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An ethics panel cleared House Speaker Pro Tem Eric Turner of wrongdoing Wednesday for fighting a measure that would have cost him millions of dollars, but it urged lawmakers to strengthen the disclosure rules for public officials. The IBJ has more on the panel’s decision.
Blogger Daniel Brewington’s convictions for intimidating Dearborn Circuit Judge James Humphrey and obstruction of justice were upheld by the Indiana Supreme Court Thursday, but under different reasoning than the Indiana Court of Appeals applied.
The southern Indiana school corporation that facilitated renovations of its warehouse through an agreement with a local public school endowment organization violated Indiana Public Bidding Laws, the Indiana Supreme Court ruled Thursday. The justices rejected taxpayers’ claims that the process also constituted a violation of the Antitrust Law.
The 2014 Law Day theme looks at the right to vote and why every vote matters. Law Day – celebrated May 1 – was started to mark the nation’s commitment to the rule of law.
The Indiana Supreme Court Thursday affirmed multiple convictions of a southern Indiana man who threatened a judge through inflammatory posts on a blog.
Because a company hired to provide water remediation services for a homeowner did not comply with the Indiana Home Improvement Contract Act, it is not entitled to recover attorney fees on its complaint against the homeowner after he didn’t pay the full amount billed.
Indiana Court of Appeals
Clarenda Love v. Bruce Love (NFP)
32A01-1311-DR-504
Domestic relation. Affirms division of marital property.
Claricea D. Muse v. State of Indiana (NFP)
33A04-1309-CR-472
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Kristin A. Houssain v. State of Indiana (NFP)
89A04-1307-CR-330
Criminal. Affirms on interlocutory appeal the denial of Houssain’s motion to dismiss her forgery and attempting to obtain a controlled substance by fraud charges.
Yosef M. Hajaji v. State of Indiana (NFP)
43A03-1310-CR-407
Criminal. Affirms aggregate three-year sentence for Class D felony domestic battery.
Eric Davis v. State of Indiana (NFP)
49A05-1308-CR-415
Criminal. Affirms convictions of Class D felony intimidation, Class B misdemeanor public intoxication and Class B misdemeanor disorderly conduct.
Dillon W. Grissell v. State of Indiana (NFP)
90A02-1308-CR-737
Criminal. Affirms two convictions of Class C felony burglary.
Neil Short v. State of Indiana (NFP)
32A04-1308-PC-422
Post conviction. Affirms denial of petition for post-conviction relief.
Shannon L. Simons v. State of Indiana (NFP)
07A05-1308-CR-436
Criminal. Affirms revocation of probation and order Simons serve 90 days of her previously suspended sentence.
Alan Ramsey v. State of Indiana (NFP)
71A03-1308-CR-341
Criminal. Affirms convictions of Class C felony child molesting and Class A felony child molesting.
Timothy E. Strowmatt v. Jennifer Smith, Matt Penticuff, Misty Cecil (NFP)
33A01-1310-PL-441
Civil plenary. Affirms dismissal of Strowmatt’s civil rights complaint.
T.W. v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1310-EX-871
Agency action. Reverses dismissal of T.W.’s appeal by the Review Board of the Indiana Department of Workforce Development.
Heath Burgess v. State of Indiana (NFP)
79A02-1309-CR-754
Criminal. Affirms aggregate five-year sentence following guilty plea to Class A misdemeanor operating a vehicle while intoxicated and admittance to being a habitual substance offender.
Robin (Bankert) Hall v. Robert H. Bankert (NFP)
06A01-1304-DR-186
Domestic relation. Affirms order disposing of the then-pending issues involving the allocation of extraordinary uninsured medical expenses, tax deductions and the treatment of gratuitous support in a post-dissolution proceeding.
Howard Wilson v. State of Indiana (NFP)
49A05-1308-CR-384
Criminal. Affirms conviction of Class A misdemeanor battery.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline Wednesday. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline Wednesday.
7th Circuit Court of Appeals
United States of America v. James V. Carroll
13-2600
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Criminal. Affirms denial of motion to suppress following Carroll’s guilty plea to one count of possession of child pornography and six counts of sexual exploitation of a child. The information in the detective’s affidavit was sufficient to establish fair probability that the computer or other digital storage devices within Carroll’s home would contain evidence of child pornography or exploitation of a child, despite the fact that the photographs were taken approximately five years earlier.
Because a man committed another crime while on probation, he failed to satisfy the obligations imposed as part of his sentence, so he did not qualify to have access to his conviction records restricted under Indiana Code 35-38-8, the Indiana Court of Appeals affirmed.
The Indiana Court of Appeals has reversed an order giving a father physical custody of his child. The child’s maternal grandparents had assumed guardianship of the child following the death of the child’s mother.
A former Gary high school student is entitled to $120,000 in damages following an attack in a hallway during school, the Indiana Court of Appeals ruled Wednesday. Gary Community School Corp. appealed the jury award.
Shortridge Magnet High School for Law & Public Policy will host a naturalization ceremony at 10 a.m. Thursday. Chief Judge James K. Coachys of the U.S. Bankruptcy Court for the Southern District of Indiana, will preside over the ceremony.
Partial summary judgment for the lessor was affirmed Wednesday by the Indiana Court of Appeals in a contract dispute involving an oil and gas lease of land in Sullivan County.
The Supreme Court of the United States in a 6-2 ruling Tuesday backed federally imposed limits on smokestack emissions that cross state lines and burden downwind areas with bad air from power plants they can't control. The IBJ has more on the major anti-pollution ruling.
Because the Indiana Court of Appeals cited three different mistrial standards in a man’s appeal of the denial of his motion for a mistrial, the Indiana Supreme Court took his case to clarify its precedent for trial courts to use to determine whether a mistrial is a cure for a jury taint.
The 7th Circuit Court of Appeals declined a defendant’s request to find the information used to execute a search warrant of his computer for child pornography stale because more time had passed in his case as compared to previous cases ruled on by the Circuit Court.
Indiana Court of Appeals
Damon L. Wallace v. Audra C. Wallace (NFP)
29A05-1308-DR-421
Domestic relation. Affirms order requiring Damon Wallace pay child support and arrearage.
Ronald A. Manley v. State of Indiana (NFP)
29A05-1306-CR-306
Criminal. Dismisses appeal of the denial of the pro se motion for modification of sentence.
In re the Adoption of E.M., a minor, R.G. v. R.M. (NFP)
45A04-1309-AD-438
Adoption. Affirms denial of stepfather’s petition to adopt E.M.
In the Matter of the Termination of the Parent-Child Relationship of C.W., minor child, and L.W., Mother, L.W. v. Indiana Department of Child Services (NFP)
79A04-1310-JT-510
Juvenile. Affirms the termination of parental rights.
Mark D. Webb v. State of Indiana (NFP)
03A01-1308-CR-349
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
In the Matter of the Termination of the Parent-Child Relationship of: N.H., A.I-H and P.I-H., Minor Children, A.I-H., Father v. Indiana Department of Child Services (NFP)
79A02-1310-JT-901
Juvenile. Affirms termination of parental rights.
Calumet Township Trustee v. Edward R. Hall (NFP)
45A03-1305-CC-197
Civil collection. Affirms summary judgment in favor of Hall on his mandamus action seeking to order the trustee to pay Hall for the work he performed as an attorney for the Calumet Township Advisory Board. Remands for a determination of reasonable attorney fees for Hall in both the prosecution of the mandamus and this appeal.
William P. Montgomery v. State of Indiana (NFP)
18A02-1309-CR-825
Criminal. Affirms two convictions of Class A felony dealing in methamphetamine and one conviction of Class B felony dealing in meth.
Willie Johnson v. State of Indiana (NFP)
49A02-1308-CR-726
Criminal. Affirms revocation of placement in community corrections and probation.
In re the Marriage of Laura Hyatt v. Charles Hyatt (NFP)
87A04-1309-DR-454
Domestic relation. Affirms denial of Laura Hyatt’s petition for visitation modification and finding her to be in contempt.
In the Matter of the Termination of the Parent-Child Relationship of: P.C., J.W., and K.W., Minor Children, S.C., Mother v. Indiana Department of Child Services (NFP)
42A01-1307-JT-319
Juvenile. Affirms termination of parental rights.
Derrick A. Hicks v. State of Indiana (NFP)
45A03-1307-CR-265
Criminal. Affirms 70-year sentence following guilty plea to Class A felony child molesting, Class B felony incest, Class B felony sexual misconduct with a minor, and finding he is a habitual offender.
Landon Shaw v. State of Indiana (NFP)
45A04-1303-CR-100
Criminal. Dismisses appeal of Shaw’s denial of motion for jail credit and good-time allowance.
Cary Lane Lawson v. State of Indiana (NFP)
34A02-1311-CR-990
Criminal. Affirms order Lawson serve the remainder of his suspended sentence after violating probation.
In the Matter of the Termination of the Parent-Child Relationship of L.W., J.W., M.T., L.P., C.L.Q., and C.Q. minor children, and L.W., Mother, L.W. v. Indiana Department of Child Services (NFP)
79A02-1308-JT-721
Juvenile. Affirms termination of parental rights.
Warren D. Bowen v. State of Indiana (NFP)
16A05-1309-CR-456
Criminal. Affirms denial of motion to suppress evidence.
In the Matter of the Termination of Parent-Child Relationship of Mi.S. & M.W. (Minor Children), and M.S. (Mother) v. The Indiana Department of Child Services (NFP)
49A05-1306-JT-282
Juvenile. Grants mother’s petition for rehearing for the sole purpose of granting her motion to strike Footnote 4 on Page 3 of the DCS’ appellate brief and the DCS’ citation to the “Child Welfare Manual” that was not considered in the resolution of her appeal. Affirms in all other respects.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Supreme Court
In the Matter of: Karl N. Truman
10S00-1401-DI-55
Attorney discipline. Issues a public reprimand for violation of Indiana Professional Conduct Rule 5.6(a) by making an employment agreement that restricted the rights of a former associate to practice after termination of the employment relationship. The court also accepted the parties’ stipulation that Truman violated Rule 1.4(b), failure to explain a matter to the extent reasonably necessary to permit client to make informed decisions regarding representation.
The Indiana Court of Appeals wanted to make a point “loud and clear” Tuesday: Suspicion of criminal activity is not an exception to the warrant requirement. The majority reversed a teen’s adjudication as a delinquent based on acts of illegal possession of alcohol, illegal consumption of alcohol, and aiding illegal consumption of alcohol.
The Indiana Supreme Court on Tuesday reinstated a conviction vacated by the Indiana Court of Appeals. The high court unanimously affirmed a conviction of Class C felony burglary with a habitual offender enhancement, finding a glove at the crime scene with the suspect’s DNA was sufficient for a jury to determine guilt.