Same-sex couples ask Social Security Administration to recognize their Indiana marriage
A pair of Indiana same-sex couples who were married in June have asked the U.S. Social Security Administration to recognize their marriages.
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Justices to review denial of shooter’s insanity defense
The Indiana Supreme Court will hear the appeal of a man whose 120-year sentence on conviction of four counts of attempted murder was reversed by the Court of Appeals.
Warrantless search based on smell does not violated 4th Amendment
Despite the absence of danger to the public, the strong odor of raw marijuana provided the probable cause a police officer needed to conduct a warrantless search.
COA rules grandparent visitation order prejudiced father
A father who asked the trial court for a continuance to hire a lawyer after he realized his child’s grandparents had hired an attorney was prejudiced when the request was denied, the Indiana Court of Appeals ruled Monday.
Opinions July 28, 2014 ILD
Indiana Court of Appeals
Uriah M. Levy v. State of Indiana (NFP)
34A04-1402-CR-67
Criminal. Affirms revocation of Levy’s probation.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.S., D.S., and N.S., Minor Children, and Their Father S.S., S.S. v. Indiana Department of Child Services (NFP)
49A02-1312-JT-1051
Juvenile. Affirms juvenile court’s order terminating father’s parental right to his three minor children.
Charles E. Decker v. State of Indiana (NFP)
84A01-1401-CR-19
Criminal. Affirms revocation of Decker’s probation and the trial court’s order that he serve the remaining four years of his sentence in the Indiana Department of Correction.
Henry Lewis v. State of Indiana (NFP)
49A04-1307-PC-342
Post conviction. Affirms denial of Lewis’s petition for post-conviction relief.
The Indiana Supreme Court and Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.
Opinions July 28, 2014
Indiana Court of Appeals
Bobby Alexander v. State of Indiana
49A04-1207-CR-351
Criminal. Reverse one of two convictions for Class B felony aggravated battery. Rules the state incorrectly asserted in the charging information and during closing arguments that Alexander’s actions of shooting at a car created a substantial risk of death. Remands with instructions to enter judgment of conviction for battery as a Class C felony and to resentence accordingly.
Prisoner wins right to recruit counsel in federal civil suit
A prisoner was improperly denied counsel to help with discovery in his federal lawsuit that claimed a medical provider was deliberately indifferent to glaucoma that ultimately required removal of part of his eye.
7th Circuit rejects prisoner’s ineffective assistance appeal
A man convicted of attempted murder failed to convince a panel of the 7th Circuit Court of Appeals that he suffered sufficient prejudice to warrant relief from a 90-year sentence imposed after a brutal crime.
7th Circuit affirms dismissal of Indianapolis wrongful arrest suit
A plaintiff who judges say took a “kitchen sink” approach to litigation over an alleged wrongful arrest failed to convince the 7th Circuit Court of Appeals that a federal judge in Indianapolis improperly dismissed most of her complaint.
Court rules stun gun is deadly weapon under battery statute
The battery with a deadly weapon conviction of a man who attacked a resident manager at a Noblesville trailer park with a metal pipe and a stun gun was affirmed by the Indiana Court of Appeals Monday.
Non life-threatening injury gets aggravated battery conviction reversed
A defendant who shot at a car with a semiautomatic rifle, causing a bullet to graze the driver, did not commit Class B felony aggravated battery because the injury inflicted upon the victim did not create a substantial risk of death.
Donate school supplies through IndyBar July 30
The Indianapolis legal community is making a final push to help youngsters get the supplies they need as they head back to the classroom.
Hogsett joining Bose McKinney & Evans
Outgoing U.S. Attorney Joe Hogsett will join the Indianapolis law firm of Bose McKinney & Evans LLP, effective Aug. 1, the firm announced in a news release Monday.
7th Circuit denies en banc motion in same-sex marriage challenge
The 7th Circuit Court of Appeals denied the state’s motion and will seat the standard three-judge panel when it hears oral arguments next month on Indiana’s same-sex marriage lawsuits.
Employee’s auto accident on way home from business meeting not company’s fault
A company whose employee hit and killed another motorist after having dinner and drinks with a client is not liable because the employee was “going and coming” from work when the tragedy occurred, the Indiana Court of Appeals ruled.
Opinions July 25, 2014 ILD
Indiana Court of Appeals
Andrew Prairie v. State of Indiana (NFP)
29A02-1309-CR-841
Criminal. Affirms convictions of Class D felony attempted theft, three counts of Class D felony receiving stolen property, and a count of Class B misdemeanor unauthorized entry of a motor vehicle.
Kelsey Lynn Wilson v. State of Indiana (NFP)
82A01-1310-CR-454
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Merrill C. Roberts v. Unlimited, LLC d/b/a Remax Unlimited and Matthew A. Gunning (NFP)
49A05-1306-PL-294
Civil plenary. Affirms denial of an award of attorney fees sought by Roberts.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Plaintiffs say they joined same-sex marriage lawsuit because ‘We wanted to be married’
Although oral arguments in the Indiana same-sex marriage lawsuits will not be heard until late August, plaintiffs in one of the cases are hoping the 7th Circuit Court of Appeals acts quickly so their challenge can be heard by the Supreme Court of the United States.
Opinions July 25, 2014
Indiana Court of Appeals
Chris T. Collins v. State of Indiana
49A02-1310-PC-887
Post conviction. Affirms denial of post-conviction relief, concluding that the post-conviction court’s denial of Collins’ request of subpoenas was not an abuse of discretion and that denial of his petition was proper.
COA reverses ruling against Carmel in building dispute
A Carmel couple who successfully sued the city that at first permitted construction of an accessory building that neighbors later complained was taller than zoning codes allowed lost Friday at the Indiana Court of Appeals.
Additional public defender fees without hearing affirmed
A man who appealed a court order that he pay fees in excess of the statutory public defender fee capped at $100 lost his appeal, though one judge said the trial court must hold a hearing on the defendant’s ability to pay.