Judge orders Indiana BMV to resume selling plates
The Indiana Bureau of Motor Vehicles must resume issuing personalized license plates, a Marion County judge ordered Wednesday, but that doesn't mean it'll happen in the near future.
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Epileptic man’s excessive force, wrongful arrest case proceeds
A man with epilepsy who claims Indianapolis police assaulted and falsely arrested him while he was having a seizure may proceed with numerous claims against the officers and the city, a federal judge ruled Wednesday.
Indiana county to make money off of bad drivers
A northwest Indiana county has agreed to sell court records to a data-mining company that plans to supply them to insurers who will use them to raise rates for bad drivers.
Opinions July 16, 2014 ILD
Indiana Court of Appeals
M.G. v. State of Indiana (NFP)
49A04-1311-JV-535
Juvenile. Affirms adjudication for committing what would be Class A misdemeanor possession of marijuana if committed by an adult.
Hubert Cook Mayhugh III v. State of Indiana (NFP)
82A01-1312-CR-531
Criminal. Affirms conviction of felony murder and reverses Mayhugh’s Class D felony theft conviction. Affirms 60-year sentence.
In the Matter of K.L., K.L., and K.G., C.L. v. Indiana Department of Child Services (NFP)
49A02-1310-JC-894
Juvenile. Affirms order adjudicating the three children as children in need of services.
Randell Lee v. State of Indiana (NFP)
31A01-1401-CR-10
Criminal. Affirms convictions of Class C felony neglect of a dependent and four counts of Class A misdemeanor cruelty to an animal.
Connie Hinsenkamp, Town of Seelyville Clerk-Treasurer v. Seelyville Town Council; Jerry Jones, Council President; Jerry Reynolds, Council Member; and John Wade, Council Member (NFP)
84A01-1309-CC-408
Civil collection. Affirms partial denial of Hinsenkamp’s motion for summary judgment on the issues of compensation, her authority to discharge a town employee and the forfeiture of town council positions.
Marvin Strong v. State of Indiana (NFP)
84A04-1401-CR-9
Criminal. Affirms revocation of placement in community corrections.
Ashley N. Lemon v. State of Indiana (NFP)
92A03-1310-CR-419
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.
Maurice Amos, Jr. v. State of Indiana (NFP)
27A02-1309-CR-840
Criminal. Affirms convictions of felony murder, Class A felony attempted murder and Class D felony receiving stolen auto parts, and finding Amos is a habitual offender.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions July 16, 2014
7th Circuit Court of Appeals
United States of America v. Martin J. Jonassen
13-1410
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Mood.
Criminal. Affirms convictions and sentence for kidnapping and obstruction of justice. The District Court properly declined to conduct a competency hearing. Although Jonassen asserted bizarre legal theories based on his claim of “sovereign citizenship,” that alone does not provide a reason to doubt his competence to stand trial, and the record does not otherwise suggest that he lacked the ability to understand the proceedings. The court’s evidentiary ruling was also sound. The government laid an ample foundation for admission of the hearsay statements under Rule 804(b)(6); the evidence established that Jonassen used bribery, guilt and various forms of psychological intimidation to procure his daughter’s unavailability. Finally, because he did not request Jencks Act material before the close of trial, his claim for relief under the Act necessarily fails.
‘Sovereign citizen’ convicted of kidnapping daughter loses appeal
The Kansas man who kidnapped his adult daughter and held her captive in northern Indiana had his convictions and sentence upheld by the 7th Circuit Court of Appeals Wednesday.
Judge: Outdated caselaw needs revised to handle Internet issues
A dissenting judge in an unfair competition case involving the near simultaneous registrations of the same Internet domain name urged the Indiana Legislature and Supreme Court to “usher Indiana into the technological realities of the 21st Century.”
1 same-sex marriage lawsuit remains in District Court
One challenge to Indiana’s same-sex marriage law remains in federal court and could, again, open a window for gay and lesbian couples in the state to get married, an attorney representing the plaintiffs in the case said.
Owner of Anderson location yanks suit against Motel 6
Owners of an Anderson hotel that has operated as a Motel 6 since its construction in 1974 – but soon won’t – withdrew a federal lawsuit Tuesday that claimed the national chain had not maintained the site “as a first class motel” required under its decades-old lease.
Judges uphold felony conviction for kicking cat
The Indiana Court of Appeals affirmed an Allen County man’s conviction of Class D felony torturing or mutilating a vertebrate animal, finding sufficient evidence that the man knowingly or intentionally mutilated a cat that somehow got into his house.
Interest rate charged by bank upheld by Court of Appeals
The Indiana Court of Appeals relied on a similar case out of Ohio to find that a bank did not exceed the agreed-upon interest rate of commercial borrowers by applying a 365/360 interest calculation method as some borrowers claimed in a class action.
Courts provide information about appellate judges up for retention
Voters looking to learn more about the four appellate judges up for retention on this year’s general election ballot can turn to a website designed by the Division of State Court Administration.
Grant applications for children, family projects due Aug. 14
The Indiana Court Improvement Program is accepting applications for projects designed to improve the well-being, safety and permanency of children and families involved in child in need of services and termination of parental rights proceedings.
Indiana sues county over I-69 noise ordinance
The Indiana Department of Transportation is suing the commissioners of a southern Indiana county, saying they have no authority to limit construction of the Interstate 69 extension near Bloomington with an ordinance that restricts overnight noise.
Opinions July 15, 2014 ILD
Indiana Court of Appeals
In the Matter of J.W., A Child in Need of Services J.W. (Minor Child), and M.K. (Mother), & D.W. (Father) v. The Indiana Department of Child Services (NFP)
49A04-1312-JC-593
Juvenile. Affirms in part and reverses in part, holding that a child in need of services finding was not error, nor was the trial court’s order that father complete a domestic violence assessment. But because there is no evidence father had a substance abuse problem, the court erred when it ordered him to submit to random drug testing.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of W.H., Minor Child, and His Mother, J.F., J.F. v. Indiana Department of Child Services (NFP)
79A02-1312-JT-1034
Juvenile. Affirms termination of parental rights.
Paul A. Croucher v. State of Indiana (NFP)
89A01-1401-CR-23
Criminal. Affirms in part, reverses in part 40-year aggregate sentence and convictions of Class A felony and Class C felony child molesting. The trial court did not abuse discretion in admitting certain evidence and there was no prosecutorial misconduct. Remands for the trial court to amend its sentencing order because the court abused its discretion in classifying Croucher as a credit-restricted felon.
Alan R. Kohlhaas, on behalf of himself and all others similarly situated v. Hidden Valley Lake Property Owners Association, Inc., and Robert A. Will, William Acra, Carl Adkins, et al. (NFP)
15A01-1308-PL-357
Civil plenary. Affirms grant of summary judgment in favor of Hidden Valley Lake Property Owners Association and other defendants.
Christopher Anderson v. State of Indiana (NFP)
49A04-1307-PC-340
Post conviction. Affirms denial of post-conviction relief for conviction of murder, intimidation and possession of a handgun without a license.
James E. Manley v. Monroe County Prosecutor (NFP)
53A01-1402-MI-65
Miscellaneous. Affirms trial court denial of Manley’s pro se “complaint for declaratory and injunctive relief/challenge to the constitutionality of Indiana statute” challenging his conviction of multiple counts of child molesting.
Brandon Hicks v. State of Indiana (NFP)
49A02-1308-CR-739
Criminal. Affirms aggregate 40-year sentence and conviction of Class B felony manslaughter and Class A misdemeanor possession of marijuana.
Cynthia Marx v. State of Indiana (NFP)
48A04-1311-CR-548
Criminal. Affirms revocation of probation and remands for correction of the sentencing order and abstract of judgment.
Brian Baxter v. State of Indiana (NFP)
49A05-1306-CR-285
Criminal. Affirms denial of Baxter’s motion to compel certain public agencies to produce public records relating to his convictions of three counts of murder, conspiracy to commit robbery, resisting law enforcement and carrying a handgun without a license.
James Washington v. State of Indiana (NFP)
10A05-1312-CR-626
Criminal. Affirms conviction of murder, reverses in part and remands. There was sufficient evidence to rebut Washington’s claim of self defense, his sentence was appropriate, but on the state’s cross-appeal, the panel determined the trial court erred by finding conviction of Class B felony robbery was a lesser included offense. Remands with instruction that Washington be resentenced with the additional robbery conviction.
Jerrimica T. Madding v. State of Indiana (NFP)
18A04-1312-CR-608
Criminal. Affirms revocation of probation.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Admission of video and recorded statements did not violate Sixth Amendment
The defendant in a drug trial was unable to convince the Indiana Court of Appeals that his constitutional right to confront a witness was violated when the confidential informant did not testify at trial.
Opinions July 15, 2014
Indiana Court of Appeals
Antonio L. Vaughn v. State of Indiana
84A01-1302-CR-57
Criminal. Affirmed Vaughn’s conviction and 40-year aggregate sentence for two counts of dealing in cocaine, each as a Class A felony, and one count of maintaining a common nuisance, a Class D felony. Finds the trial court did not abuse its discretion in admitting evidence of the controlled buys, statements of the confidential information and the cocaine. Also finds the trial court did not abuse its discretion in instructing the jury. Rules the evidence was sufficient to support Vaughn’s convictions. Holds the trial court did not abuse its discretion when it sentenced Vaughn but it made a clerical error on the sentencing order. Remanded to the trial court to correct error to reflect that Vaughn was sentenced for maintaining a common nuisance conviction to three years, not three-and-a-half years.
Court rejects automatic change in custody for moving mom
A mother will not automatically lose custody of one of her children if she chooses to relocate to Texas, the Indiana Court of Appeals held Tuesday, reversing in part a trial court order in favor of the child’s presumptive father.
Ex-HHGregg manager’s lawsuit grows into class-action
A lawsuit brought by a former HHGregg Inc. manager charging that the company failed to pay incentive bonuses has been granted class-action status by a Marion Superior Court judge.