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One Indiana county clerk has withdrawn from the state’s fight to maintain its ban on same-sex marriage.
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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.
Soldiers get $92M in debt relief under settlement
Thirteen states, including Indiana, have settled an investigation into improper lending with a court agreement that is expected to provide $92 million in debt relief for 17,800 U.S. military personnel.
Same-sex couples tell 7th Circuit Indiana’s marriage ban is discriminatory
Plaintiffs challenging Indiana’s ban on same-sex marriage filed their appellate brief with the 7th Circuit Court of Appeals July 29, making their argument that the state’s marriage law violates their constitutional rights.
Deputy’s ‘playful’ groin shot not cause for termination, COA affirms
A longtime Bartholomew County merit deputy disciplined after he “playfully shot a fellow officer in the groin with non-lethal training ammunition” was not fired for cause, the Indiana Court of Appeals ruled in affirming an administrative law judge’s determination the deputy was entitled to unemployment benefits.
Feds cite Indiana Medicaid fraud unit over notices
A federal agency found that the Indiana attorney general's office didn't give proper notice in nearly a quarter of the Medicaid fraud cases it helped prosecute in recent years.
Processing issue delays bar exam submissions in multiple states
Florida-based testing software provider ExamSoft Worldwide Inc. said a processing issue has caused delays for bar exam takers in multiple states who were submitting their answers.
IU Maurer partners with out-of-state schools for students
Indiana University Maurer School of Law is expanding its partnership program to further its goal of ensuring the Bloomington institution enrolls top law students.
Opinions July 29, 2014 ILD
Indiana Court of Appeals
Richard Dodd v. State of Indiana (NFP)
71A03-1312-CR-475
Criminal. Affirms resentencing order of 55 years in prison for conviction of Class A felony attempted murder and class C felony burglary.
Martin's Markets, Inc., Dale Martin and Alisa Martin v. Coonie's Corner, LLC (NFP)
72A05-1401-MF-41
Mortgage foreclosure. Affirms trial court denial of Martin’s Markets’ motion to deem a judgment against them in favor of Coonie’s Corner discharged.
Charles Gaylor v. State of Indiana (NFP)
15A01-1312-CR-520
Criminal. Affirms sentence imposed by the trial court after Gaylor admitted violating terms of probation.
Jaime Miguel Cordero v. State of Indiana (NFP)
45A04-1401-CR-28
Criminal. Affirms 45-year aggregate sentence and convictions of Class A felony criminal deviate conduct and Class B felony burglary.
In Re: The Petition of John Oberleas for Issuance of Tax Deed, Tax Sale Certificates #801063, 801066, 801067, 801068, Parcel No. 006-00168-00; 006-01232-00; 006-01233-00; 006-01234-00; et al (NFP)
80A05-1402-MI-70
Miscellaneous. Affirms trial court’s denial of Rushmore Loan Management Services, LLC’s motion to set aside an order directing issuance of tax deeds and the tax sale of a property to which it had obtained an interest.
William Hodapp, Jr. v. State of Indiana (NFP)
07A01-1307-CR-342
Criminal. On rehearing, reaffirms Hodapp’s conviction of Class B felony incest.
Mark Keaton v. Christine L. Zook (NFP)
53A01-1401-PL-38
Civil plenary. Affirms grant of summary judgment on favor of Christine Zook on Mark Keaton’s malicious prosecution and abuse of process claims.
Grover E. Lowe v. State of Indiana (NFP)
76A04-1311-CR-572
Criminal. Affirms conviction of Class B felony possession of methamphetamine.
John Hollins v. State of Indiana (NFP)
49A02-1308-PC-719
Post-conviction. Affirms denial of relief from Hollins’ 110-year aggregate sentence for convictions of three counts of Class A felony rape, one count of Class A felony criminal deviate conduct, one count of Class B felony criminal confinement and his adjudication as a habitual offender.
Joshua W. Doughty v. State of Indiana (NFP)
30A01-1311-CR-483
Criminal. Affirms 40-year executed sentence for conviction of Class A felony child molesting.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions July 29, 2014
Indiana Court of Appeals
Ryan E. Bean v. State of Indiana
91A02-1310-CR-912
Criminal. Reverses conviction of Class A felony child molesting. Finds Bean was denied a fair trial because of fundamental error. Testimony from the victim’s mother and an Indiana Department of Child Services investigator impermissibly vouched for the victim’s credibility and invaded the province of the jury to determine the validity of the witness’s statements. The prosecutor reinforced this vouching testimony in his closing arguments. Also, the prosecutor committed misconduct when he asked the county sheriff about the process for investigating child molesting allegations in general. The sheriff’s testimony left the jurors wondering what Bean told police and, therefore, penalized the defendant for invoking his right to counsel.
Police questioning gets conviction booted a second time
The child molesting conviction of a Lafayette man has again been overturned by the Indiana Court of Appeals because of problems with statements he made to police.
Whaley: Adventures in e-discovery and social media
With the amount of social media people use, it is not surprising that social media can have a significant impact on litigation and discovery. Occasionally something dramatic provides a cautionary tale, like the confidential settlement in a Florida employment discrimination case that the defendant private school voided when the plaintiff’s daughter bragged about it on her Facebook account. But there are many aspects of social media which, while not flashy, present interesting e-discovery challenges.
Church legal clinic gives immigrants place to turn
The Bridge Community Church in Logansport recently opened Indiana's 13th nonprofit immigration clinic licensed through the U.S. Bureau of Immigration Appeals.
Court allows education board lawsuit to proceed
A Marion County judge has cleared the way for a lawsuit to proceed against members of the State Board of Education that alleges public access violations.
Indiana BMV asks court to delay vanity plate sales
The Indiana Bureau of Motor Vehicles has asked the state Supreme Court for permission to continue its suspension on sales of vanity plates until a court case is settled.
Indiana partnership aids domestic violence victims
An Indiana county attorney's office and a community advocacy group have partnered in an effort to help victims of domestic violence.
IndyBar: IBF to Host Training with 2013 Impact Fund Recipient
IndyBar attorneys will have the opportunity for first-hand involvement with the 2013 recipient of the Indianapolis Bar Foundation’s Impact Fund Recipient at an upcoming training program and CLE this August.