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Court affirms woman is ‘gravely disabled’ requiring involuntary commitment
The Indiana Court of Appeals declined to reweigh the evidence used to find a woman needed to be involuntarily committed because she was gravely disabled after claiming she was bitten by poisonous spiders in her home for the fourth time.
Majority finds man entrapped to patronize prostitute
The Indiana Court of Appeals reversed a misdemeanor conviction for patronizing a prostitute, with two judges ruling the state was unable to rebut the man’s entrapment defense by showing he had a history of trying to buy sex.
Attorneys donate $50,000 and 8,100 pounds of food to fight hunger
Lawyers in Indiana and Kentucky stepped up to the challenge and donated nearly $50,000 and more than 8,100 pounds of food during this year’s March Against Hunger food drive.
Supreme Court considering reducing timeframe for filing transcripts in appeals
The Indiana Supreme Court Committee on Rules of Practice and Procedure wants to hear from the legal community and general public on a proposed amendment that would shorten the time court reporters have to file their transcripts.
IU Maurer co-creates academy to study Chinese law
Indiana University Maurer School of Law and China University of Political Science and Law have signed a cooperation agreement establishing a new Academy for the Study of Chinese Law and Comparative Judicial Systems.
Opinions May 22, 2014 ILD
Indiana Court of Appeals
Darren L. Sivley v. State of Indiana (NFP)
02A03-1310-CR-399
Criminal. Affirms conviction of Class D felony residential entry.
Jeremy Riffert v. State of Indiana (NFP)
15A01-1310-CR-460
Criminal. Affirms 800-day sentence following guilty plea to Class D felony operating a vehicle as a habitual traffic violator.
William A. Parks v. State of Indiana (NFP)
79A04-1305-CR-259
Criminal. Affirms sentence for dealing in methamphetamine as a Class A felony.
Sylvester Smith v. State of Indiana (NFP)
45A03-1310-CR-402
Criminal. Affirms convictions of three counts of Class D felony criminal recklessness.
In the Matter of the Termination of the Parent-Child Relationship of: J.S. (Minor Child), and T.S. (Father) v. The Indiana Department of Child Services (NFP)
82A01-1309-JT-405
Juvenile. Affirms order terminating father’s parental rights.
In the Matter of the Termination of the Parent-Child Relationship of: E.M.D., E.D., and S.D., (Minor Children), and S.D., (Father) v. The Indiana Department of Child Services (NFP)
45A03-1310-JT-394
Juvenile. Affirms termination of father’s parental rights.
Jerry L. Siers v. State of Indiana (NFP)
85A02-1310-CR-888
Criminal. Affirms convictions of two counts of Class A felony child molesting, one count of Class C felony child molesting and four counts of Class A misdemeanor tattooing a minor.
Larry Powell v. Vanessa Powell (NFP)
03A04-1308-DR-399
Domestic relation. Affirms division of assets in the dissolution of the Powells’ marriage.
David W. Reed v. Jennifer Reed (NFP)
82A01-1309-DR-411
Domestic relation. Affirms award of primary physical custody of the two minor sons to mother.
Thomas H. Fuller, III v. State of Indiana (NFP)
84A01-1307-CR-336
Criminal. Affirms order Fuller serve his entire previously suspended sentence following a violation of terms of work release.
Megan M. Hatzell v. Tyler A. Hatzell (NFP)
38A02-1309-DR-820
Domestic relation. Affirms custody modification order granting temporary custody of three minor daughters to their father.
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 May 22, 2014
Indiana Court of Appeals
Yellowbook Inc. f/k/a Yellow Book Sales and Distribution Company, Inc. v. Central Indiana Cooling and Heating, Inc. and Lawrence E. Stone a/k/a Larry Stone
30A05-1311-CC-561
Civil collection. Affirms in part, reverses in part and remands with instructions. The trial court erred when it concluded that Yellow Book failed to credit certain Central Indiana Cooling and Heating payments under Contracts 1 and 2; Contract 3 was induced by fraud and is rescinded; and Yellow Book is entitled to pre-judgment interest and reasonable attorney fees for amounts owed under Contracts 1 and 2.
Judges reverse woman’s resisting law enforcement conviction
Opening a police officer’s car door and refusing to place one’s feet inside the car are not acts constituting forcible resistance, the Indiana Court of Appeals ruled Thursday. The judges reversed a Miami County woman’s conviction of resisting law enforcement.
Prosecutor’s comments on defendant not testifying don’t require reversal
The Indiana Court of Appeals, in addressing a defendant’s claims of prosecutorial misconduct, found that any misconduct committed was a harmless error and does not require criminal deviate conduct and sexual battery convictions to be overturned.
Seizure of man’s clothing from hospital not unconstitutional
A detective’s seizure of a bag of clothing worn by a man who was shot – and later considered a suspect in a murder – and the admission of that clothing into evidence did not violate the man’s federal or state constitutional rights, the Indiana Court of Appeals concluded Thursday.
COA rules Marion County had exclusive jurisdiction over custody of boy
The Indiana Court of Appeals reversed an order out of Montgomery County regarding custody and parenting time of a boy because that court could not properly exercise jurisdiction. Marion County had exclusive jurisdiction over the custody of the boy.
Kentucky ruling prevents Indiana court from addressing claim
Because the principles of full faith and credit required a Clark Circuit court to consider the judgments of a Kentucky court involving the default of promissory notes on property in Kentucky and Indiana, there was no error by the Indiana court in granting a bank the right to foreclose.
COA finds Yellow Book ad contract induced by fraud
A heating and cooling company does not owe Yellow Book for a contract it tried to break after finding the publication didn’t change the terms of the contract as promised, the Indiana Court of Appeals held. But, the heating and cooling company is on the hook for two other contracts it had that it failed to fully pay.
State courts to adopt e-filing in 2015
Indiana courts will switch to electronic filing beginning next year, according to an order issued Thursday by the Indiana Supreme Court.
Opinions May 21, 2014 ILD
Indiana Court of Appeals
Jeremy Lyn Davis v. State of Indiana (NFP)
48A02-1307-CR-670
Criminal. Affirms seven-year sentence for Class C felony battery by means of a deadly weapon.
Brice L. Webb v. State of Indiana (NFP)
71A05-1305-CR-263
Criminal. Affirms murder conviction.
Brandan L. Martin v. State of Indiana (NFP)
52A02-1311-CR-966
Criminal. Affirms four-year sentence for Class D felony possession of marijuana and Class A misdemeanor battery.
Tina Cox v. State of Indiana (NFP)
49A04-1309-CR-447
Criminal. Affirms conviction of Class D felony possession of methamphetamine.
In the Matter of: J.J., F.J., J.O., & C.O., Minor Children, and M.O., Mother v. The Indiana Department of Child Services (NFP)
06A01-1310-JC-479
Juvenile. Affirms determination that the four children are children in need of services.
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 May 21, 2014
Indiana Court of Appeals
Jacob Herron v. State of Indiana
56A03-1306-CR-210
Criminal. Reverses convictions of Class B felony burglary and Class D felony receiving stolen property. The jury may have relied on the impeachment evidence as substantive evidence in this case. Remands for retrial, if the state chooses. Judge Riley dissents in part, finding enough circumstantial evidence to convict Herron.
Judges reverse convictions based on use of witness’s statement
Because the state called a witness solely to impeach her with a pretrial statement, and the jury may have relied on the witness’s testimony to convict the defendant, a majority on the Indiana Court of Appeals reversed burglary and receiving stolen property convictions.
Camm defense attorneys to discuss forensic evidence
Richard Kammen and Stacy Uliana, who defended David Camm against charges of murdering his wife and two children, will join the former state trooper at Indiana University Robert H. McKinney School of Law Friday to discuss the role of forensic evidence in his case.
Lucas Oil vendor not entitled to summary judgment in dram shop case
It should be up to the trial court or a jury to determine whether a vendor in Lucas Oil Stadium in Indianapolis should be held responsible for serving alcohol to a man who later hit two children while driving home after a game.