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Irsay pleads guilty to misdemeanor in drug case

Indianapolis Colts owner Jim Irsay must submit to drug testing for a year after pleading guilty Tuesday to a misdemeanor count of driving while intoxicated stemming from his arrest after a traffic stop in March.

Supreme Court recommends abolishing Marion County township courts

A report from the National Center for State Courts recommends the nine township small claims venues in Indianapolis transition into a unified section of Marion Superior Courts. The Indiana Supreme Court is asking lawmakers to abolish the current system and unify them with the Superior Courts’ Civil Division effective Jan. 1, 2016.

Same-sex couples seek to have their Indiana marriages recognized

Three same-sex couples who married in the days after Indiana’s marriage law was declared unconstitutional have filed a complaint in federal court, asserting the validity of their unions is not affected by the stay issued from the 7th Circuit Court of Appeals.

Man acquitted in triple-slaying seeks new judgment

A former Indiana State trooper acquitted last year in the slayings of his wife and two children is asking a judge to issue a judgment against a man convicted in the case nearly a decade ago, holding him accountable for their deaths.

Justices halt ruling striking down right-to-work law

The Indiana Supreme Court on Friday put on hold a lower court judge's ruling striking down the state's right-to-work law and denied a request that it be consolidated with a similar case, clearing the way for the justices to hear arguments on the issue next week.

Note to readers

Indiana Lawyer Daily will not publish Sept. 1 in observance of the Labor Day holiday.

Opinions Aug. 29, 2014 ILD

Indiana Court of Appeals
Julianna Eagan, formerly Julianna Paciorkowski v. Christopher Paciorkowski (NFP)
20A03-1312-DR-493
Domestic relation. Affirms determination that daughter J.P. repudiated her relationship with her father so that he was no longer obligated to pay her educational expenses.

Julius J. Rice v. State of Indiana (NFP)
49A05-1311-CR-552
Criminal. Affirms convictions of Class B felony criminal confinement, Class D felony criminal recklessness and Class A misdemeanor battery.

John Palatas v. State of Indiana (NFP)
89A05-1403-CR-134
Criminal. Affirms aggregate 45-year sentence following guilty plea to several drug charges.

Calvin Turner v. State of Indiana (NFP)
48A04-1403-CR-96
Criminal. Affirms three-year aggregate sentence imposed for convictions of two counts of Class D felony theft.

Kalan Murphy v. State of Indiana (NFP)
71A03-1311-CR-433
Criminal. Affirms conviction of Class C felony battery with a deadly weapon.

Bruce Johnson-El v. State of Indiana (NFP)
09A02-1302-PC-270
Post conviction. Affirms denial of motion to correct error.

Herman Gehl, II v. State of Indiana (NFP)
59A01-1401-PC-12
Post conviction. Affirms denial of petition for post-conviction relief.

Colby R. McKnelly v. State of Indiana (NFP)
30A05-1307-CR-378
Criminal. Affirms convictions and sentence for murder and Class C felony battery with a deadly weapon. Remands to correct an error in the abstract of judgment.

Charles E. Justise, Sr. v. Indiana Department of Correction (NFP)
49A05-1309-PL-462
Civil plenary. Affirms dismissal of complaint for failure to pay filing fees.

Quenton D. Davis v. State of Indiana (NFP)
02A05-1401-CR-28
Criminal. Affirms conviction of Class D felony domestic battery.

Jeffrey Elkins v. State of Indiana (NFP)
28A01-1404-CR-166
Criminal. Affirms sentence following guilty plea to Class D felony attempted theft.

Johnnylee Sims v. State of Indiana (NFP)
71A05-1403-CR-98
Criminal. Affirms conviction of Class C felony burglary.
 

Opinions Aug. 29, 2014

Indiana Court of Appeals
C.H. v. State of Indiana
49A02-1310-JV-904
Juvenile. Affirms officer’s stop of C.H. because he was believed to be a suspect in a crime and the order of restitution because C.H. never objected to the order he pay restitution. Reverses adjudication of what would be Class B misdemeanor unlawful entry of a motor vehicle because the same evidence was used to adjudicate C.H. of that charge and what would be Class A misdemeanor trespass. Remands for further proceedings.

Teen has 1 adjudication overturned, must still pay restitution

A teenager adjudicated as delinquent after it was determined he was in a stolen car was able to convince the Indiana Court of Appeals to reverse one of his adjudications due to double jeopardy. But, the teen must still pay restitution to the victims of his crimes.

Man waited too long to ask for return of cash bond

Although the trial court was not statutorily authorized to retain a man’s cash bond in 2005, the Indiana Court of Appeals affirmed the denial of his motion to release the bond because he waived his argument.

Judges order new rape trial based on inadmissible evidence

Because a detective’s testimony that a man on trial for committing rape was also a suspect in another case likely had a prejudicial impact on the jury finding the man guilty, the Indiana Court of Appeals ordered a new trial.

COA affirms reduction of incarcerated father’s child support obligation

A trial court did not abuse its discretion by reducing a father’s child support and arrearage to an absolute minimum level after he requested review of his obligation, the Indiana Court of Appeals affirmed Friday. The man, who is incarcerated, claimed the court did not consider his income or needs when making the reduction.