Adoptive parent likens DCS to deadbeat parents
A woman who adopted three special-needs foster children said Monday the state’s failure to provided promised adoption subsidies made the Department of Child Services “basically deadbeat parents.”
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Opinions June 30, 2014 ILD
Indiana Court of Appeals
Anissa L. Tyler v. State of Indiana (NFP)
48A04-1309-PC-428
Post conviction. Reverses denial of post-conviction relief; vacates convictions of murder and Class A felony aiding, inducing or causing robbery; and remands for retrial, finding the court erred in determining that Tyler received effective assistance of counsel.
Doaa I. Ebrahim v. Essam Otefi (NFP)
76A03-1309-DR-368
Domestic. Affirms denial of Ebrahim’s motion for relief from judgment from the trial court’s dissolution of marriage decree.
Darcel Edwards v. State of Indiana (NFP)
49A04-1311-CR-578
Criminal. Affirms placement split between Department of Correction and work release on an eight-year sentence for conviction of Class B felony dealing in cocaine.
Cheryl Rodriguez v. Sourthern Dunes Golf, LLC (NFP)
49A02-1307-PL-639
Civil plenary. Affirms judgment in favor of Southern Dunes.
Bernard A. Burrell v. State of Indiana (NFP)
45A03-1311-CR-431
Criminal. Affirms 12-year sentence for conviction of Class B felony dealing cocaine.
Katherine Fraze v. Floyd County Health Department, and City of New Albany and Animal Control (NFP)
22A04-1402-CC-62
Collection. Affirms trial court denial of motion to correct error in favor of the city limiting the number of dogs Fraze could keep on her property.
Anthony Ray Willoughby v. State of Indiana (NFP)
49A04-1307-PC-375
Post conviction. Affirms denial of post-conviction relief.
In re: The Visitation of W.G.R. (Minor Child) M.W.R., Father v. K.G. and D.G., Maternal Grandparents (NFP)
78A01-1312-MI-540
Miscellaneous. Remands order for grandparent visitation for findings of fact and conclusions of law.
Chad Thomas Gates v. Shannon Leigh Gates (NFP)
83A05-1401-DR-26
Domestic. Affirms trial court denial of father’s petition to modify custody.
Ralph Dennis Gabriel, Jr. v. State of Indiana (NFP)
45A04-1311-CR-585
Criminal. Affirms 14-year sentence for conviction of Class B felony burglary.
Robert Birk v. State of Indiana (NFP)
49A02-1310-CR-897
Criminal. Affirms convictions of Class D felony possession of a narcotic drug and Class A misdemeanor driving while suspended.
James Pello v. State of Indiana (NFP)
20A03-1312-PC-488
Post conviction. Affirms denial of post-conviction relief.
Walter L. Logan v. State of Indiana (NFP)
34A04-1311-CR-581
Criminal. Affirms 28-year aggregate sentence of Class C felony reckless homicide and Class B felony possession of cocaine.
Tyrone R. McGee v. State of Indiana (NFP)
15A05-1311-CR-575
Criminal. Affirms revocation of probation.
Stephan Gallagher v. State of Indiana (NFP)
15A05-1301-PC-12
Post conviction. Affirms denial of post-conviction relief.
Brandon Scroggin v. State of Indiana (NFP)
64A04-1306-CR-312
Criminal. Dismisses as untimely Scroggin’s appeal of convictions of Class C felony receiving stolen auto parts, Class D felony counts of arson and intimidation, and Class A misdemeanor criminal mischief.
Diamond Staples v. State of Indiana (NFP)
48A04-1403-CR-118
Criminal. Affirms revocation of probation.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday. 7th Circuit Court of Appeals issued no Indiana opnions by IL deadline.
Opinions June 30, 2014
Indiana Supreme Court
Keion Gaddie v. State of Indiana
49S02-1312-CR-789.
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement, holding that I.C. 35-44.1-3-1(a)(3), the statute defining the offense of resisting law enforcement by fleeing after being ordered to stop, must be construed to require that a law enforcement officer’s order to stop be based on reasonable suspicion or probable cause. On that basis, there was insufficient evidence against Gaddie to support the conviction.
Evansville’s Rudolph Fine merges with Jackson Kelly
A 20-lawyer firm in Evansville announced its merger with one of the nation’s 250 largest law firms effective July 1.
SCOTUS rules public union can’t make nonmembers pay fees
The Supreme Court dealt a blow to public sector unions Monday, ruling that thousands of home health care workers in Illinois cannot be required to pay fees that help cover the union's costs of collective bargaining.
Justices: Some employers don’t have to cover birth control
The Supreme Court ruled Monday that some corporations can hold religious objections that allow them to opt out of the new health law requirement that they cover contraceptives for women.
Justice argues majority opinion does not give clear guidance going forward
The Indiana Supreme Court by a vote of 3-2 upheld a man’s Class B misdemeanor public intoxication conviction, with the dissenting justices concerned that the majority opinion “muddies the judicial water.”
Dam dispute rightly decided, Court of Appeals rules
An Owen County property owner who sued a neighbor over the enlargement of a dam that he said shed water onto his property received no relief at the Indiana Court of Appeals on Monday.
COA vacates murder conviction for ineffective assistance
A woman convicted of a 2006 murder received ineffective assistance of counsel and is entitled to a retrial, the Indiana Court of Appeals ruled Monday, vacating a murder conviction.
Same-sex couple facing terminal illness files emergency motion with 7th Circuit
The couple who won an initial battle to have their same-sex marriage recognized – a case that foreshadowed the overturning of Indiana’s marriage law last week – is now fighting the emergency stay granted June 27 by the 7th Circuit Court of Appeals.
Plea agreement did not give court ability to impose restrictive probation
A trial court went too far when it accepted a plea agreement then imposed a one-year term in work release as a condition of probation, the Indiana Supreme Court ruled.
Justices reverse resisting conviction for man who walked from police
A man who walked away from police after they ordered him to stop was wrongly convicted of resisting law enforcement, the Indiana Supreme Court held Friday in one of two cases that reviewed the statute.
Court puts Indiana gay marriage ruling on hold
A federal appeals court on Friday put on hold a judge's order striking down Indiana's gay marriage ban, bringing same-sex marriages to a halt and leaving those who've already tied the knot in legal limbo.
Virginia statute of limitations holds in Evansville radio purchase
Nearly identical provisions in business agreements meant a media owner had to file his complaint against another communications company by the statute of limitations deadline in Virginia, not in Indiana.
Opinions June 27, 2014 ILD
Indiana Court of Appeals
J.W. v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1311-EX-1003
Agency action. Affirms dismissal of request for unemployment benefits.
Edward D. Bagshaw v. State of Indiana (NFP)
10A01-1305-CR-236
Criminal. Affirms conviction of murder and 65-year sentence.
Joseph D. Reed v. State of Indiana (NFP)
49A02-1310-CR-883
Criminal. Affirms revocation of probation and remands to modify the abstract of judgment to reflect the trial court’s stated reasons for revocation.
Jeffrey Allen Gosney, Jr. v. Teri Gosney (NFP)
53A01-1310-DR-452
Domestic relation. Affirmed in part, reversed in part and remanded with instructions to reconcile inconsistent orders regarding father’s parenting time.
Richard R. Hogshire v. Ursula Hoover (NFP)
06A01-1309-DR-402
Domestic relation. Affirms in part, reverses in part and remands, finding the trial court erred in ordering Hogshire to pay $750 a week in maintenance to Hoover and to pay outstanding and future fees to an expert witness hired to valuate his businesses.
Charles Swift v. State of Indiana (NFP)
48A04-1309-CR-471
Criminal. Affirms 20-year executed sentence and convictions of Class B felony robbery and Class C felony robbery.
Clifford Mosley v. State of Indiana (NFP)
49A02-1311-CR-983
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.
Indiana Tax Court issued no opinions by IL deadline Friday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions June 27, 2014
Indiana Supreme Court
South Shore Baseball, LLC d/b/a Gary South Shore RailCats and Northwest Sports Venture, LLC v. Juanita DeJesus
45S03-1308-CT-531
Civil tort. Reverses trial court denial of a motion for summary judgment to the Railcats defendants in a case brought by a fan injured by a foul ball hit into the stands at a minor-league baseball game. Holding the defendants are entitled to summary judgment, remands to the trial court to enter judgment accordingly.
Judges, prosecutor at odds over 12-hour rule for Indy arrestees
Marion Superior judges Friday delayed enacting a policy opposed by Prosecutor Terry Curry that would ensure major felony suspects a probable cause determination within 12 hours of arrest.
Justices end suit against Gary Railcats over foul-ball injury
A fan who suffered fractured facial bones and was blinded in one eye after she was struck by a foul ball at a Gary SouthShore Railcats baseball game may not proceed with a lawsuit against the team, the Indiana Supreme Court ruled Friday.
Reversal holds bank’s suit on repossessed vehicle filed too late
A pro se litigant won a reversal at the Indiana Court of Appeals Friday, which ruled a trial court erred when it ruled in favor of a bank seeking to collect after a vehicle repossession.
Judicial candidates warned about campaign content
Candidates for judicial office should not use photographs of courtrooms in their campaign materials, and only incumbent judges should be depicted in judicial robes in campaign ads, according to an advisory opinion from the Indiana Commission on Judicial Qualifications.