Suit spawns liquor-distribution showdown
Indiana’s largest beer distributor is mounting the latest legal challenge to the state’s arcane, Prohibition-era liquor laws.
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Bloomington defends tough smoke-detector ordinance
The city of Bloomington argued in its defense of an ordinance requiring hard-wired smoke detectors in rental properties that Indiana law allows local rules to be tougher than state regulations. Bloomington property owners sued in July to block the smoke-detector ordinance after the city council passed the rule in November 2012 requiring rental property owners to install hard-wired smoke detectors by Dec. 31, 2018. Their suit argues that Bloomington's ordinance is ineffective and unenforceable because state law allows for multiple types of smoke detectors, while the city requirement would limit landlords to one type. IBJ.com has more on the lawsuit.
More than 300,000 Hoosiers apply for BMV refunds
More than 300,000 drivers have applied for refunds from the Indiana Bureau of Motor Vehicles since the agency agreed to settle a lawsuit accusing it of overcharging for driver's licenses. The website to file for those checks went live Dec. 15, and since then at least 304,000 people have made a refund request, BMV spokesman Josh Gillespie said.Cohen & Malad LLP brought the class-action suit in March 2013 accusing the state agency of overcharging for driver’s licenses. IBJ.com has more on the refunds.
Opinions Jan. 2, 2014 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Justice blocks start of health law’s ‘contraception mandate’
U.S. Supreme Court Justice Sonia Sotomayor late Tuesday blocked the implementation of the contraceptive coverage requirement under the Patient Protection and Affordable Care Act. The birth control coverage was set to go into effect Jan. 1. IBJ.com has more on Sotomayor’s decision.
Opinions Jan. 2, 2014
7th Circuit Court of Appeals
United States of America v. Phillip Rucker
13-1297
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Criminal. Affirms conviction of one count of wire fraud and sentence of 30 months imprisonment, one year of supervised release and $73,488.95 to be paid in restitution. In light of the admission of co-conspirator Sheila Chandler’s 11 prior convictions for wire fraud that were within the 10-year window, her 2000 conviction had very little probative value, if any. Thus, the District Court did not abuse its discretion in finding that the probative value of the remote conviction did not substantially outweigh the prejudicial effect of presenting cumulative evidence.
Judges: 11-year-old conviction had little probative value
The 7th Circuit Court of Appeals Tuesday affirmed the decision by the District Court in Hammond preventing a defendant from using an 11-year-old conviction to impeach a testifying co-defendant in a wire fraud case.
Hearing officer recommends 1-year suspension for Ogden
Indianapolis attorney and blogger Paul Ogden should receive a one-year suspension for email criticisms of a judge, the hearing officer in his disciplinary case has recommended to the Indiana Supreme Court. Ogden shows no sign of relenting in a matter he says is about attorneys’ free speech.
Shepard to moderate same-sex marriage debate
Retired Indiana Chief Justice Randall T. Shepard will moderate a debate at Franklin College Jan. 13 on the issue of same-sex marriage.
Opinions Dec. 31, 2013 ILD
Indiana Court of Appeals
Shawn L. Keesling v. State of Indiana (NFP)
34A02-1305-CR-540
Criminal. Affirms convictions of three counts of Class B felony robbery after pleading guilty but mentally ill. Remands for correction of sentencing order.
Marigold Overshiner and Earl Overshiner, Individually and as Parents and Guardians of their Minor Daughter, Kaitlyn Overshiner et al v. Anonymous Health Care Corp. et. al. (NFP)
67A01-1303-CT-110
Civil tort. Reverses dismissal with prejudice of the Overshiners’ medical malpractice action as they complied with the trial court order that they obtain new counsel within 90 days.
James Galloway v. State of Indiana (NFP)
82A05-1305-CR-260
Criminal. Affirms sentence for home improvement fraud: five counts as Class C felonies and three counts as Class D felonies, and being a habitual offender. Remands for the trial court to amend the abstract of judgment to show the habitual offender finding as an enhancement to Count I in Cause No. 1017.
Sophia Tompkins v. Kindred Nursing Centers, LLP, d/b/a Southwood Health and Rehabilitation Center (NFP)
84A05-1307-CT-348
Civil tort. Affirms summary judgment for Southwood on Tompkins’ complaint for damages after falling and injuring herself while getting out of bed.
James Kucholick v. State of Indiana (NFP)
34A05-1305-CR-255
Criminal. Affirms revocation of probation and order Kucholick serve his suspended sentences.
David R. McClure v. State of Indiana (NFP)
34A02-1306-CR-491
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.
Jerry Johnson v. State of Indiana (NFP)
33A01-1306-CR-266
Criminal. Affirms conviction of Class C felony battery resulting in serious bodily injury.
James R. Belcher, Sr. v. Sandra G. Belcher (NFP)
32A01-1305-DR-225
Domestic relation. Affirms trial court order removing a motorcycle from the marital estate and adjusting the disposition of other assets to bring the division of the marital assets back to a 50/50 division.
Willie Norman v. State of Indiana (NFP)
20A04-1305-PC-270
Post conviction. Affirms denial of petition for post-conviction relief.
Tyler Burton v. State of Indiana (NFP)
49A05-1306-CR-269
Criminal. Affirms conviction of Class D felony battery resulting in bodily injury on a child.
Micha Seymour v. State of Indiana (NFP)
49A05-1305-CR-218
Criminal. Affirms adjudication as a habitual offender.
Herman & Kittle Properties, Inc. v. G & G Construction Company of Indiana (NFP)
49A05-1304-PL-169
Civil plenary. Affirms denial of Herman & Kittle’s motion to dismiss a breach-of-contract claim against it.
Walter Rowley v. State of Indiana (NFP)
49A02-1305-CR-402
Criminal. Affirms imposition of $200 drug interdiction fee following Rowley’s guilty plea to Class D felony possession of a controlled substance and Class A misdemeanor driving while suspended.
Richard Wilson v. State of Indiana (NFP)
49A02-1304-CR-373
Criminal. Affirms conviction of Class A misdemeanor battery with bodily injury.
Edward L. Humes v. State of Indiana (NFP)
39A01-1305-CR-211
Criminal. Affirms sentence, which included an enhancement for being a habitual substance offender, imposed for Class D felony possession of cocaine and Class A misdemeanors possession of a synthetic cannabinoid and resisting law enforcement.
James Pigg v. State of Indiana (NFP)
34A02-1210-CR-838
Criminal. Affirms denial of motion to correct error, wherein Pigg moved for a change of judge following convictions of one count each of Class C and Class D felony battery.
Lightning Rod Mutual Insurance Company v. Todd A. Messner, an Incapacitated Adult, by his Permanent Co-Guardians and Next Friends, James A. Messner and Judith M. Messner (NFP)
20A03-1305-CT-188
Civil tort. Affirms trial court finding that the Messners’ policy with Lighting Rod Mutual Insurance Co. is ambiguous.
Jacob Stidham v. State of Indiana (NFP)
79A02-1211-CR-939
Criminal. Affirms trial court decision allowing the state to charge Stidham with Class B felony rape two days before his trial was to begin on other charges. Affirms convictions of rape and Class C felony confinement.
Richard Kozecar v. State of Indiana (NFP)
75A04-1306-CR-263
Criminal. Affirms conviction of Class D felony receiving stolen property.
In the Matter of the Termination of the Parent-Child Relationship of: K.W., Minor Child, C.C., Mother v. Indiana Department of Child Services (NFP)
49A02-1305-JT-468
Juvenile. Affirms involuntary termination of parental rights.
In the Matter of the Termination of the Parent-Child Relationship of: J.A. (Minor Child), and M.R. (Mother) v. The Indiana Department of Child Services (NFP)
53A01-1307-JT-306
Juvenile. Affirms termination of parental rights.
Anthony Eugene Fields v. State of Indiana (NFP)
50A05-1304-CR-186
Criminal. Affirms convictions and sentence for Class B felony dealing in methamphetamine, Class D felony possession of meth, Class D felony possession of precursors with intent to manufacture, Class D felony maintaining a common nuisance and Class A misdemeanor possession of paraphernalia.
Carolyn Bostick v. State of Indiana (NFP)
49A05-1305-CR-226
Criminal. Affirms conviction of Class D felony theft.
Megan Pierce v. State of Indiana (NFP)
64A03-1304-CR-151
Criminal. Affirms sentence following guilty plea to Class B felony burglary.
Tonya Williams v. State of Indiana (NFP)
79A04-1303-CR-151
Criminal. Affirms sentence for Class C felony operating a vehicle while driving privileges were forfeited for life.
Tyson A. Hudson v. State of Indiana (NFP)
02A03-1305-CR-178
Criminal. Affirms convictions of Class C felony battery on a pregnant woman and Class A misdemeanor domestic battery.
Billye D. Gaulden v. State of Indiana (NFP)
02A04-1212-CR-651
Criminal. Re-affirms conviction and sentence for Class B felony robbery.
Marteques L. Black v. State of Indiana (NFP)
02A04-1306-CR-276
Criminal. Affirms conviction of Class B felony burglary.
Harold Evans, Jr. v. State of Indiana (NFP)
17A04-1307-CR-338
Criminal. Affirms sentence imposed following guilty plea to Class C felony possession of methamphetamine.
Paul L. Mishler, Jr. v. State of Indiana (NFP)
20A03-1209-PC-405
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Supreme Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Dec. 31, 2013
7th Circuit Court of Appeals
Zachary Medlock v. Trustees of Indiana University, et al.
13-1900
Civil. Affirms summary judgment in favor of IU and other defendants, holding that a student inspection of a dorm room that found marijuana followed by a police search warrant in which the pot was seized was not a violation of the Fourth Amendment. Likewise, the process through which Medlock was suspended was not a denial of due process.
Man loses 2 appeals before Tax Court
A Carroll County man who owns agricultural property containing hog buildings couldn’t convince the Indiana Tax Court that the Indiana Board of Tax Review erred when it rejected four self-prepared analyses he offered as to what value his property should be assessed.
Appeals panel affirms denial of post-conviction relief
A man seeking relief from his 2006 conviction of Class A felony dealing cocaine failed to persuade a panel of the Court of Appeals Tuesday that his 48-year sentence should be reduced.
Amendment gives juveniles right to counsel
A child charged with a delinquent act will be entitled to be represented by an attorney, according to an order handed down this month by the Indiana Supreme Court. The order creates Rule 25 in the Indiana Rules of Criminal Procedure.
Fatal accident leads COA to examine boating statute
A boat operator’s appeal of his convictions stemming from a fatal accident on Lake Monroe in 2010 split the Indiana Court of Appeals as to whether I.C. 14-15-4-1 is unconstitutional as applied.
Torn Achilles tendon is not city’s fault, COA rules
A state statute providing immunity to municipalities for 20-year-old public work projects absolved a southern Indiana city from liability for an injury a man incurred when he stepped off a curb and into a sewer drain.
Panel dismisses contempt appeal as moot
A man held in contempt of court after a judge determined he threatened witnesses in his brother’s murder case had his appeal dismissed Tuesday.
New Castle denied appellate legal fees in frivolous suit
A New Castle couple doesn’t have to pay the city’s appellate legal fees in its appeal of a frivolous litigation ruling, but they still must pay New Castle’s legal bills for the trial court filing.
IU pot-suspension appeal ‘near frivolous,’ 7th Circuit rules
An Indiana University student’s appeal of his suspension after a large marijuana plant and other evidence of illegal drug use were discovered in his dorm room “is near frivolous,” a panel of the 7th Circuit Court of Appeals ruled.