Camm seeking damages for wrongful incarceration
David Camm, the former Indiana State Police officer who served 13 years in prison before being acquitted of murdering his wife and two young children, is striking back at those who accused him.
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Court hears arguments in same-sex marriage case
A same-sex couple fighting to have Indiana recognize their marriage returned to court Friday to convince a judge the state’s ban on same-sex marriage is unconstitutional.
Indianapolis Justice Center responses due by end of June
Three groups chosen to design proposals for a Criminal Justice Center on the former General Motors stamping plant site west of downtown Indianapolis will have until the end of June to submit their comments on the project, a city official said Friday. Development proposals are due in the fall.
Opinions May 2, 2014 ILD
Indiana Court of Appeals
Marc M. Lindsey v. State of Indiana (NFP)
43A03-1309-CR-361
Criminal. Affirms one-year executed sentence for conviction of Class D felony resisting law enforcement.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. 7th Circuit Court of Appeals issued no Indiana opinions Friday by IL deadline Friday.
Opinions May 2, 2014
U.S. 7th Circuit Court of Appeals
Sarah E. Frey, Kevin Enright and Protect Our Woods Inc. v. Environmental Protection Agency and Gina McCarthy, Administrator
13-2142
Civil. Affirms District Court rulings of summary judgment in favor of EPA and denial of motion for U.S. District Court Chief Judge Richard Young to disqualify himself based on prior rulings. Young correctly found plaintiffs’ motions were moot because a Bloomington PCB cleanup is ongoing, because plaintiffs are not prevailing parties or parties to the original consent decree, and as such they also are not entitled to attorney fees. Young’s decision not to disqualify himself did not deny plaintiffs due process.
Former GIPC chief faces forgery, theft counts
The former executive director of the Greater Indianapolis Progress Committee was charged Thursday with 26 counts of forgery and one count of theft for allegedly misappropriating more than $96,000 of the organization’s money.
Appeals panel reverses judgment favoring insurer
A trial court erred in granting summary judgment to an insurance company that argued a driver injured in a car crash could not collect on an underinsured motorist policy because she received payments from other sources in excess of her policy limits.
7th Circuit affirms rulings for EPA in Bloomington PCB cleanup
The 7th Circuit Court of Appeals Thursday turned away a citizen-led appeal of rulings favorable to the Environmental Protection Agency in an ongoing cleanup of a former Westinghouse Electric Corp. plant that polluted the Bloomington site with toxic PCBs.
Opinions May 1, 2014 ILD
Indiana Court of Appeals
Robert W. Evans v. State of Indiana (NFP)
79A04-1308-CR-386
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.
In re the Marriage of: John Lane v. Leisa Lane (NFP)
49A02-1308-DR-698
Domestic relation. Reverses denial of John Lane’s motion for relief from judgment. Lane may file a notice of appeal from the dissolution decree with the clerk of Court of Appeals within 30 days of this opinion being certified.
In the Matter of the Termination of the Parent-Child Relationship of: R.J.L.E. (Minor Child), and B.E. (Father) v. The Indiana Department of Child Services (NFP)
02A03-1311-JT-450
Juvenile. Affirms termination of parental rights.
In the Matter of the Termination of the Parent-Child Relationship of: S.T. (Minor Child), and R.M. (Father) v. The Indiana Department of Child Services (NFP)
82A01-1309-JT-396
Juvenile. Affirms termination of parental rights.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions May 1, 2014
Indiana Supreme Court
Alva Electric, Inc., Arc Construction Co., Inc., Danco Construction, Inc., Deig Bros. Lumber & Construction Co., Inc., et al. v. Evansville-Vanderburgh School Corporation and EVSC Foundation, Inc.
82S01-1307-PL-473
Civil plenary. Affirms summary judgment in favor of the defendants on the antitrust claim. Reverses summary judgment for the defendants on the issue of a public bidding violation. Holds the procedure employed by the school corporation to renovate one of its buildings violated Indiana’s Public Work Statute, but not the Antitrust Act. Remands with instructions to enter summary judgment in favor of the taxpayers who brought the lawsuit as well as a declaration that the transactions by the school corporation violated the Public Work Statute.
Ethics panel finds Turner didn’t violate rules
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.
Supreme Court draws distinctions in blogger Brewington case
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.
Justices find school corporation circumvented public bidding laws
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.
Law Day focuses on voting
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.
Blogger Brewington loses Supreme Court appeal over online threat
The Indiana Supreme Court Thursday affirmed multiple convictions of a southern Indiana man who threatened a judge through inflammatory posts on a blog.
Company that violated HICA not entitled to attorney fees
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.
Opinions April 30, 2014 ILD
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.
Opinions April 30, 2014
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.
COA: Man not entitled to have restricted access to OWI conviction
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.
Court orders hearing on child’s best interests
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.