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.
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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.
Opinions July 16, 2014 ILD
Indiana Court of Appeals
M.G. v. State of Indiana (NFP)
49A04-1311-JV-535
Juvenile. Affirms adjudication for committing what would be Class A misdemeanor possession of marijuana if committed by an adult.
Hubert Cook Mayhugh III v. State of Indiana (NFP)
82A01-1312-CR-531
Criminal. Affirms conviction of felony murder and reverses Mayhugh’s Class D felony theft conviction. Affirms 60-year sentence.
In the Matter of K.L., K.L., and K.G., C.L. v. Indiana Department of Child Services (NFP)
49A02-1310-JC-894
Juvenile. Affirms order adjudicating the three children as children in need of services.
Randell Lee v. State of Indiana (NFP)
31A01-1401-CR-10
Criminal. Affirms convictions of Class C felony neglect of a dependent and four counts of Class A misdemeanor cruelty to an animal.
Connie Hinsenkamp, Town of Seelyville Clerk-Treasurer v. Seelyville Town Council; Jerry Jones, Council President; Jerry Reynolds, Council Member; and John Wade, Council Member (NFP)
84A01-1309-CC-408
Civil collection. Affirms partial denial of Hinsenkamp’s motion for summary judgment on the issues of compensation, her authority to discharge a town employee and the forfeiture of town council positions.
Marvin Strong v. State of Indiana (NFP)
84A04-1401-CR-9
Criminal. Affirms revocation of placement in community corrections.
Ashley N. Lemon v. State of Indiana (NFP)
92A03-1310-CR-419
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.
Maurice Amos, Jr. v. State of Indiana (NFP)
27A02-1309-CR-840
Criminal. Affirms convictions of felony murder, Class A felony attempted murder and Class D felony receiving stolen auto parts, and finding Amos is a habitual offender.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions July 16, 2014
7th Circuit Court of Appeals
United States of America v. Martin J. Jonassen
13-1410
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Mood.
Criminal. Affirms convictions and sentence for kidnapping and obstruction of justice. The District Court properly declined to conduct a competency hearing. Although Jonassen asserted bizarre legal theories based on his claim of “sovereign citizenship,” that alone does not provide a reason to doubt his competence to stand trial, and the record does not otherwise suggest that he lacked the ability to understand the proceedings. The court’s evidentiary ruling was also sound. The government laid an ample foundation for admission of the hearsay statements under Rule 804(b)(6); the evidence established that Jonassen used bribery, guilt and various forms of psychological intimidation to procure his daughter’s unavailability. Finally, because he did not request Jencks Act material before the close of trial, his claim for relief under the Act necessarily fails.
‘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.
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.