Partially bifurcating trial prevented prejudice
A defendant’s argument that he was prejudiced by a trial court’s decision to not fully bifurcate his murder trial failed in the Indiana Supreme Court.
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Opinions Nov. 13, 2013 ILD
Indiana Court of Appeals
Timothy W. Mackall, and Stephanie K. Mackall v. Cathedral Trustees, Inc., d/b/a Cathedral High School (NFP)
49A02-1304-CC-290
Civil collections. Affirms trial court award of $47,510 in attorney fees in favor of Cathedral.
In the Matter of E.B. (Minor Child), Child in Need of Services and R.K. (Mother) v. The Indiana Department of Child Services (NFP)
84A01-1303-JC-95
Juvenile. Affirms adjudication of E.B. as a child in need of services.
Billy Bulu Gercilus v. State of Indiana (NFP)
18A02-1303-CR-246
Criminal. Affirms conviction of two counts of Class D felony battery resulting in bodily injury and one count of Class A misdemeanor interfering with the reporting of a crime.
Tammy Price v. Review Board of the Indiana Department of Workforce Development and WC Fern Exposition Services(NFP)
93A02-1304-EX-369
Agency action. Affirms denial of unemployment benefits.
Zigfried Davis v. State of Indiana (NFP)
71A05-1303-CR-124
Criminal. Affirms conviction of Class D felony possession of cocaine.
Shaun A. Fry v. State of Indiana (NFP)
50A03-1305-CR-170
Criminal. Affirms in part and reverses in part convictions after a bench trial of Class D felony operating a vehicle while intoxicated endangering a person, Class A misdemeanor resisting law enforcement and Class C misdemeanor operating a vehicle without receiving a license. Vacates the felony conviction and remands for new trial because there is no evidence in the record that Fry knowingly, voluntarily and intelligently waived his right to a jury trial.
Brenda Painter v. State of Indiana (NFP)
48A02-1304-CR-346
Criminal. Affirms 22-year aggregate sentence for conviction of two counts of Class B felony dealing in methamphetamine.
Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline .
Opinions Nov. 13, 2013
Indiana Supreme Court
Julie Kitchell v. Ted Franklin, as the Mayor of the City of Logansport, and the Common Council of the City of Logansport
09S00-1307-PL-476
Civil plenary. Affirms trial court dismissal of a suit challenging the city’s planned public-private partnership to convert a coal-fired power plant to generate electricity by burning refuse. Justices held that the Indiana Public-Private Agreements statute does not require a local legislative body to adopt an enabling statute before it may issue requests for proposals or begin contract negotiations.
Justices affirm dismissal of Logansport power plant suit
Local units of government may engage in preliminary talks or solicit prospective public-private partners before those units of government have adopted legislation enabling such agreements, the Indiana Supreme Court ruled Wednesday in a challenge to Logansport’s efforts to overhaul a coal-burning power plant.
Sen. Landske diagnosed with lung cancer, will stay in office
Indiana State Sen. Sue Landske (R-Cedar Lake) announced Wednesday that she will undergo treatment for lung cancer but intends to continue to serve after almost 30 years in the Senate.
Possible improper use of risk assessment in sentencing not enough for remand
A man convicted of child molesting and incest will not get a chance to have his 99-year sentence reduced. The Indiana Court of Appeals ruled Wednesday that even though the trial court may have abused its discretion, the sentence was not inappropriate.
Justices affirm rejection of tendered jury instruction
Judges have wide discretion regarding when and whether to use tendered jury instructions, the Indiana Supreme Court ruled in affirming the conviction of a criminal defendant whose proffered instructions on defense of another were rejected.
Drug-dog sniff after traffic stop was rightly suppressed
A southern Indiana trial court rightly suppressed drug evidence gathered after a police drug-sniffing dog indicated the presence of meth in a van after a traffic stop.
Increased bail is abuse of discretion, panel rules
A trial court abused its discretion when it raised a defendant’s bail in a meth possession case, the Indiana Court of Appeals ruled Wednesday.
COA rules preliminary injunction wrongly extended noncompete agreement
In reviewing a dispute over the terms of a noncompete agreement, the Indiana Court of Appeals reminded the trial court that a preliminary injunction has limits.
Menard-Trump federal trial lays bare celebrity-endorsement business
Testimony in the first day of a trial in federal court over a contract dispute between Melania Trump, John Menard and Steve Hilbert also involved former Miss America Katie Stamm, the Kardashian sisters and the former manager of the Menards store in Avon. IBJ has the story.
Opinions Nov. 12, 2013 ILD
Indiana Court of Appeals
James Edward Banks, Jr. v. State of Indiana (NFP)
82A01-1301-CR-38
Criminal. Affirms denial of Banks’ motion to correct erroneous sentence.
Bill R. Clark v. State of Indiana (NFP)
20A03-1304-CR-160
Criminal. Affirms trial court’s order for Clark to pay restitution. Clark argued the court did not inquire about his ability to reimburse the state and his landlord for costs associated with cleaning up his meth lab. The COA rules the presentence investigation report indicated Clark would be able to pay and Clark told the trial court he had the means to pay.
Matthew Townsend v. Lyvonda Townsend (NFP)
31A04-1303-DR-133
Domestic relation. Affirms trial court’s decision to award sole legal and primary physical custody Townsend’s son, E.T., to the boy’s mother.
Derek Lee Morris v. State of Indiana (NFP)
49A02-1304-CR-367
Criminal. Affirms denial of Morris’ petition for educational credit time.
John R. Tyrrell v. State of Indiana (NFP)
29A02-1301-PC-11
Post conviction. Affirms post-conviction court’s denial of Tyrrell’s petition for post-conviction relief.
Larry Harris v. State of Indiana (NFP)
49A04-1211-CR-584
Criminal. Affirms 45-year sentence for one county of Class A felony child molesting.
Mitchell A. Barnes v. State of Indiana (NFP)
84A01-1304-CR-281
Criminal. Affirms aggregated nine-year sentence in exchange for pleading guilty to three counts of Class D felony theft.
The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Nov. 12, 2013
Indiana Court of Appeals
James Edward Banks, Jr. v. State of Indiana (NFP)
82A01-1301-CR-38
Criminal. Affirms denial of Banks’ motion to correct erroneous sentence.
Justices to hear convictions reversed due to prosecutor’s arguments
The case of a man whose two convictions of sexual misconduct with a minor were reversed on appeal because of a prosecutor’s overzealous arguments will go to the Indiana Supreme Court.
Judge rejects interlocutory appeal in Marion Superior judiciary challenge
A federal judge has denied the state of Indiana’s motion for an interlocutory appeal, signaling that a trial probably won’t be needed in a lawsuit challenging the constitutionality of how Marion Superior judges are elected.
Justices reject Spierer-obsessed man’s appeal of gun confiscation
The Indiana Supreme Court will not hear an appeal from a man whose 51 guns and ammunition were seized after authorities became alarmed by his behavior near the site where missing Indiana University student Lauren Spierer was last seen.
7th Circuit blocks Obamacare ‘contraception mandate’
Roman Catholic employers – including the owners of an Indiana company – won a Circuit Court ruling Friday blocking the “contraception mandate” contained in the Patient Protection and Affordable Care Act, commonly referred to as Obamacare.
Opinions Nov. 11, 2013 ILD
State and federal courts were closed Monday in observation of the Veterans Day holiday.
Opinions Nov. 11, 2013
7th Circuit Court of Appeals
William D. Grote III et al, v. Kathleen Sebelius, et al.
13-1077
Reverses and remands to the District Court for the Southern District of Indiana with orders to grant an injunction prohibiting enforcement of the “contraception mandate” of the Patient Protection and Affordable Care Act. The majority held that Grote Industries made a strong case for relief from the mandate under the Religious Freedom Restoration Act, but Judge Ilana Rovner warned that the panel was rewriting the law to extend rights of religion to a for-profit, secular corporation, thereby opening a host of federal regulations to religious challenges from corporation owners.
Allen County courts join forces to establish new veterans’ court
Allen County will gavel in its veterans’ court Nov. 12 and join a growing list of Indiana jurisdictions creating the problem-solving court especially to serve military veterans.