‘Sovereign citizen’ convicted of kidnapping daughter loses appeal
The Kansas man who kidnapped his adult daughter and held her captive in northern Indiana had his convictions and sentence upheld by the 7th Circuit Court of Appeals Wednesday.
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Judge: Outdated caselaw needs revised to handle Internet issues
A dissenting judge in an unfair competition case involving the near simultaneous registrations of the same Internet domain name urged the Indiana Legislature and Supreme Court to “usher Indiana into the technological realities of the 21st Century.”
1 same-sex marriage lawsuit remains in District Court
One challenge to Indiana’s same-sex marriage law remains in federal court and could, again, open a window for gay and lesbian couples in the state to get married, an attorney representing the plaintiffs in the case said.
Owner of Anderson location yanks suit against Motel 6
Owners of an Anderson hotel that has operated as a Motel 6 since its construction in 1974 – but soon won’t – withdrew a federal lawsuit Tuesday that claimed the national chain had not maintained the site “as a first class motel” required under its decades-old lease.
Judges uphold felony conviction for kicking cat
The Indiana Court of Appeals affirmed an Allen County man’s conviction of Class D felony torturing or mutilating a vertebrate animal, finding sufficient evidence that the man knowingly or intentionally mutilated a cat that somehow got into his house.
Interest rate charged by bank upheld by Court of Appeals
The Indiana Court of Appeals relied on a similar case out of Ohio to find that a bank did not exceed the agreed-upon interest rate of commercial borrowers by applying a 365/360 interest calculation method as some borrowers claimed in a class action.
Courts provide information about appellate judges up for retention
Voters looking to learn more about the four appellate judges up for retention on this year’s general election ballot can turn to a website designed by the Division of State Court Administration.
Grant applications for children, family projects due Aug. 14
The Indiana Court Improvement Program is accepting applications for projects designed to improve the well-being, safety and permanency of children and families involved in child in need of services and termination of parental rights proceedings.
Indiana sues county over I-69 noise ordinance
The Indiana Department of Transportation is suing the commissioners of a southern Indiana county, saying they have no authority to limit construction of the Interstate 69 extension near Bloomington with an ordinance that restricts overnight noise.
Opinions July 15, 2014 ILD
Indiana Court of Appeals
In the Matter of J.W., A Child in Need of Services J.W. (Minor Child), and M.K. (Mother), & D.W. (Father) v. The Indiana Department of Child Services (NFP)
49A04-1312-JC-593
Juvenile. Affirms in part and reverses in part, holding that a child in need of services finding was not error, nor was the trial court’s order that father complete a domestic violence assessment. But because there is no evidence father had a substance abuse problem, the court erred when it ordered him to submit to random drug testing.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of W.H., Minor Child, and His Mother, J.F., J.F. v. Indiana Department of Child Services (NFP)
79A02-1312-JT-1034
Juvenile. Affirms termination of parental rights.
Paul A. Croucher v. State of Indiana (NFP)
89A01-1401-CR-23
Criminal. Affirms in part, reverses in part 40-year aggregate sentence and convictions of Class A felony and Class C felony child molesting. The trial court did not abuse discretion in admitting certain evidence and there was no prosecutorial misconduct. Remands for the trial court to amend its sentencing order because the court abused its discretion in classifying Croucher as a credit-restricted felon.
Alan R. Kohlhaas, on behalf of himself and all others similarly situated v. Hidden Valley Lake Property Owners Association, Inc., and Robert A. Will, William Acra, Carl Adkins, et al. (NFP)
15A01-1308-PL-357
Civil plenary. Affirms grant of summary judgment in favor of Hidden Valley Lake Property Owners Association and other defendants.
Christopher Anderson v. State of Indiana (NFP)
49A04-1307-PC-340
Post conviction. Affirms denial of post-conviction relief for conviction of murder, intimidation and possession of a handgun without a license.
James E. Manley v. Monroe County Prosecutor (NFP)
53A01-1402-MI-65
Miscellaneous. Affirms trial court denial of Manley’s pro se “complaint for declaratory and injunctive relief/challenge to the constitutionality of Indiana statute” challenging his conviction of multiple counts of child molesting.
Brandon Hicks v. State of Indiana (NFP)
49A02-1308-CR-739
Criminal. Affirms aggregate 40-year sentence and conviction of Class B felony manslaughter and Class A misdemeanor possession of marijuana.
Cynthia Marx v. State of Indiana (NFP)
48A04-1311-CR-548
Criminal. Affirms revocation of probation and remands for correction of the sentencing order and abstract of judgment.
Brian Baxter v. State of Indiana (NFP)
49A05-1306-CR-285
Criminal. Affirms denial of Baxter’s motion to compel certain public agencies to produce public records relating to his convictions of three counts of murder, conspiracy to commit robbery, resisting law enforcement and carrying a handgun without a license.
James Washington v. State of Indiana (NFP)
10A05-1312-CR-626
Criminal. Affirms conviction of murder, reverses in part and remands. There was sufficient evidence to rebut Washington’s claim of self defense, his sentence was appropriate, but on the state’s cross-appeal, the panel determined the trial court erred by finding conviction of Class B felony robbery was a lesser included offense. Remands with instruction that Washington be resentenced with the additional robbery conviction.
Jerrimica T. Madding v. State of Indiana (NFP)
18A04-1312-CR-608
Criminal. Affirms revocation of probation.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Admission of video and recorded statements did not violate Sixth Amendment
The defendant in a drug trial was unable to convince the Indiana Court of Appeals that his constitutional right to confront a witness was violated when the confidential informant did not testify at trial.
Opinions July 15, 2014
Indiana Court of Appeals
Antonio L. Vaughn v. State of Indiana
84A01-1302-CR-57
Criminal. Affirmed Vaughn’s conviction and 40-year aggregate sentence for two counts of dealing in cocaine, each as a Class A felony, and one count of maintaining a common nuisance, a Class D felony. Finds the trial court did not abuse its discretion in admitting evidence of the controlled buys, statements of the confidential information and the cocaine. Also finds the trial court did not abuse its discretion in instructing the jury. Rules the evidence was sufficient to support Vaughn’s convictions. Holds the trial court did not abuse its discretion when it sentenced Vaughn but it made a clerical error on the sentencing order. Remanded to the trial court to correct error to reflect that Vaughn was sentenced for maintaining a common nuisance conviction to three years, not three-and-a-half years.
Court rejects automatic change in custody for moving mom
A mother will not automatically lose custody of one of her children if she chooses to relocate to Texas, the Indiana Court of Appeals held Tuesday, reversing in part a trial court order in favor of the child’s presumptive father.
Ex-HHGregg manager’s lawsuit grows into class-action
A lawsuit brought by a former HHGregg Inc. manager charging that the company failed to pay incentive bonuses has been granted class-action status by a Marion Superior Court judge.
Woman loses appeal over stillbirth medical malpractice claim
A woman who claimed medical malpractice contributed to a stillborn child failed to persuade the Indiana Court of Appeals that a trial court erred in granting summary judgment in favor of defendants.
Appeals court affirms post-conviction relief not justified for rapist
A man who pleaded guilty in 1997 to raping his 6-year-old daughter committed a crime so heinous that his sentence of 50 years in prison was justified, and he raised no issues in a post-conviction relief appeal on which the sentence could be reduced.
Convenience stores continue fight for cold beer
Indiana convenience stores are pushing forward with their effort to persuade the courts to upend the state’s restrictions on cold beer sales.
Divided COA reverses grandparent visitation order
Indiana Court of Appeals judges split on their views of the best interests of a child Tuesday, reversing a trial court order granting visitation to the paternal grandparents of a 4-year-old whose father committed suicide before the child was born.
IndyBar: Attorney Volunteers Needed for IndyBar Homeless Shelter Project
Want to make an impact? The IndyBar Homeless Shelter Project is looking for attorney volunteers. Through this project, IndyBar volunteers visit four local homeless shelters each month, giving legal advice and occasionally offering limited representation.