis Metropolitan Police Department officers' arguments that they should have been promoted to captain. The two claimed because they were former sheriff’s deputies, the consolidation of the sheriff’s and city police departments in 2006 required their promotions to maintain proportional representation.
Bankruptcy Court to hold ceremony for retiring judge
The United States Bankruptcy Court for the Southern District of Indiana is hosting a private retirement ceremony Thursday in honor of Judge James K. Coachys, who is retiring Sept. 30.
State’s way of paying public defenders debated
The state pays the salaries of its judges and prosecutors, but public defenders are paid by counties that are only partially reimbursed for their costs — an approach that some including the executive director of the Indiana Public Defender Council want to see changed.
Opinions Sept. 23, 2014 ILD
Indiana Court of Appeals
Forrest R. Ferguson v. State of Indiana (NFP)
49A02-1406-CR-406
Criminal. Affirms trial court denial of petition seeking permission to file a belated notice of appeal and dismisses appeal of order denying additional credit time.
Jesse Clements and Gersh Zavodnik v. The Honorable John Hanley and Marion Superior Court 11 (NFP)
49A02-1307-MI-622
Miscellaneous. Affirms denial of motion to correct error.
Heidemarie Garcia v. Cover-Rite, Inc., J.C. Builders, Inc. and Salvino Verta (NFP)
45A03-1308-SC-317
Small claims. Affirms judgments in favor of Garcia.
PaulaJean Skowronek v. Review Board of the Department of Workforce Development, and Aldi Indiana, LP (NFP)
93A02-1401-EX-63
Agency action. Affirms review board decision that Skowronek was ineligible for unemployment benefits.
Tony R. Shipley, II v. State of Indiana (NFP)
03A05-1402-CR-79
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Richard L. Smart v. Kristina L. Smart (NFP)
35A02-1403-DR-171
Domestic. Vacates judgment and division of assets after dissolution of marriage and remands for entry of judgment consistent with the dissolution statute.
Darius Hardiman v. State of Indiana (NFP)
48A02-1311-CR-936
Affirms in part, reverses in part and remands judgment on convictions and 50-year aggregate sentence for Class A felony counts of attempted murder and robbery resulting in serious bodily injury and Class D felony dealing in marijuana. Vacates robbery conviction on double-jeopardy grounds and remands for reduction of the conviction to a Class B felony and resentencing.
Torrence L. Belcher v. State of Indiana (NFP)
71A03-1311-CR-461
Criminal. Affirms murder conviction.
Paul E. Matthews v. State of Indiana (NFP)
71A04-1401-CR-5
Criminal. Affirms Class A misdemeanor conviction of operating a vehicle while intoxicated.
Opinions Sept. 23, 2014
Indiana Court of Appeals
The Branham Corporation v. Newland Resources, LLC; Samuel Sutphin; White River Funding Corp.; et al; Thomas N. Eckerle; Thomas N. Eckerle Prof. Corp. v. The Branham Corporation
06A05-1311-CT-572
Civil tort. Affirms the trial court’s summary judgment order in favor of the defendants. Reverses the order dismissing attorney Thomas Eckerle without prejudice and remands for entry of summary judgment in favor of Eckerle. Finds the trial court correctly determined the defendants were entitled to summary judgment because Branham filed its complaint for nonpayment of damages after the two-year statute of limitations had run.
Tenant who trashed house loses appeal, owes attorney fees
A former babysitter entrusted to live in a family’s home while they were away for a year and care for their pet dog in exchange for paying $300 monthly rent instead trashed the place. The ex-tenant appealed an $85,889 judgment against her but now has more bills to pay.
Attorney wins summary judgment appeal
An Indianapolis attorney ensnared in a dispute between a land developer and a creditor was successful at convincing the Indiana Court of Appeals he is identical to the other defendants and should be granted summary judgment.