Delayed releases continuing problem at Marion County Jail
Two Marion Superior criminal court judges said Friday they continue to be frustrated by delayed releases of arrestees detained after orders have been signed for their release.
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Opinions Aug. 15, 2014 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: D.D. (Minor Child) and B.T. (Mother) and D.D. (Father) v. Indiana Department of Child Services (NFP)
49A02-1312-JT-1027
Juvenile. Affirms termination of parental rights.
Thomas Yoder v. State of Indiana (NFP)
20A03-1401-CR-2
Criminal. Reverses part of the sentencing order that restitution for the victim be ordered through a victim-offender reconciliation program instead of determined by the court. Remands for a restitution hearing.
Terry A. Moore v. State of Indiana (NFP)
49A05-1401-PC-11
Post conviction. Affirms denial of petition for post-conviction relief.
J.E. v. State of Indiana (NFP)
49A02-1312-JV-1053
Juvenile. Affirms adjudication of delinquency based on findings J.E. committed what would be two counts of Class B felony child molesting if committed by an adult.
In Re: The Paternity of R.M.: Laura K. Chivers v. Jeffery L. Marquardt (NFP)
02A05-1310-JP-496
Juvenile. Affirms order modifying custody and parenting time.
Dennis Wireman v. State of Indiana (NFP)
75A03-1312-CR-504
Criminal. Affirms sentence for convictions of three counts of Class D felony illegal possession of a controlled substance, Class D felony illegal possession of a syringe and Class D felony operating a vehicle while intoxicated with a prior conviction.
In the Matter of Q.F. v. State of Indiana (NFP)
03A01-1401-JV-45
Juvenile. Finds entering true findings of both battery resulting in bodily injury and disorderly conduct violates double jeopardy principles. Remands with instructions to vacate Q.F.’s true finding of disorderly conduct. Affirms true finding of battery resulting in bodily injury.
Marshawn A. Moore v. State of Indiana (NFP)
02A04-1312-CR-623
Criminal. Affirms conviction of Class A felony burglary.
Debb Durbin v. State of Indiana (NFP)
49A02-1312-CR-1043
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Stephen W. McIntyre v. State of Indiana (NFP)
35A02-1402-CR-82
Criminal. Affirms conviction of Class D felony theft.
Darnell M. Rias, Sr. v. State of Indiana (NFP)
45A05-1312-CR-630
Criminal. Remands with instructions to vacate Rias’ conviction for Class D felony failure to register as a sex or violent offender due to double jeopardy principles. Affirms second conviction and sentence for Class D felony failure to register as a sex or violent offender as a Class D felony.
Opinions Aug. 15, 2014
7th Circuit Court of Appeals
United States of America v. Randall Ray Fletcher Jr.
12-3104
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms 30-year sentence in prison plus a lifetime of supervised release following a guilty plea to five counts involving child pornography that occurred over a seven-year period. Because his crimes spanned a range of years during which the guidelines for child pornography offenses underwent significant changes, his sentencing posed complex calculations and raised potential constitutional problems. Any errors the court made in calculating the guidelines sentence for Fletcher were harmless.
Court affirms boy should stay in Indiana with father
Noting that its decision should not be viewed as a punishment for either parent, a trial court denied a mother’s request to move to California with her son and ordered the boy remain in Indiana with his father. The Indiana Court of Appeals affirmed Friday, finding the father presented evidence that supported the trial court’s decision.
Father’s lack of parenting experience does not support CHINS finding
The Indiana Court of Appeals reversed the adjudication of a toddler as a child in need of services after finding the Department of Child Services did not establish that the child’s father is unlikely to meet the child’s needs absent court intervention based on his lack of parenting experience and previous diagnosis of having post-traumatic stress disorder.
Judges uphold man’s sentence under newer guidelines
The 7th Circuit Court of Appeals had to decide Thursday whether the sentencing of a man under the 2011 Sentencing Guidelines for child pornography offenses that took place over the course of seven years created constitutional problems since different guidelines were in place when he committed the crimes.
Court orders man’s records expunged
The statute in effect when a man petitioned to have his Class D felony conviction records expunged said the trial court “shall order” the expungement if all statutory requirements have been met. As a result, the trial court erred in denying Michael Kevin Mallory’s petition based on testimony of his victims.
COA affirms belt considered a deadly weapon in domestic battery case
The belt used by a man to repeatedly strike his girlfriend qualifies as a deadly weapon and supports elevating his battery conviction to a Class C felony, the Indiana Court of Appeals held Friday.
Sentencing panel to weigh economic crime penalties
The federal panel that sets sentencing policy announced Thursday that it plans in the coming year to consider changes to sentencing guidelines for some white-collar crimes.
Ex-prosecutor’s official charged in gambling ring
A former chief investigator for a western Indiana prosecutor faces official misconduct and other charges stemming from allegations that he protected a gambling ring from arrest.
Suits in triple-slaying proceeds case move ahead
A former Indiana state trooper shouldn't be allowed to claim all $626,000 in insurance and estate proceeds from the deaths of his wife and two children 14 years ago, even though he was acquitted of their murders, attorneys representing the family members argue in civil lawsuits.
Opinions Aug. 14, 2014 ILD
Indiana Court of Appeals
Trent A. Burnworth v. State of Indiana (NFP)
35A02-1401-CR-85
Criminal. Affirms conviction and sentence for Class D felony theft and finding that Burnworth is a habitual offender.
Arthur B. Greco, Jr. v. State of Indiana (NFP)
45A03-1401-CR-7
Criminal. Affirms sentence for Class D felonies intimidation and escape, and Class A misdemeanor resisting law enforcement.
Charles J. Dean v. State of Indiana (NFP)
22A01-1402-CR-98
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a Schedule I controlled substance.
In the Matter of the Voluntary Termination of the Parent-Child Relationship of: M.C., Jr., M.C., Sr., Father v. Indiana Department of Child Services (NFP)
84A01-1302-JT-51
Juvenile. Affirms denial of motion for relief from judgment following the termination of father’s parental rights.
Kyle J. Eckstein v. State of Indiana (NFP)
19A01-1312-CR-536
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.
In the Matter of the Termination of the Parent-Child Relationship of: G.S.T. & C.T. (Minor Children), and G.T. (Father) v. The Indiana Department of Child Services (NFP)
82A04-1312-JT-603
Juvenile. Affirms termination of father’s parental rights.
Jason S. Aliff v. State of Indiana (NFP)
41A05-1401-CR-4
Criminal. Affirms conviction of Class C felony escape.
Tremayne Terry v. State of Indiana (NFP)
49A02-1312-CR-1072
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.
In the Matter of the Termination of the Parent-Child Relationship of: G.V. (Minor Child) and M.V. (Mother) v. Indiana Department of Child Services (NFP)
45A03-1312-JT-502
Juvenile. Affirms termination of mother’s parental rights.
Opinions Aug. 14, 2014
7th Circuit Court of Appeals
Elliott D. Levin, as trustee in bankruptcy for Irwin Financial Corp. v. William I. Miller, et al.
12-3474
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms dismissal with respects to counts 1, 2, 4 and 5 that claim bank managers violated their fiduciary duties to Irwin because those claims are now owned by the FDIC. Vacates dismissal of counts 3 – that managers allowed Irwin to pay dividends in amounts that left it short of capital – and 7 – that two of the managers breach their duties of care and loyalty – and and remands for further proceedings because those claims are categorized as direct claims that must be pursued by the bank, not the FDIC. Judge Hamilton concurs in result.
Judge wants Congress to reconsider FDIC’s rights when taking over a bank
In a case that hinges on the distinction between direct and derivative claims, the 7th Circuit Court of Appeals decided that a failed bank can pursue two claims against former managers.
Security software maker loses trademark case against Warner Bros.
The Plymouth, Indiana-based security software maker that sued Warner Bros. after the movie “The Dark Knight Rises” referred to hacking software as “clean slate” lost its trademark infringement case before the 7th Circuit Court of Appeals. The company, which has a program called “Clean Slate,” claimed its sales dropped after the movie came out.
Trial court must consider husband’s interest in land in divorce case
The Indiana Court of Appeals has ordered a trial court to take another look at the marital pot of a northern Indiana couple, finding the lower court should have included the husband’s ownership interest in two parcels of land he owns as a joint tenant with his brother.
COA finds officer had no reason to make woman sit in squad car after stop
A police officer was not justified in requesting that the woman he pulled over for an expired driver’s license sit in his squad car while he decided how to proceed in the matter, the Indiana Court of Appeals ruled Thursday.
Court orders more proceedings in foreclosure action
An Elkhart County man successfully convinced the Indiana Court of Appeals to reverse the denial of his motion to set aside default judgment in a foreclosure action. The man argued he relied on information from the bank that he could proceed with a short sale and the foreclosure proceeding would be put on hold.
Rush to be sworn in as chief justice Monday
Indiana Justice Loretta Rush will officially become the Supreme Court’s chief justice Monday. Rush, along with current Chief Justice Brent Dickson, will be among those making brief remarks at the swearing-in ceremony.
Church accuses JPMorgan of mismanagement, self-dealing
Christ Church Cathedral in Indianapolis has filed a federal lawsuit against JPMorgan Chase, alleging the bank's "intentional mismanagement" and "self-dealing" led to $13 million in losses in church trust accounts endowed in the 1970s by Eli Lilly Jr.