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Opinions Aug. 6, 2014 ILD

Indiana Court of Appeals
Arthur Gutierrez, Jr. v. State of Indiana (NFP)
64A03-1309-CR-365
Criminal. Affirms conviction of Class A felony child molesting.

In the Matter of J.K., A Child in Need of Services, M.K., Father v. Marion County Department of Child Services and Child Advocates, Inc. (NFP)
49A02-1312-JC-1008
Juvenile. Affirms adjudication that J.K. is a child in need of services.

Jeffery A. Foster v. State of Indiana (NFP)
14A01-1311-CR-522
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury and imposition of $120 in costs and fees. Remands for hearing to assess Foster’s ability to pay an additional $48 in other fees.

Daniel Utterback v. State of Indiana (NFP)
34A02-1312-CR-1021
Criminal. Affirms seven-year sentence for Class C felony child molesting.

The Indiana Supreme Court and Tax Court released no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.

Opinions Aug. 6, 2014

Indiana Court of Appeals
Kevin Davis v. State of Indiana
49A05-1310-CR-523
Criminal. Affirms conviction of Class A felony robbery resulting in serious bodily injury. L.H.’s statements to police identifying Davis as participating in the beating and robbery were properly admitted, the trial court did not err when it determined two witnesses had made themselves unavailable and therefore allowed their depositions to be admitted into evidence at trial, and there is sufficient evidence supporting the conviction.

Man does not need to wait 3 years to file new expungement petition

The Indiana Court of Appeals granted a defendant’s petition for rehearing to address a “perhaps unique question” presented in his petition: Does he have to wait three years before he can file another petition to expunge the records of his Class A misdemeanor conviction?

Target files brief in Indiana case in support of gay marriage

Target Corp. is adding its name to a legal defense of gay marriage, joining other large companies that are taking a stand, just four years after the retailer came under criticism for supporting a strident opponent of same-sex unions. The company has filed a court brief backing marriage equality  in the case pending before the 7th Circuit Court of Appeals invovling Indiana and Wisconsin same-sex marriages.

Opinions Aug. 5, 2014 ILD

Indiana Court of Appeals
Joshua Devine v. State of Indiana (NFP)
49A05-1312-CR-604
Criminal. Affirms 16-year sentence for Class B felony attempted robbery.  

The City of Sullivan v. North American Latex Corp, Kenneth Wayne Plummer, and Others Owning Property (NFP)
77A01-1401-PL-11
Civil plenary. Affirms order granting the remonstrance petitions of North American Latex Corp., et al., and declaring the city’s proposed annexation of an adjacent parcel to be invalid.

Opinions Aug. 5, 2014

7th Circuit Court of Appeals
Marilyn R. Boley v. Carolyn W. Colvin, acting commissioner of Social Security
13-1252
U.S. District Court, Southern District of Indiana, Evansville Division. Chief Judge Richard L. Young.
Civil. Vacates District Court’s dismissal of Boley’s petition for judicial review of the decision by an administrative law judge that denied her request for a hearing on the denial of benefits. Remands with instructions to decide whether substantial evidence and appropriate procedures underlie the decision that she lacks “good cause” for her delay in seeking intra-agency review. Overrules Watters v. Harris, 656 F. 2d 234 (7th Cir. 1980).

7th Circuit affirms man not entitled to habeas relief

Although a federal judge erroneously held that a savings clause did not apply to a habeas petition filed by an inmate in Terre Haute, the 7th Circuit Court of Appeals affirmed the dismissal based on the merits of the petition.

Judges reverse 8 forgery convictions based on fake ballot signatures

A St. Joseph County man charged with multiple counts of forgery after falsifying signatures on an election ballot petition for Barack Obama in 2008 was not prejudiced when the state was allowed to amend the charging information at the end of his trial. But, the Indiana Court of Appeals held the evidence only supports convicting him of one count of forgery, not nine.

First responders support gay marriage in Indiana

Dozens of Indiana firefighters, police officers and emergency medical workers say a federal appeals court should uphold same-sex marriage in Indiana and Wisconsin for the sake of the families of gay first responders, a spokeswoman said Monday.

Plea deal rejected for ex-Indiana county auditor

Lawyers are reworking an agreement under which a former county auditor in southern Indiana was expected to plead guilty to criminal charges of wrongly paying personal expenses with county-issued credit cards.

Opinions Aug. 4, 2014 ILD

Indiana Court of Appeals
Domingo Gonzalez v. State of Indiana (NFP)
12A04-1312-CR-643
Criminal.  Affirms convictions of Class D felony criminal confinement and Class B misdemeanor unauthorized entry of a motor vehicle.

Tiffany Thompson, Jason Thompson, and Cassie Thompson v. Fields Gutter & Siding, Inc., Pamela Sue Fields, and Michael C. Ford, Jr. (NFP)
32A05-1403-CT-131
Civil tort. Affirms summary judgment in favor of Fields Gutter & Siding Inc., Fields and Ford on the Thompsons’ lawsuit alleging FGS was liable for Ford’s negligent acts under the theory of respondeat superior and the company breached its common law duty to use reasonable care.

Eric P. Mains v. Citibank, NA as Trustee for WAMU Series 2007-HE2 Trust (NFP)
10A04-1309-MF-450
Mortgage foreclosure. Affirms summary judgment against Mains in a mortgage foreclosure action brought against him and Anna V. Mains by Citibank.

Antoinette Crosslin v. Review Board of the Indiana Department of Workforce Development and Kenya Hamilton (NFP)
93A02-1305-EX-413
Agency action. Affirms determination Crosslin is ineligible for unemployment benefits.

 

Opinions Aug. 4, 2014

7th Circuit Court of Appeals
Bruce Carneil Webster v. John F. Caraway, Warden, United States Penitentiary, Terre Haute
14-1049
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Affirms dismissal of Webster’s petition for collateral relief under 28 U.S.C. Section 2241. Agrees with District Court’s decision that the petition is blocked by Section 2255(e), under which Webster had previously sought collateral relief in the Fifth Circuit Court of Appeals, the circuit where he had committed his crime.

Indiana Court of Appeals

Death row inmate denied relief by 7th Circuit

An Arkansas man on death row in Indiana for killing a woman in Texas nearly 20 years ago was unable to convince the 7th Circuit Court of Appeals that he should not be put to death. Bruce Carneil Webster argues he is mentally retarded and has new evidence that would affect his sentence.