COA vacates murder conviction for ineffective assistance
A woman convicted of a 2006 murder received ineffective assistance of counsel and is entitled to a retrial, the Indiana Court of Appeals ruled Monday, vacating a murder conviction.
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Same-sex couple facing terminal illness files emergency motion with 7th Circuit
The couple who won an initial battle to have their same-sex marriage recognized – a case that foreshadowed the overturning of Indiana’s marriage law last week – is now fighting the emergency stay granted June 27 by the 7th Circuit Court of Appeals.
Plea agreement did not give court ability to impose restrictive probation
A trial court went too far when it accepted a plea agreement then imposed a one-year term in work release as a condition of probation, the Indiana Supreme Court ruled.
Justices reverse resisting conviction for man who walked from police
A man who walked away from police after they ordered him to stop was wrongly convicted of resisting law enforcement, the Indiana Supreme Court held Friday in one of two cases that reviewed the statute.
Court puts Indiana gay marriage ruling on hold
A federal appeals court on Friday put on hold a judge's order striking down Indiana's gay marriage ban, bringing same-sex marriages to a halt and leaving those who've already tied the knot in legal limbo.
Virginia statute of limitations holds in Evansville radio purchase
Nearly identical provisions in business agreements meant a media owner had to file his complaint against another communications company by the statute of limitations deadline in Virginia, not in Indiana.
Opinions June 27, 2014 ILD
Indiana Court of Appeals
J.W. v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1311-EX-1003
Agency action. Affirms dismissal of request for unemployment benefits.
Edward D. Bagshaw v. State of Indiana (NFP)
10A01-1305-CR-236
Criminal. Affirms conviction of murder and 65-year sentence.
Joseph D. Reed v. State of Indiana (NFP)
49A02-1310-CR-883
Criminal. Affirms revocation of probation and remands to modify the abstract of judgment to reflect the trial court’s stated reasons for revocation.
Jeffrey Allen Gosney, Jr. v. Teri Gosney (NFP)
53A01-1310-DR-452
Domestic relation. Affirmed in part, reversed in part and remanded with instructions to reconcile inconsistent orders regarding father’s parenting time.
Richard R. Hogshire v. Ursula Hoover (NFP)
06A01-1309-DR-402
Domestic relation. Affirms in part, reverses in part and remands, finding the trial court erred in ordering Hogshire to pay $750 a week in maintenance to Hoover and to pay outstanding and future fees to an expert witness hired to valuate his businesses.
Charles Swift v. State of Indiana (NFP)
48A04-1309-CR-471
Criminal. Affirms 20-year executed sentence and convictions of Class B felony robbery and Class C felony robbery.
Clifford Mosley v. State of Indiana (NFP)
49A02-1311-CR-983
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.
Indiana Tax Court issued no opinions by IL deadline Friday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions June 27, 2014
Indiana Supreme Court
South Shore Baseball, LLC d/b/a Gary South Shore RailCats and Northwest Sports Venture, LLC v. Juanita DeJesus
45S03-1308-CT-531
Civil tort. Reverses trial court denial of a motion for summary judgment to the Railcats defendants in a case brought by a fan injured by a foul ball hit into the stands at a minor-league baseball game. Holding the defendants are entitled to summary judgment, remands to the trial court to enter judgment accordingly.
Judges, prosecutor at odds over 12-hour rule for Indy arrestees
Marion Superior judges Friday delayed enacting a policy opposed by Prosecutor Terry Curry that would ensure major felony suspects a probable cause determination within 12 hours of arrest.
Justices end suit against Gary Railcats over foul-ball injury
A fan who suffered fractured facial bones and was blinded in one eye after she was struck by a foul ball at a Gary SouthShore Railcats baseball game may not proceed with a lawsuit against the team, the Indiana Supreme Court ruled Friday.
Reversal holds bank’s suit on repossessed vehicle filed too late
A pro se litigant won a reversal at the Indiana Court of Appeals Friday, which ruled a trial court erred when it ruled in favor of a bank seeking to collect after a vehicle repossession.
Judicial candidates warned about campaign content
Candidates for judicial office should not use photographs of courtrooms in their campaign materials, and only incumbent judges should be depicted in judicial robes in campaign ads, according to an advisory opinion from the Indiana Commission on Judicial Qualifications.
Ruling limits president’s recess appointments
The Supreme Court of the United States on Thursday limited the president's power to fill high-level administration posts with temporary appointments, ruling in favor of Senate Republicans in their partisan clash with President Barack Obama.
Simon sues insurance companies over fatal escalator accident
Simon Property Group Inc. has filed suit against two insurance companies in an attempt to recoup damages relating to an escalator accident at Circle Centre mall in 2009 that led to the death of a Texas FFA delegate.
Indiana recouping more tobacco settlement money
Indiana is set to recoup some of the money it had lost in tobacco lawsuit payouts after an agreement was reached between Attorney General Greg Zoeller and tobacco companies.
Opinions June 26, 2014, ILD
Indiana Court of Appeals
Rebecca Roberts v. State of Indiana (NFP)
03A01-1311-CR-498
Criminal. Affirms decision ordering Roberts to serve the entire previously suspended sentence following her probation violation.
Thomas Schultheis v. State of Indiana (NFP)
60A04-1311-CR-582
Criminal. Affirms conviction of Class D felony intimidation of a law enforcement officer.
E. Rodney Lewis Blair v. State of Indiana (NFP)
45A03-1311-CR-432
Criminal. Affirms denial of motion to withdraw guilty plea to Class B felony dealing in cocaine.
Desmond McGee v. State of Indiana (NFP)
49A05-1311-CR-555
Criminal. Affirms conviction of Class B misdemeanor battery.
Garry D. Jackson v. State of Indiana (NFP)
39A01-1310-CR-457
Criminal. Affirms conviction of Class A misdemeanor driving while intoxicated, finding Jackson is a habitual offender, and four-year prison sentence.
L.P. Richardson v. Eric Armstrong, Jonathon Postell, Tyrone Postell, Lambert Barnes (NFP)
49A02-1309-PL-826
Civil plenary. Affirms dismissal of Richardson’s complaint and award of attorney fees and court costs to Armstrong.
Shawn P. English v. State of Indiana (NFP)
02A03-1311-CR-457
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class D felony battery.
Rick Whipple v. State of Indiana (NFP)
29A02-1312-CR-1000
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline Thursday. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions June 26, 2014
Indiana Court of Appeals
Traci Nelson v. Tony Nelson
41A01-1309-DR-424
Domestic relation. Affirms order denying Traci Nelson’s motion to relocate and modifying custody of her child in favor of father Tony Nelson. Finds mother’s reasons for relocation were legitimate and in good faith and that the conclusion that the Relocation Statute factors disfavored relocation and merited a change in custody to father was not clearly erroneous.
Deed provisions are not vague, COA rules
Finding that the trial court erred in construing the provision of a plaintiff’s deed in a dispute over use of parking areas, the Indiana Court of Appeals reversed the finding of the existence of a prescriptive easement allowing dance academy customers to use portions of land owned by a neighboring company for ingress and egress from the academy’s property.
COA: Bank could charge back account after check is lost
A man who withdrew nearly all of the money in a bank account is personally liable to pay back that money to the bank, the Indiana Court of Appeals ruled Thursday. The bank had lost a check deposited into the account and the account holder was unable to help the bank identify the check writer to obtain a replacement check.
10th Circuit ruling pushes gay marriage closer to Supreme Court
The first ruling by a federal appeals court that states cannot prevent gay couples from marrying makes it more likely the Supreme Court of the United States will ultimately have to make a decision it has so far avoided — do states have the ability to prohibit same-sex marriage?