Indiana Supreme Court appoints attorney to fill Judge Brown’s post
Indianapolis criminal defense attorney David Cook has been appointed as judge pro tempore to fill the duties of suspended Marion Superior Judge Kimberly Brown.
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Opinions Jan. 24, 2014
Jan. 24, 2014
Indiana Tax Court
William W. Thorsness v. Porter County Assessor
49T10-1102-TA-14
Tax. Affirms final determination of the Indiana Board of Tax Review regarding Thorsness’ 2007 real property assessment. The burden-shifting rule contained in Indiana Code 6-1.1-15-1(p) and its progeny applies only to valuation challenges, not to uniform and equal constitutional challenges. Concludes that the Indiana Board of Tax Review did not err by determining that Thorsness’ ratio study did not demonstrate that the assessor’s assessment lacked uniformity.
Divided panel: OWI-causing-death retrial not double jeopardy
A majority of an Indiana Court of Appeals panel upheld a man’s conviction and 14-year sentence for driving while intoxicated causing death, but a dissenting judge said the unusual case history that led to the outcome constituted double jeopardy.
Court affirms higher home assessment as compared to neighbors
The Indiana Tax Court Thursday affirmed the 2007 assessment of a property in an upscale community on Lake Michigan, rejecting the homeowner’s argument that the assessment should be lower because surrounding homes were assessed at a lower ratio when taking into account the prices at which the homes were sold.
Split opinion: Disclosure of insurance policy limit is reversible error
Ruling on an issue of first impression, a divided panel of the Indiana Court of Appeals on Friday rejected a jury’s award of $250,000 to the widow of a motorcyclist injured in a crash. The majority remanded for a new trial, holding that disclosure of uninsured motorist policy limits was irrelevant and prejudiced the jury.
Appeals panel upholds $3.9M verdict for bicyclist hit by school bus
A student riding his bicycle to school on Washington Street in Indianapolis was hit by a school bus and critically injured, and a jury’s $3.9 million judgment in his favor was proper, the Indiana Court of Appeals ruled Friday.
Bill increasing judges’ firearms protections clears Senate
The Indiana Senate has approved a bill allowing judges to carry firearms in court and providing judicial officers the same legal immunities as law-enforcement officers. Senate Bill 3 now moves to the House. IBJ has the story.
Opinions Jan. 23, 2014 ILD
Indiana Court of Appeals
Dexter Hawkins v. State of Indiana (NFP)
49A04-1305-CR-233
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.
In the Matter of the Termination of the Parent-Child Relationship of: R.A.B. (Minor Child) and Z.T.B. (Mother) & R.W.B. (Father) v. The Indiana Department of Child Services (NFP)
02A03-1306-JT-234
Juvenile. Affirms termination of parental rights.
Tyrone Shelton v. State of Indiana (NFP)
71A04-1308-CR-387
Criminal. Affirms conviction of Class B felony serious violent felon in possession of a firearm.
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 Jan. 23, 2014
Indiana Court of Appeals
A.J.R. v. State of Indiana
46A03-1306-JV-243
Juvenile. Holds that the juvenile court did not abuse its discretion by admitting the officer’s testimony, and the evidence is sufficient to prove A.J.R. shot two cattle and to sustain his adjudications for criminal mischief. However, concluding A.J.R.’s actions did not constitute mutilation or torture of an animal, the court reverses his adjudications for cruelty to an animal.
Judges reverse possession of meth, paraphernalia convictions
In a consolidated appeal, the Indiana Court of Appeals reversed a Huntington County man’s convictions and sentences for possession of methamphetamine and paraphernalia, ruling the trial court abused its discretion in admitting evidence purportedly seized in violation of the Fourth Amendment.
COA: Teen who shot cows did not mutilate or torture them
The Indiana Court of Appeals Thursday reversed a teenager’s adjudications for cruelty to an animal after finding the evidence was not sufficient to prove he mutilated or tortured either cow he shot.
COA: Insurers have no duty to defend in environmental case
The Indiana Court of Appeals reversed the decision by an Indiana court relying on Maryland law that granted summary judgment and defense costs to a business whose product led to perchlorate contamination in California and Indiana.
Same-sex marriage amendment passes committee
Members of the House Elections and Appropriations Committee passed the proposed amendment banning same-sex marriage in Indiana’s Constitution Wednesday, as well as an accompanying bill that clarifies the impact of the amendment on heterosexual couples. Both move to the House of Representatives for a vote, which is what Speaker Brian Bosma, R-Indianapolis, wanted when he reassigned the legislation to the Elections Committee after it stalled in the Judiciary Committee. The IBJ.com has more.
Court upholds suppression of mentally ill man’s confession
Citing an inadequate Miranda warning and the mental illness a murder suspect has, the Indiana Court of Appeals affirmed the grant of the defendant’s motion to suppress confessions that he murdered two women.
Pre-settlement lenders say rate cap could doom industry
Representatives of businesses that provide pre-settlement funding to plaintiffs said they would be forced out of Indiana by a proposal to cap their returns at 25 percent, after which a House committee advanced a bill that would do just that.
Lifeline Law expansion clears Senate committee
Indiana’s Lifeline Law that provides immunity for minors who report dangerous underage intoxication would expand to cover reporting of any medical crisis, sexual assault or crime if a bill that cleared a Senate committee Wednesday is enacted.
Opinions Jan. 22, 2014 ILD
Indiana Court of Appeals
Antoine Duff v. State of Indiana (NFP)
49A02-1306-CR-503
Criminal. Affirms 16-year sentence, with 10 years executed and six years suspended, for Class B felony battery.
Anthony Barnett v. State of Indiana (NFP)
22A01-1302-PC-84
Post conviction. Affirms denial of petition for post-conviction relief.
Zachary Buza v. State of Indiana (NFP)
61A05-1304-CR-149
Criminal. Affirms convictions of Class A felony attempted murder, Class B felony attempted aggravated battery, two counts of Class C felony criminal recklessness and Class A misdemeanor battery resulting in bodily injury.
Michael E. Mattingly v. Review Board of the Indiana Department of Workforce Development, and Meijer Stores Limited Partnership (NFP)
93A02-1304-EX-383
Agency action. Affirms denial of unemployment benefits.
Bruce Jones v. State of Indiana (NFP)
49A02-1304-CR-363
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
In the Matter of the Termination of the Parent-Child Relationship of B.B. and B.B. (Minor Children), A.S. (Mother) v. The Indiana Department of Child Services (NFP)
49A02-1305-JT-431
Juvenile. Affirms denial of mother’s motion for relief from judgment following termination of parental rights.
Michael T. Smith v. State of Indiana (NFP)
49A04-1304-CR-172
Criminal. Affirms conviction of Class C felony child molesting.
Challie A. Gray v. State of Indiana (NFP)
49A02-1306-CR-534
Criminal. Affirms murder conviction.
Antonio D. Johnson v. State of Indiana (NFP)
48A04-1305-CR-241
Criminal. Affirms revocation of probation.
Kevin Joseph Cherrone v. State of Indiana (NFP)
71A03-1305-CR-187
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Tabitha Edwards v. State of Indiana (NFP)
29A02-1305-CR-444
Criminal. Affirms convictions of Class A misdemeanor operating a vehicle while intoxicated endangering a person and Class D felony operating a vehicle while intoxicated with a prior within five years.
Justin Kyle Loy v. State of Indiana (NFP)
48A04-1303-CR-148
Criminal. Affirms order revoking probation.
J.F. v. State of Indiana (NFP)
49A04-1305-JV-247
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class D felony theft if committed by an adult.
Reginald Binion v. State of Indiana (NFP)
45A05-1304-CR-177
Criminal. Affirms 15-year sentence following guilty plea to Class B felony attempted armed robbery.
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 Jan. 22, 2014
Indiana Court of Appeals
Antoine Duff v. State of Indiana (NFP)
49A02-1306-CR-503
Criminal. Affirms 16-year sentence, with 10 years executed and six years suspended, for Class B felony battery.
IndyBar releases judicial candidate survey results
A Marion County Superior judge currently suspended pending final disciplinary action was overwhelmingly not recommended by her peers to be re-elected, according to a survey released by the Indianapolis Bar Association’s Judicial Excellence Committee.
Bosma moves HJR3 to new committee, citing need to vote
Speaker of the House of Representatives Brian Bosma Tuesday moved House Joint Resolution 3, which would ban same-sex marriage through Indiana’s Constitution, and related House Bill 1153 from the House Judiciary Committee to the Elections and Apportionment Committee. The move led Democrats to accuse the speaker of “changing the rules in the middle of the game.”