Special prosecutor to handle councilman’s case
A special prosecutor has been appointed to handle the case of a South Bend Common Council member who allegedly drove the wrong way on a highway while drunk.
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Opinions Aug. 11, 2014 ILD
Indiana Court of Appeals
Micah T. Lminggio v. State of Indiana (NFP)
79A04-1312-CR-635
Criminal. Affirms convictions of Class A felony dealing in a narcotic drug and two counts of Class B felony possession of a firearm by a serious violent felon.
Kevin L. Curry v. State of Indiana (NFP)
20A03-1312-PC-513
Post conviction. Affirms denial of post-conviction relief.
In the Matter of the Commitment of E.L., E.L. v. Indiana University Health Bloomington Hospital and Carey Mayer, M.D. (NFP)
53A01-1402-MH-66
Mental health. Affirms involuntary mental health commitment, order for forced medication and order for transport to Richmond State Hospital.
Mike Meyer, Trustee v. Susan Orth, Allen County Treasurer, and Tera K. Klutz, Allen County Auditor, LRB Holdings, Inc. v. Mark Linker, Deborah Linker, America's Wholesale Lender, et al. (NFP)
02A03-1310-MI-397
Miscellaneous. Affirms denial of motion to vacate judgment.
James Mantz v. State of Indiana (NFP)
49A05-1304-CR-200
Criminal. Dismisses motion for immediate discharge from unlawful imprisonment.
Robert D. Bowen v. State of Indiana (NFP)
08A02-1312-CR-1078
Criminal. Affirms resentencing on remand from Indiana Supreme Court.
Lisa Ritchie v. State of Indiana (NFP)
20A04-1306-CR-286
Criminal. Affirms denial of motion to correct erroneous sentence.
Jimmie T. Bowen v. State of Indiana (NFP)
45A04-1312-CR-631
Criminal. Affirms three-year sentence of Class D felony theft.
Bulent Colak v. State of Indiana (NFP)
82A01-1312-CR-557
Criminal. Affirms conviction of Class D felony battery.
John Anthony v. State of Indiana (NFP)
49A02-1312-CR-1033
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.
Christopher Woodburn v. State of Indiana (NFP)
71A05-1312-CR-638
Criminal. Affirms conviction of Class D felony domestic battery.
In the Matter of the Termination of the Parent-Child Relationship of: T.D. and M.D. (minor children); A.D. (Father) v. The Indiana Department of Child Services (NFP)
82A01-1308-JT-344
Juvenile. Affirms termination of parental rights.
Chanse T. Starr v. State of Indiana (NFP)
90A02-1306-CR-499
Criminal. Affirms eight-year sentence for conviction of Class C felony burglary served consecutively to a previous conviction of Class C felony corrupt business influence.
Gerardo Nino Romero v. State of Indiana (NFP)
02A03-1208-PC-379
Post conviction. Affirms denial of post-conviction relief.
Donald Woods v. State of Indiana (NFP)
49A02-1310-PC-858
Post conviction. Affirms denial of post-conviction relief.
Christopher Lawson v. State of Indiana (NFP)
79A02-1307-CR-664
Criminal. Affirms aggregate 20-year sentence for convictions of Class B felony possession of a narcotic drug within 1,000 feet of a family housing complex, two counts of Class D felony neglect of a dependent and Class A misdemeanor possession of paraphernalia.
Robert Hoffman v. State of Indiana (NFP)
71A03-1401-CR-41
Criminal. Affirms in part, reverses in part and remands. Affirms conviction of Class D felony strangulation, but reverses imposition of a domestic violence fee and remands with instructions to vacate that part of the judgment.
Payment of ‘ad valorem’ taxes sustain ownership in mineral interest
Reversing the trial court’s ruling, the Indiana Court of Appeals concluded that a woman’s payment of “ad valorem” taxes on a mineral interest in Posey County prevented the lapse of her partial ownership.
Opinions Aug. 11, 2014
Indiana Court of Appeals
Dwight Hayes v. State of Indiana
49A04-1312-CR-619
Criminal. Affirms conviction for Class A misdemeanor pointing a firearm. Finds the trial court properly rejected Hayes’ proposed jury instructions based on Indiana’s stand-your-ground law because there was no evidence that his property was being attacked when he pointed two handguns at a woman trying to serve him with legal documents.
Argumentative passenger’s public intoxication conviction reversed
A passenger in a car that a police officer stopped after seeing an arm and object hanging out of the car window, followed by the sound of shattering glass, was improperly convicted of public intoxication, the Indiana Court of Appeals ruled Monday.
COA: Sentencing court must hear inmate’s habeas petition
A man serving a 60-year murder sentence at the Pendleton Correctional Facility must seek relief in the court where he was sentenced, the Indiana Court of Appeals ruled Monday.
Evidence does not support stand-your-ground defense
A man’s attempt to bolster his defense by using Indiana’s stand-your-ground law was rejected because the evidence did not support his claim.
New dean outlines plan to improve Valparaiso Law School’s national reputation
Barely a month into her tenure as dean of Valparaiso University Law School, Andrea Lyon is already talking about her nontraditional plan to improve the institution’s national ranking.
Emmert says NCAA will appeal O’Bannon ruling
NCAA President Mark Emmert said Sunday that the NCAA will appeal a ruling that opens the door for college athletes to receive some of the money they help generate in major sports.
State Supreme Court to decide Indiana-IBM dispute
The state Supreme Court will decide a dispute between the state of Indiana and IBM over the company's failed attempt to privatize public welfare services.
No evidence car crash caused by other driver, 7th Circuit rules
The estate of a northern Indiana man who died in an auto accident was unable to convince the 7th Circuit Court of Appeals his death was caused by the negligence of the other driver.
Opinions Aug. 8, 2014, ILD
Indiana Court of Appeals
Jason Keith Scott v. State of Indiana (NFP)
41A01-1311-CR-499
Criminal. Affirms sentence and conviction of Class D felony operating a vehicle while intoxicated.
Samuel Curts v. State of Indiana (NFP)
48A04-1312-CR-615
Criminal. Affirms revocation of probation.
Kimberly Kraemer v. Haulers Insurance Co., Inc., as subrogee of Linda Shanabarger (NFP)
27A05-1311-CT-544
Civil tort. Affirms denial of motion to correct error and request to set aside summary judgment in favor of Haulers Insurance.
R.C. v. State of Indiana (NFP)
49A05-1401-JV-24
Juvenile. Affirms delinquent adjudication for committing what would constitute Class A misdemeanor resisting law enforcement if committed by an adult.
In re; the Paternity of BKS, CSS v. RSK (NFP)
45A03-1311-JP-463
Juvenile. Affirms trial court order awarding father R.S.K. custody of daughter B.K.S.
Patrick Palmer Jr. v. Chastity Carse (NFP)
37A04-1312-DR-637
Domestic relation. Affirms denial of Palmer’s petition to modify custody.
Opinions Aug. 8, 2014
Indiana Court of Appeals
Geico Insurance Company, as subrogee of Ralph Heitkamp v. Dianna Graham
49A02-1310-CT-898
Civil tort. Affirms order setting aside summary judgment in favor of Geico on grounds that its claim in Marion Superior Court is barred by the doctrine of res judicata because it is derivative of a judgment in St. Joseph County in favor of Graham.
Insurer loses appeal over matter litigated elsewhere
An insurance company may not recover in Marion Superior Court claims paid for an auto accident after a St. Joseph court ruled a driver was not at fault in the crash.
Search of home after improper GPS tracking affirmed
Though the Indiana Court of Appeals agreed the warrantless installation of GPS devices was improper, it affirmed a trial court’s denial of a motion to suppress evidence subsequently collected at the home of a suspected drug dealer.
Firm says DCS misled parents on foster adoption subsidies
The Indiana Department of Child Services misled parents adopting foster children by falsely claiming the agency lacked resources to provide subsidies while it returned hundreds of millions of dollars to the state, according to the Indianapolis law firm pursuing a class-action suit against DCS.
Judges weigh 4 states’ same-sex marriage cases
Three federal judges weighing arguments in a landmark gay marriage hearing this week peppered attorneys on both sides with tough questions, with one judge expressing deep skepticism about whether courts are the ideal setting for major social change and another saying the democratic process can be too slow.
Tough anti-abortion laws examined in federal court
Even with legislatures in summer recess, there's no lull in the battle over state anti-abortion laws as several federal courts decide whether to uphold or strike down some of the most sweeping measures.
IU Maurer gifted $3.25M for clinical endowed chair, scholarships
The Indiana University Maurer School of Law announced gifts of $3.25 million to establish an endowed clinical professorship and provide scholarship funds for Indiana high school graduates attending the law school.
Opinions Aug. 7, 2014 ILD
Indiana Court of Appeals
Rio Michaels v. State of Indiana (NFP)
79A04-1311-CR-559
Criminal. Affirms convictions of Class C felony carrying a handgun without a license with a prior felony and Class D felony criminal recklessness.
D'Arcy Lambert-Knight v. John S. Shelhart and Jennifer Villars (NFP)
64A03-1310-CT-408
Civil tort. Affirms court’s conversion of Villars’ motion to dismiss to a motion for summary judgment.
Jeanne Rippe v. Daniel Rippe (NFP)
17A05-1312-DR-611
Domestic relation. Finds Jeanne Rippe’s challenges to orders from 2011 and 2013 are forfeited or waived. Remands to the trial court with instructions to determine appellate attorney fees for Daniel Rippe because his ex-wife’s appeal is frivolous.