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.
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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.
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.