Judge gives final OK of recycling settlement
A federal judge has given his final approval to a class-action settlement calling for the operators of a northern Indiana wood-recycling plant to clean up and shutter the site within five years.
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Opinions June 16, 2014 ILD
Indiana Court of Appeals
J.C. Jennings, II v. State of Indiana (NFP)
45A03-1310-CR-425
Criminal. Affirms conviction of Class D felony sexual battery.
William R. Griffin, II v. State of Indiana (NFP)
84A01-1401-CR-17
Criminal. Affirms revocation of probation.
Jeremiah D. Breedlove v. State of Indiana (NFP)
32A01-1309-CR-421
Criminal. Affirms revocation of probation.
Lloy J. Ball v. State of Indiana (NFP)
76A03-1312-CR-501
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangers a person.
Brent R. Gilbert v. State of Indiana (NFP)
28A04-1312-CR-613
Criminal. Affirms revocation of placement in community corrections.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions June 16, 2014
Indiana Court of Appeals
J.C. Jennings, II v. State of Indiana (NFP)
45A03-1310-CR-425
Criminal. Affirms conviction of Class D felony sexual battery.
Blogger Brewington seeks rehearing, wants Rush to recuse
A blogger whose intimidation convictions arising from a child-custody dispute were affirmed by the Indiana Supreme Court is seeking a rehearing in an effort to vacate his convictions.
County jail officials in Southern Indiana accused of abusing inmates
A class-action lawsuit filed on behalf of former inmates accuses officials at the Floyd County jail of forcibly stripping the inmates of their clothing and keeping them naked in a padded cell for prolonged periods of time in violation of their constitutional rights.
Justices take forfeiture, adoption appeals
The Indiana Supreme Court added to its docket a Marion County drug forfeiture case and a Lake County adoption matter.
Valparaiso Law renames Professionalism Series to honor late dean Louis Bartelt
Valparaiso University Law School is recognizing longtime faculty member and former dean Louis F. Bartelt Jr. by renaming the school’s Professionalism Series in his honor.
National juvenile justice program growing in Indiana
Four more counties are being added to Indiana’s Juvenile Detention Alternatives Initiative in June, the first step to a significant expansion of the program within Indiana.
Deposition challenges timing of BMV overcharges
A former deputy director at the Indiana Bureau of Motor Vehicles says he told agency leaders as early as 2010 that many BMV fees exceeded what was authorized under Indiana law but that the agency kept overcharging Hoosiers for at least two years to avoid budget troubles.
Mother’s argument crushed by precedent
The Indiana Court of Appeals upheld precedent in finding a mother who made sporadic child support payments over several years did fail to provide assistance for one entire year as outlined in state statute.
Judge asks public defender about Conour money
A federal judge has ordered the Office of the Federal Defender for the Southern District of Indiana to disclose whether it is holding any property belonging to William Conour, the former attorney who was represented by a public court-appointed lawyer from the agency.
Corrections day allows lawmakers to tweak new laws before they take effect
The Indiana Legislature will reconvene Tuesday to make technical corrections to statutory changes made during the 2014 session. Tweaking the new sentencing law so that it does't reduce prison terms for child molesters and clarifying the amount of drugs that lead to controlled substance charges are among actions lawmakers plan to take. IBJ.com has more.
Opinions June 13, 2014 ILD
Indiana Court of Appeals
Lakhvir Singh v. State of Indiana (NFP)
49A02-1309-CR-761
Criminal. Affirms convictions of Class B felony rape, Class B felony attempted criminal deviate conduct, Class D felony sexual battery, Class D felony strangulation and Class A misdemeanor domestic battery.
Dena Alfayyad v. U.S. Bank National Association as Trustee for RASC 2007KS3 (NFP)
29A02-1307-MF-652
Mortgage foreclosure. Affirms summary judgment in favor of U.S. Bank National Association.
In the Matter of: A.H., Jb.H., and Je.H., Children in Need of Services, C.P. v. The Indiana Department of Child Services (NFP)
34A05-1401-JC-1
Juvenile. Affirms adjudication of children in need of services.
Indiana Supreme Court and Indiana Tax Court issued no opinions Friday by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions Friday by IL deadline.
Opinions June 13, 2014
Randy L. Knapp v. State of Indiana
28S00-1305-LW-327
Criminal. Affirms in all respects the murder conviction and life without parole sentence for Randy L. Knapp in the killing of Stacey Lawson. The court rejected Knapp’s claims that crime scene photos and expert witness testimony were improperly admitted and that his sentence wasn’t supported by evidence or was inappropriate in light of his character and nature of his offense.
Insurance credit in criminal restitution case affirmed
A woman who pleaded guilty to drunken driving and was ordered to pay restitution to a victim hurt as a result of a crash was entitled to use insurance proceeds to pay the court-ordered damages, the Court of Appeals ruled Friday.
Odyssey to shut down as Marion County transitions to system
The state-supported Odyssey case management system and its public online portal mycase.in.gov will go offline Friday evening as Marion County transfers its criminal cases into the system.
Court upholds man’s conviction for confining wife’s sister
Although a prosecutor made an inappropriate comment during a man’s trial for criminal confinement, that comment had little persuasive effect on the jury, the Indiana Court of Appeals ruled Friday. The judges affirmed Jonathan Stephens’ conviction of Class C felony criminal confinement.
Court affirms repeat burglar’s sentence
A man who broke into the same property repeatedly and another property at a different time could not persuade an appellate panel that his 24-year sentence was inappropriate because the crimes were from a single episode.
Father entitled to counsel at contempt hearing
A Marion County man has made a prima facie showing that the trial court erred by denying his request for counsel at a hearing on contempt. Brian Moore’s ex-wife wanted him found in contempt for not paying the full amount of child support.
Justices affirm life without parole for murderer
The Indiana Supreme Court affirmed in all respects the life without parole sentence imposed on a man sentenced for murder.