Prosecutors: Debt motive for 2012 Indy explosion
Prosecutors have filed court documents indicating that mounting gambling and credit card debt were the motive behind a deadly explosion that devastated an Indianapolis neighborhood in 2012.
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Expungement law has good, bad sides, prosecutors say
An Indiana law allowing some criminals to have their records expunged is drawing mixed reviews from judges and attorneys, who say parts of the law don't make sense.
Simon, Lilly attorneys among top-paid general counsel
General counsel for two Indianapolis-based Fortune 500 companies are among the 100 highest-compensated corporate attorneys, according to Corporate Counsel’s 2014 Survey.
Commission approves retroactive reduction in drug trafficking sentences
The United States Sentencing Commission unanimously voted Friday to retroactively apply a reduction in the sentencing guideline levels applicable to most federal trafficking offenders. The change could impact the sentences of more than 46,000 prisoners.
Opinions July 18, 2014 ILD
Indiana Court of Appeals
In re: The Visitation of A.W., J.W. v. State of Indiana (NFP)
71A03-1401-MI-3
Miscellaneous. Dismisses denial of mother’s motion to correct error.
In re the Marriage of: Monica S. Yoldash n/k/a Monica S. Orta v. Ibrahim E. Yoldash (NFP)
45A03-1308-DR-324
Domestic relation. Affirms dissolution of the marriage.
John Zapata d/b/a Zapata Collection Services, An Individual and as Assignee v. Ball State University, Facilities Management and Planning (NFP)
18A04-1310-CC-534
Civil collection. Affirms grant of Ball State’s motion to dismiss Zapata’s complaint for damages arising from a breach of contract.
John V. Guthrie v. State of Indiana (NFP)
45A05-1311-PC-551
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Commissioner of Insurance Stephen W. Robertson, on behalf of Indiana Patient's Compensation Fund v. Kimi Clark, Personal Representative of the Estate of William Troy Clark, Deceased (NFP)
49A04-1401-CT-7
Civil tort. Affirms award of damages for lost earnings to the estate following remand.
Emmanuel Winters v. State of Indiana (NFP)
79A02-1312-CR-1050
Criminal. Affirms 20-year sentence imposed following guilty plea to Class B felony robbery and Winters’ admission that he is a habitual offender.
Lloyd Hedstrom v. State of Indiana (NFP)
46A05-1401-CR-12
Criminal. Affirms 80-year aggregate sentence but reverses classification as a credit-restricted felon and remands with instructions.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions July 18, 2014
Indiana Court of Appeals
In re: The Visitation of A.W., J.W. v. State of Indiana (NFP)
71A03-1401-MI-3
Miscellaneous. Dismisses denial of mother’s motion to correct error.
State to scope Indy block for new building to house judiciary, legislative office space
Gov. Mike Pence’s administration is in the early stages of a land-use study for a hot piece of downtown Indianapolis property north of the Statehouse.
Indiana joins multistate Apple e-book price-fixing settlement
Indiana consumers who purchased e-books at an artificially inflated price will share in a $400 million settlement with computer giant Apple Inc., Attorney General Greg Zoeller announced Friday.
Plea agreement bars defendant from appealing sentence
A defendant who agreed to waive his right to appeal his sentence after pleading guilty to a drug offense was unable to convince the 7th Circuit Court of Appeals that he should be allowed to pursue his ineffective assistance of counsel claim.
Opinions July 17, 2014 ILD
Indiana Court of Appeals
Joseph M. Bell v. State of Indiana (NFP)
20A03-1311-CR-464
Criminal. Affirms conviction of Class A felony attempted dealing in methamphetamine.
Phyllis Roy v. Jerry Gidrewicz (NFP)
45A03-1306-PO-263
Protective order. Affirms trial court’s denial of Roy’s motion to correct error.
Kenneth Ferrell v. State of Indiana (NFP)
49A04-1311-CR-567
Criminal. Affirms conviction of Class D felony residential entry.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions Thursday by IL deadline.
Opinions July 17, 2014
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Lorenzo Mosley
13-3184
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Affirms revocation of Mosley’s supervised release after judge found Mosley had committed the alleged violations, which included dealing cocaine, and sentence to 21 months in prison. The District Court erred in admitting a hearsay statement without finding there was “good cause,” but the error was harmless.
Admittance of hearsay evidence harmless error, rules 7th Circuit
The out-of-court testimony of a woman who said she purchased crack cocaine from a man who was on supervised release should not have been admitted during the man’s hearing regarding revoking his release, the 7th Circuit Court of Appeals held Wednesday. But this was a harmless error because the circumstantial evidence supports that the man dealt crack cocaine to the woman.
Dad’s text to daughter supports violation of protective order
A Johnson County man who sent a text message to his daughter to give to his ex-wife – who had a protective order against him – violated that order when he sent his daughter the message, the Indiana Court of Appeals affirmed.
COA reverses public intox conviction based on potential danger
The state’s claim that a man’s public intoxication conviction should stand because of possible danger he faced if he left an apartment complex while intoxicated was rejected by the Indiana Court of Appeals Thursday because the argument was merely speculative.
COA clarifies and affirms original opinion in environmental cleanup case
The Indiana Court of Appeals granted the request of the city of Indianapolis and the Department of Environmental Management to take another look at its opinion issued in April that allowed businesses that neighbored a contaminated property to intervene in the cleanup case. But the judges affirmed the court’s original decision in all respects.
Statute does not allow for deferral of dealing marijuana charge
The Indiana Court of Appeals rejected a man’s argument that I.C. 35-48-4-12 would run afoul of double jeopardy or collateral estoppel if the court defers his marijuana possession charge but not his charge of dealing marijuana.
Justices uphold $94,000 in damages, fees for failed condo sale
The Indiana Supreme Court agreed with the trial court that a seller of a condo whose buyers backed out of the purchase agreement over failed repairs could have mitigated her damages by selling the condo in 2007 to a different buyer instead of waiting until 2011 and accepting a lower price.
Judge orders Indiana BMV to resume selling plates
The Indiana Bureau of Motor Vehicles must resume issuing personalized license plates, a Marion County judge ordered Wednesday, but that doesn't mean it'll happen in the near future.
Epileptic man’s excessive force, wrongful arrest case proceeds
A man with epilepsy who claims Indianapolis police assaulted and falsely arrested him while he was having a seizure may proceed with numerous claims against the officers and the city, a federal judge ruled Wednesday.
Indiana county to make money off of bad drivers
A northwest Indiana county has agreed to sell court records to a data-mining company that plans to supply them to insurers who will use them to raise rates for bad drivers.