Legal snags kill Community-Eskenazi hospital merger
Community Health Network and Eskenazi Health quietly called off their engagement months ago, when they found out federal laws effectively prohibited their marriage.
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Professor shares music’s power at detention center
Musician Nayo Ulloa has been teaching kids to play instruments for years, but his newest class at the Elkhart County Juvenile Detention Center is unlike any other he has ever encountered.
COA affirms order mother attend psychotherapy
Ruling on a matter of first impression, the Indiana Court of Appeals upheld a trial court’s decision to impose psychotherapy in a marital dissolution and custody order.
COA reverses conviction based on charging information
Because the charging information did not give a defendant fair notice of the crime of which he was convicted, the Indiana Court of Appeals reversed his Class B felony attempted aggravated battery conviction.
Officer’s testimony about victim’s statement admissible, COA rules
A trial court did not abuse its discretion when it allowed an Indianapolis police officer to testify as to a victim’s out-of-court statements made to the officer shortly after an incident where she was beaten up.
Inherited IRA funds not considered ‘retirement funds’
The Supreme Court of the United States unanimously held Thursday that funds contained in an inherited individual retirement account do not qualify as “retirement funds” within the meaning of a bankruptcy exemption.
Opinions June 12, 2014 ILD
Indiana Court of Appeals
Bradley S. Stock v. State of Indiana (NFP)
24A05-1308-CR-403
Criminal. Affirms convictions of Class C felony child molesting, Class C felony vicarious sexual gratification, Class D felony performing sexual conduct in the presence of a minor and Class D felony child solicitation.
In the Matter of the Termination of the Parent-Child Relationship of B.P.V. & B.L.V. (Minor Children) and H.P. (Mother) v. The Indiana Department of Child Services (NFP)
71A04-1310-JT-546
Juvenile. Affirms termination of parental rights.
Shelton B. Stephens v. State of Indiana (NFP)
02A03-1311-CR-439
Criminal. Affirms revocation of probation and order Stephens serve the remainder of his suspended sentence.
Tony Lamar Thompson v. State of Indiana (NFP)
48A05-1311-CR-546
Criminal. Affirms revocation of probation and order Thompson serve the entirety of his previously suspended sentence.
Nicholas M. Weatherford v. State of Indiana (NFP)
79A02-1309-CR-766
Criminal. Affirms Class D felony theft conviction and adjudication as a habitual offender.
Darris Blake Galloway v. State of Indiana (NFP)
45A05-1310-CR-503
Criminal. Affirms conviction of Class B felony dealing in cocaine.
Vance Gene Bridgemon v. State of Indiana (NFP)
46A04-1310-CR-552
Criminal. Affirms denial of Ind. Trial Rule 60(B) motion for relief from robbery convictions.
Franklin E. Logan v. State of Indiana (NFP)
24A05-1310-CR-495
Criminal. Affirms conviction and sentence for Class C felony burglary.
Krasimir Pavlov v. State of Indiana (NFP)
02A03-1311-CR-443
Criminal. Affirms convictions of Class D felony battery and Class A misdemeanor criminal trespass.
Shawkan Darden v. State of Indiana (NFP)
49A02-1310-CR-892
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.
Nita Joyce Trott v. State of Indiana (NFP)
82A01-1311-CR-496
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class B misdemeanor reckless driving.
Kevin R. Simmons v. State of Indiana (NFP)
18A02-1309-CR-830
Criminal. Affirms conviction of Class C felony battery resulting in serious bodily injury.
In the Matter of the Termination of Parent-Child Relationship of J.C.G. (Minor Child), and L.A.M. (Mother) v. The Indiana Department of Child Services (NFP)
02A03-1312-JT-466
Juvenile. Affirms termination of parental rights.
Tracy L. Oaks v. State of Indiana (NFP)
85A02-1312-CR-1057
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a Schedule I, II or III controlled substance.
In the Matter of the Termination of the Parent-Child Relationship of: G.M. (Minor Child), and R.M. (Mother) v. The Indiana Department of Child Services (NFP)
29A05-1310-JT-509
Juvenile. Affirms termination of mother’s parental rights.
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 June 12, 2014
Indiana Court of Appeals
Gabriel McQuay v. State of Indiana
49A02-1311-CR-954
Criminal. Affirms convictions of Class D felony criminal confinement and Class A misdemeanor battery. Under an objective analysis, the circumstances of the encounter as well as the statements and actions of R.S. and Officer Travis Williams indicate that the primary purpose of the interrogation was to enable police assistance to meet an ongoing emergency. As such, R.S.’s identification of herself and McQuay were not testimonial statements. The Confrontation Clause did not bar their admission at McQuay’s trial.
Justices take certified question regarding dependents
The Indiana Supreme Court will determine what exactly the phrase “dependent upon such person” modifies. The high court accepted a certified question on the matter from the United States Bankruptcy Court for the Northern District of Indiana.
Zoeller investigating GM ignition-defect recall delay
General Motors Co.’s delayed decision to recall almost 2.6 million cars for ignition-switch defects is being investigated by Indiana Attorney General Greg Zoeller, a spokeswoman for his office said. IBJ.com has more on the attorney general's investigation.
Opinions June 11, 2014 ILD
Indiana Court of Appeals
Ajayi Folajuwoni v. State of Indiana (NFP)
49A02-1306-CR-556
Criminal. Affirms convictions of Class A misdemeanor voyeurism, Class B misdemeanor battery and Class B felony attempted deviate conduct.
In Re the Paternity of C.B.: F.M. v. N.B. (NFP)
71A04-1309-JP-492
Juvenile. Affirms grant of father’s petition to award him primary custody of child and the order mother pay $5,000 of father’s attorney fees.
In the Matter of the Termination of the Parent-Child Relationship of A.R. and K.R., Minor Children, and B.W., Mother, B.W. v. Indiana Department of Child Services, et al (NFP)
45A05-1307-JT-335
Juvenile. Affirms order terminating parental rights.
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 June 11, 2014
Shannon Robinson and Bryan Robinson v. Erie Insurance Exchange
49S02-1311-PL-733
Civil plenary. Affirms summary judgment in favor of Erie Insurance on the issue of whether its automobile policy provided uninsured motorists coverage for automobile property damaged caused by a hit-and-run driver where no personal injury resulted. Because personal injury did not result in the accident, the Erie policy does not provide uninsured motorist coverage with respect to the property damage sustained by the Robinsons’ vehicle.
Dickson: ‘Time is right’ to step down as chief justice
Saying “the time is right for this transition,” Chief Justice Brent Dickson announced Wednesday he would relinquish his leadership of the state Supreme Court but will remain as an associate justice until he faces mandatory retirement in just over two years.
Reasonable suspicion needed to search home detention participant’s residence
The Indiana Court of Appeals affirmed the suppression of evidence found at a Tippecanoe County home by community corrections officers, finding the roommate of the man on home detention had a reasonable expectation of privacy.
Judges order protective order extension recalculated
Finding a 28-year extension of a protective order to be unreasonable, the Indiana Court of Appeals ordered the trial court to determine a “reasonable extension.”
COA rules against former Junior Achievement boss in defamation suit
The Indiana Court of Appeals affirmed that a central Indiana organization and its president did not defame the former president of Junior Achievement of Central Indiana or tortiously interfere with a business relationship.
Constitutional convention proponents to meet in Indiana Statehouse
The movement to convene a constitutional convention aimed at reining in the power of the federal government is coming to Indianapolis June 12 and 13.
Dickson stepping down as chief justice
Indiana Chief Justice Brent Dickson announced Wednesday that he will step down as chief justice sometime before Sept. 1. Dickson plans on staying on the Supreme Court as an associate justice until he reaches the mandatory retirement age of 75 in July 2016.
Uninsured coverage doesn’t include property damage in hit-and-run accident
The Indiana Supreme Court Tuesday affirmed summary judgment for an insurance company that its motor vehicle policy issued to a family does not provide uninsured motorists coverage in a hit-and-run accident.
Opinions June 10, 2014 ILD
Indiana Court of Appeals
Kevin M. Barber v. State of Indiana (NFP)
53A01-1310-CR-464
Criminal. Affirms denial of motion to correct erroneous sentence.
Latoya C. Lee v. State of Indiana (NFP)
49A02-1310-CR-867
Criminal. Affirms convictions and sentence for Class B felony attempted aggravated battery but remands with instructions to correct error in the abstract of judgment.
Robert F. Petty v. State of Indiana (NFP)
72A05-1310-CR-538
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon.
Michael A. Riley v. Oscar and Linda Sandlin (NFP)
32A01-1310-PL-453
Civil plenary. Affirms judgment in favor of the Sandlins on Riley’s action alleging conversion.
Ted Mueller, Jr. v. State of Indiana (NFP)
82A05-1305-CR-240
Criminal. Affirms convictions of murder and Class C felony conspiracy to commit robbery.
Dwayne Anderson v. State of Indiana (NFP)
49A04-1309-CR-468
Criminal. Affirms conviction of possession of marijuana as a Class A misdemeanor.
Brandon Kincheloe v. State of Indiana (NFP)
03A05-1312-CR-640
Criminal. Dismisses appeal filed after Kincheloe’s petition was revoked.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.