Distinguished Neutrals create Indiana chapter
The National Academy of Distinguished Neutrals has launched an Indiana chapter with 17 attorneys and former judges as charter members.
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Opinions July 31, 2014 ILD
Indiana Court of Appeals
Marlon D. McKnight v. State of Indiana (NFP)
20A03-1308-PC-333
Post conviction. Affirms denial of petition for post-conviction relief.
Tobin Pettiet v. State of Indiana (NFP)
02A03-1312-CR-510
Criminal. Affirms three-year sentence for pleading guilty to domestic battery, a Class D felony.
Joshua W. Sanford v. State of Indiana (NFP)
82A01-1312-CR-552
Criminal. Affirms conviction of theft, as a Class D felony.
Ronald Williams v. State of Indiana (NFP)
02A03-1311-CR-451
Criminal. Affirms conviction of murder and executed sentence of 65 years.
Terry Lee Carr v. State of Indiana (NFP)
90A05-1311-CR-548
Criminal. Affirms conviction of Class D felony theft.
Robert Hubbard v. State of Indiana (NFP)
02A05-1312-CR-622
Criminal. Affirms six-year aggregate sentence for pleading guilty to Class D felony residential entry and Class D felony invasion of privacy and status as a habitual offender.
Justin Stephens v. State of Indiana (NFP)
49A05-1312-CR-598
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Mark McCoy v. State of Indiana (NFP)
49A05-1310-CR-531
Criminal. Affirms convictions for three counts of child molesting, Class A felonies, and one count each for criminal confinement, intimidation, and child molesting, all Class C felonies.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Opinions July 31, 2014
Indiana Court of Appeals
William T. Calvert v. State of Indiana
32A01-1312-CR-535
Criminal. Reversed conviction of illegal consumption of alcohol by a minor, a Class C misdemeanor. Rules the trial court should have granted a continuance rather than try Calvert in absentia. Calvert, a private in the U.S. Army, was denied his constitutional right to be present at his trial because he was on deployment in Afghanistan when his hearing was held. Remands for a new trial.
Appeals panel: Trust’s real property bequeath by later writing invalid
A panel of the Indiana Court of Appeals ruled Thursday that a mother’s specific gift of real property incorporated into trust documents was an invalid method of willing it to heirs.
Absence of a plan foils development proposal
A plan commission did not overstep its authority when it turned down a proposal to build a 300-unit apartment complex, in part, because the developer did not submit a preliminary plan for the project.
Asset forfeiture dispute divides appeals panel
An order transferring to the federal government money seized from a criminal defendant was deemed proper by the Indiana Court of Appeals Thursday, though a dissenting judge said the defendant didn’t even know the order had been issued until nearly two years later.
7th Circuit remands denial of request for crack cocaine sentence reduction
A man sentenced to 30 years in federal prison for his role as a Gary gang member who sold large quantities of crack cocaine will have a new shot at a sentence modification, as will the judge who wrote that the defendant may have been linked to several gang-related murders.
COA tosses in absentia conviction of Army private
A 20-year-old U.S. Army private had his conviction for underage drinking overturned because Hendricks Superior Court denied his motion for a continuance and held the trial while he was deployed in Afghanistan.
Former Marion Superior court administrator takes UIndy post
The former administrator of Marion Superior Courts has taken a key position directing the growth of the University of Indianapolis.
Venue change granted for Indy house blast suspect
A judge granted a change of venue Wednesday for the trial of one defendant in a deadly Indianapolis house explosion after prosecutors dropped their objection.
Insurance dispute divides Court of Appeals
A split Indiana Court of Appeals reversed a trial court’s finding that a landlord was not covered by the tenant’s insurance policy.
Opinions July 30, 2014 ILD
Indiana Court of Appeals
Frederick Bazeley, Jr., As Personal Representative of the Estate of Frederick T. Bazeley, III v. Robert Price and Sampson Fiberglass, Inc. (NFP)
20A03-1401-CT-36
Civil tort. Reverses trial court grant of summary judgment in favor of Robert Price and Sampson Fiberglass in Frederick Bazeley’s wrongful death suit. Remands for proceedings, holding there is a genuine issue of material fact regarding the cause of the fatal crash.
Northern Indiana Public Service Company v. Ruth A. Cranor (NFP)
45A04-1403-PL-117
Civil plenary. Affirms trial court order reinstating Ruth Cranor’s driving privileges.
Warren Parks v. State of Indiana (NFP)
89A01-1308-PC-351
Post conviction. Affirms denial of post-conviction relief.
Nicolas Duesler v. State of Indiana (NFP)
76A03-1311-CR-454
Criminal. Affirms aggregate 40-year sentence for conviction of four counts of Class B felony sexual misconduct with a minor.
In the Matter of the Termination of the Parent-Child Relationship of: A.W., (Minor Child), and J.W., (Mother) v. The Indiana Department of Child Services (NFP)
82A05-1311-JT-581
Juvenile. Affirms termination of parental rights.
Michelle Rose f/k/a Michelle Grabbe v. Jay D. Grabbe (NFP)
64A04-1312-DR-616
Domestic. Affirms grant of father’s petition for termination of child support. Remands to correct a scrivener’s error.
Natosha L. Stillions v. State of Indiana (NFP)
53A01-1311-CR-508
Criminal. Affirms Class A misdemeanor conviction of theft.
Eric Barnett v. State of Indiana (NFP)
49A02-1311-PC-989
Post conviction. Affirms denial of post-conviction relief.
Angela M. Littrell v. State of Indiana (NFP)
15A01-1401-CR-15
Criminal. Affirms six-year sentence for conviction of Class C felony forgery.
Thomas J. Wiater v. State of Indiana (NFP)
45A03-1403-MI-80
Miscellaneous. Reverses denial of petition to expunge a Class A misdemeanor battery conviction. Because all the statutory requirements for expungement were met, the court was obligated to grant the petition.
Jeremy D. Jones v. State of Indiana (NFP)
65A01-1310-CR-473
Criminal. Affirms 10-year executed sentence for conviction of Class B felony child molesting.
In the Matter of the Finding of Contempt Against Tad Bohlsen During the Proceedings of Health and Hospital Corporation of Marion County v. Dickson Street Investments, LLC (NFP)
49A04-1401-PL-34
Civil plenary. Affirms finding of indirect contempt.
Travis L. Chizum v. State of Indiana (NFP)
50A04-1311-CR-560
Criminal. Affirms convictions of Class B felony dealing methamphetamine and Class D felony convictions of possession of methamphetamine, possession of chemical reagents or precursors with intent to manufacture and maintaining a common nuisance.
The Indiana Supreme Court and Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Opinions July 30, 2014
Indiana Court of Appeals
Bartholomew County, Indiana v. Review Board of the Indiana Department of Workforce Development, and Robert L. Amos
93A02-1311-EX-986
Agency action. Affirms administrative law judge’s determination that Robert Amos was entitled to unemployment benefits after he was discharged for playfully shooting another participant with a nonlethal bullet after a training exercise. The review board did not err in finding that the merit board unevenly applied rules to the class of other officers who had playfully shot others in training exercises, Amos was not collaterally estopped from contesting the merit board determination that he was fired for cause, and the administrative law judge did not abuse discretion by denying the county’s request to submit the transcript of the merit board hearing as additional evidence.
Order to demolish home reversed by Court of Appeals
A couple whose lakeside house was built at a different elevation than specified in the site development plan will not be able to call the wrecking crew yet.
Requiring deaf mom to sign doesn’t violate due process
A mother whose parental rights were terminated was not denied due process when a judge who couldn’t understand her spoken testimony required her to sign to an interpreter who then spoke her responses aloud.
Hamilton County clerk voluntary dismissed from same-sex marriage appeal
One Indiana county clerk has withdrawn from the state’s fight to maintain its ban on same-sex marriage.
Court affirms judgment for NIPSCO in easement dispute
A trial court was correct in awarding a northern Indiana utility company $245,858 for the cost of reconstructing power lines on a new easement after prior owners had mined sand on the prior easement, making servicing poles difficult.
Court affirms denial of post-conviction relief
An Elkhart County man twice convicted and sentenced to 50 years in prison on drug convictions was not improperly denied post-conviction relief, the Indiana Court of Appeals ruled Wednesday.
Denial of summary judgment affirmed in wrongful death case
A doctor and a South Bend healthcare facility must stand trial on a wrongful death claim, the Indiana Court of Appeals held Wednesday, affirming a trial court’s denial of summary judgment.
Law firm sued over med-mal fees prevails on appeal
An Indianapolis law firm was properly granted summary judgment in a lawsuit brought by a former client in a medical malpractice lawsuit, the Indiana Court of Appeals ruled Wednesday.