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COA orders hearing to determine juror bias against plaintiff

The Indiana Court of Appeals ruled that a trial court should have ordered an evidentiary hearing to determine whether a juror in an auto accident case was biased against the plaintiff instead of ordering a new trial regarding damages.

Court correctly denied petition to expunge felony conviction

The Indiana Court of Appeals, citing a recent expungement case involving a misdemeanor conviction, agreed with the rationale of that panel that if a person violates the terms of probation, that person did not successfully complete his sentence.

Judges divided over whether city attorney could participate in demolition decision

Two judges on the Indiana Court of Appeals Wednesday believed that a Hammond resident didn’t have the benefit of an impartial decision maker in the proceeding that ordered demolition of his property. They believed the city attorney, whose office prosecuted the case, couldn’t sit on the city board that conducted the hearing.

COA: Dispute with camp should be heard in White County

The YMCA Camp Tecumseh’s quest to stay a zoning decision that allows a confined feeding operation to set up shop next to the camp’s property should be heard in White County, not Carroll County where the camp is located, the Indiana Court of Appeals ruled.

Indiana same-sex marriage ban overturned

Federal Judge Richard Young has overturned Indiana’s ban on same-sex marriage, finding the law violates the 14th Amendment’s due process and equal protection clauses.

Opinions June 24, 2014 ILD

Indiana Court of Appeals
Willie J. Washington v. State of Indiana (NFP)
02A03-1310-CR-427
Criminal.  Affirms sentence for Class C felony corrupt business influence and 20 counts of Class C felony forgery.

Antonio McCaster v. State of Indiana (NFP)
79A04-1311-CR-544
Criminal.  Affirms conviction of Class A felony dealing in cocaine and habitual offender determination.

Melissa Brandon v. State of Indiana (NFP)
49A05-1310-CR-521
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Eric Garver, Brian Garver, and Dawn Shepherd v. IDS Property Casualty Insurance Company (NFP)
64A03-1307-PL-292
Civil plenary.  Affirms the trial court correction determined the policy limit at $250,000 and the homeowner policy excluded further payment of damages claimed by the Garvers.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

 

Opinions June 24, 2014

7th Circuit Court of Appeals
Tyrone L. Jones v. Richard Brown
12-3245
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Affirms denial of Jones’ petition for habeas relief. Finds his trial counsel was not constitutionally ineffective under Strickland. 

7th Circuit denies convicted murderer habeas relief

An Indiana man who was denied habeas relief, arguing his trial attorney was ineffective for not trying to suppress as evidence clothing he had given to police after his arrest, lost his appeal before the 7th Circuit Court of Appeals Tuesday.

Opinions June 23, 2014

7th Circuit Court of Appeals
United States of America v. Walbert Keith Farmer
13-3373
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Criminal. Vacates conditions of supervised release that required Farmer to submit to certain searches at the request of his probation officer, even without a warrant or reasonable suspicion, and a ban on self-employment. These special conditions do not bear a reasonably direct relationship to Farmer’s underlying crimes of attempted extortion. Remands for further proceedings.
 

Judges vacate 2 conditions of supervised release

Because two special conditions imposed on a man convicted of attempted extortion do not bear a reasonably direct relationship to his underlying crimes, the 7th Circuit Court of Appeals vacated those conditions.

COA: No material discrepancy between deposition, testimony

The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a lawsuit alleging medical malpractice, finding the trial court should not have stricken the affidavit of the plaintiffs’ expert witness.