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.
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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.
State asks judge to delay right-to-work ruling
The Indiana attorney general's office has asked a judge to put on hold his order striking down the state's right-to-work law.
Woman’s burglary conspiracy conviction affirmed
The Indiana Court of Appeals Friday affirmed the conviction of a correctional officer who played a role in arranging the burglary of a safe from a friend’s home.
Supreme Court lets lawyer’s suit against Duke Realty proceed
The Indiana Supreme Court summarily affirmed a Court of Appeals ruling that a jury should decide whether a real estate company intentionally induced a law firm to terminate an attorney’s partnership agreement as the result of a dispute over a land agreement.
Appeals court affirms denial of post-conviction relief
A man who was represented by a law student at his guilty plea hearing and claimed he received ineffective assistance of counsel could not persuade a panel of the Indiana Court of Appeals to reverse a denial of his petition for post-conviction relief.
Opinions July 24, 2014 ILD
Indiana Court of Appeals
Larry A. Jones v. State of Indiana (NFP)
82A04-1312-CR-627
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Opinions July 24, 2014
Indiana Court of Appeals
Larry A. Jones v. State of Indiana (NFP)
82A04-1312-CR-627
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Judge orders federal defender to turn over Conour funds
A judge has ordered Indiana Federal Community Defenders Inc. to turn over money it is holding in a trust account belonging to convicted fraudster and former attorney William Conour.
Attorney general sues 7 accused foreclosure relief scammers
Indiana Attorney General Greg Zoeller filed lawsuits Wednesday against seven companies for allegedly operating fraudulent mortgage rescue or loan modification schemes, scamming Hoosiers out of more than $14,000 in fees. The suits are a part of a nationwide sweep against foreclosure relief scammers.
Lake Co. judge strikes down Indiana right-to-work
A Lake County judge struck down Indiana's right-to-work ban on certain union fees in a second legal blow to the contentious law passed in 2012.
Ex-IMPD officer claims juror misconduct, denied due process
The former Indianapolis police officer convicted of killing one motorcyclist and injuring two others when he hit them while driving his patrol car in 2010 argues in his brief filed Wednesday that he is entitled to a new trial.
Judge rules against residents in lawsuits over hog smell
A judge has ruled state law protects four large hog farms from lawsuits filed by residents of an eastern Indiana county who complained about waste and foul smells from their operations.
Opinions July 23, 2014 ILD
Indiana Court of Appeals
Briandre Q. Howard v. State of Indiana (NFP)
02A03-1310-CR-428
Criminal. Affirms sentence following guilty plea to Class B felony burglary and Class D felony theft.
Joseph Chadwick Cole v. State of Indiana (NFP)
69A05-1402-CR-92
Criminal. Affirms revocation of probation.
In Re: the Termination of the Parent-Child Relationship of: S.J. (Minor Child), And D.C. (Father) v. The Indiana Department of Child Services (NFP)
02A04-1312-JT-646
Juvenile. Affirms order terminating parental rights.
Freemond Jordan v. State of Indiana (NFP)
71A04-1310-CR-540
Criminal. Affirms convictions of murder and Class B felony attempted robbery.
Walter J. Bramage v. Discover Bank (NFP)
45A04-1312-CC-636
Civil collection. Affirms summary judgment in favor of Discover Bank.
David Jastrzembski v. State of Indiana (NFP)
71A03-1312-CR-481
Criminal. Affirms conviction of Class D felony check fraud.
Joseph R. Mosley v. State of Indiana (NFP)
87A01-1312-CR-530
Criminal. Affirms sentence following guilty plea to 23 counts of Class D felony theft.
Shannon Goodman v. State of Indiana (NFP)
22A01-1401-CR-5
Criminal. Affirms sentence following guilty plea to Class A felony burglary resulting in bodily injury.
Adam Trusty and Brittany Trusty v. David L. Hood (NFP)
08A05-1309-CC-466
Civil collection. Affirms breach of contract claim to sell residential real estate against the Trustys.
Delvon Tolbert v. State of Indiana (NFP)
20A05-1310-CR-564
Criminal. Affirms conviction of Class C felony forgery.
Adam Taylor v. State of Indiana (NFP)
49A05-1311-CR-566
Criminal. Affirms denial of Taylor’s motion to suppress evidence seized during a search of his vehicle and his sentence for Class B felony possession of a firearm by a serious violent felon, Class D felony dealing in marijuana, Class D felony possession of a controlled substance and Class A misdemeanor resisting law enforcement.
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.
Opinions July 23, 2014
Indiana Court of Appeals
Willie L. Montgomery v. State of Indiana
82A05-1401-CR-34
Criminal. On interlocutory appeal, rejects Montgomery’s challenge of the denial of his motion to dismiss a charge of failure to register as a sex or violent offender in Vanderburgh County because he has already been prosecuted for failing to register in Pike County. The charge in question is not barred under I.C. 35-34-1-4(a)(7) and does not violate double jeopardy principles. Remands for trial.