Symposium to look at neuroscience and the law
The Indiana Health Law Review Symposium March 28 will examine neuroscience and mental health law; child contact sports and concussions, and other topics at the daylong event.
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Complaint for unpaid car loan filed outside of statute of limitations
Because a company seeking to recover unpaid installments on a car loan filed its complaint outside of the four-year statute of limitations, the Indiana Court of Appeals affirmed the small claims judgment in favor of the car buyer.
7th Circuit reinstates case involving ‘anti-slating’ statute
The 7th Circuit Court of Appeals has reversed the dismissal of an unslated Marion County Democratic candidate’s lawsuit challenging the county election board’s reliance on the state’s “anti-slating” law to confiscate political flyers during the May 2012 primary election.
Judges order new trial for woman who withdrew, deposited cash from ATMs
In a split decision from the 7th Circuit Court of Appeals, the majority reversed a Russian woman’s conviction for violating a federal statute that prohibits structuring currency transactions in order to evade federal reporting requirements for transactions involving more than $10,000 in currency. The majority cited the prosecution’s questioning of the woman about past financial records as the reason for reversal.
Court gives Duke Energy go-ahead for rate increase
Duke Energy won approval from the Indiana Court of Appeals Wednesday to raise electricity rates to pay for its $3.5 billion Edwardsport coal-gasification power plant. The judges ruled unanimously against environmental and consumer groups that sought to overturn a 2012 settlement between Duke and state regulators that authorized a 16-percent increase in the monthly bills of 790,000 Indiana customers. IBJ.com has more on the ruling.
Father’s appeal dismissed as untimely
A Madison County father challenging the denial of his petition for change of custody did not timely file his appeal, so the Indiana Court of Appeals dismissed it.
Opinions March 19, 2014 ILD
Indiana Court of Appeals
Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, and Valley Watch, Inc. v. Duke Energy Indiana, Inc., Indiana Office of Utility Consumer Counselor, et al. (NFP)
93A02-1301-EX-76
Agency action. Affirms orders of the Indiana Utility Regulatory Commission related to power plant construction costs incurred by Duke Energy Indiana Inc. and a settlement agreement executed by Duke and other settling parties adopted as modified by the commission.
Meredith J. Rowley v. State of Indiana (NFP)
48A05-1307-CR-370
Criminal. Affirms revocation of home detention.
In Re the Guardianship of Anthony J. Panzica, Protected Person, Anthony J. Panzica v. Real Services, Inc. (NFP)
71A04-1309-GU-448
Guardianship. Affirms probate court’s approval of the final accounting that concerned various disbursements by Panzica’s temporary guardian to his wife for medical supplies and other expenses.
David D. Pike v. State of Indiana (NFP)
82A01-1307-CR-321
Criminal. Affirms convictions of Class A felony robbery resulting in serious bodily injury and Class B felony aggravated battery.
In the Matter of the Termination of the Parent-Child Relationship of: J.E. (Minor Child), and C.E. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1309-JT-749
Juvenile. Affirms termination of parental rights.
Justin Whitmore v. South Bend Public Transportation Corporation a/k/a TRANSPO (NFP)
71A03-1306-CT-242
Civil tort. Reverses summary judgment in favor of TRANSPO on Whitmore’s negligence complaint. Remands for further proceedings.
Andrew Whitmer v. State of Indiana (NFP)
71A04-1306-CR-318
Criminal. Affirms convictions of two counts of Class A felony child molesting, one count of Class C felony child molesting and one count of Class A felony attempted child molesting.
Mile Djuric v. Eggert Builders, Inc., and Matt Anderson d/b/a Anderson Plastering Co. (NFP)
45A03-1307-CT-275
Civil tort. Affirms summary judgment in favor of Eggert Builders in Djuric’s negligence action against Eggert.
In the Matter of the Termination of the Parent-Child Relationship of: Z.S., K.S., and M.W., (Minor Children), S.S. (Mother) v. The Indiana Department of Child Services (NFP)
82A04-1307-JT-412
Juvenile. Affirms termination of parental rights.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions March 19, 2014
Indiana Tax Court
Fraternal Order of Eagles #3988, Inc. v. Morgan County Property Tax Assessment Board of Appeals and Morgan County Assessor
49T10-1201-TA-4
Tax. Affirms board of tax review’s determination that the Fraternal Order of Eagles #3988 Inc. was not entitled to either a fraternal beneficiary association exemption or a charitable purposes exemption for the 2006 tax year.
Father’s appeal dismissed as untimely
A Madison County father challenging the denial of his petition for change of custody did not timely file his appeal, so the Indiana Court of Appeals dismissed it.
Court upholds denial of tax exemptions
The Indiana Tax Court Tuesday ruled that the state Board of Tax Review did not err when it determined a nonprofit in Mooresville was not entitled to either a fraternal beneficiary association exemption or a charitable purposes exemption for the 2006 tax year.
Judges reduce rapist’s sentence to 165 years
The Indiana Court of Appeals Wednesday slashed 105 years from a convicted rapist’s sentence, concluding the original 270-year sentence was far outside the norm for a single episode of conduct against a single victim.
Bisard trial costs Allen County nearly $26,000
The Allen County court that conducted the criminal trial of a former Indianapolis police officer accused of killing a man and injuring two others while driving intoxicated has totaled up how much Marion County owes it: $25,588.13.
Indianapolis pitches case for jail on former GM plant site
Indianapolis Mayor Greg Ballard’s office is pitching a proposed criminal-justice complex as an economic boon to near-west-side neighborhoods.
Indianapolis pitches case for jail on former GM plant site
Indianapolis Mayor Greg Ballard’s office is pitching a proposed criminal justice complex as an economic boon to near-west-side neighborhoods.
Opinions March 18, 2014 ILD
Indiana Court of Appeals
Filiberto Rivera v. State of Indiana (NFP)
82A04-1305-CR-264
Criminal. Affirms convictions and sentence for Class C felony burglary, Class D felony theft, and two counts of Class B misdemeanor criminal mischief.
Edgardo Jose Guido v. State of Indiana (NFP)
45A03-1307-CR-286
Criminal. Affirms conviction and sentence for Class B felony incest.
Shawn McWhorter v. State of Indiana (NFP)
73A01-1309-PC-375
Post conviction. Affirms denial of petition for post-conviction relief.
In the Matter of the Termination of the Parent-Child Relationship of: Bry.B. and B.B. (minor children) and A.B. (Mother) and M.B. (Father) v. Indiana Department of Child Services (NFP)
54A01-1310-JT-450
Juvenile. Affirms involuntary termination of parental rights.
Cecil Koger and Koger's, Inc. v. T&C, Inc., d/b/a I-70 Wrecker Service (NFP)
55A01-1305-CT-187
Civil tort. Affirms partial grant and partial denial of Koger’s motion for summary judgment on certain claims of T&C Inc. in its complaint for damages.
Ronnie D. Conley v. State of Indiana (NFP)
57A03-1308-CR-335
Criminal. Affirms convictions of two counts of Class B felony dealing in a Schedule I, II or III controlled substance.
Harold Weir v. Riverwalk Holdings, LTD (NFP)
18A02-1310-CC-853
Civil collection. Affirms summary judgment for Riverwalk Holdings in an action to collect an indebtedness arising from a credit card account assigned to Riverwalk.
Dennis Hankins v. State of Indiana (NFP)
30A01-1305-CR-234
Criminal. Affirms conviction of Class C felony attempted burglary.
Gayle Clark, Jr. v. State of Indiana (NFP)
76A05-1305-CR-261
Criminal. Affirms sentence for Class D felony possession of marijuana and Class A misdemeanor possession of paraphernalia.
Eric Lewis v. State of Indiana (NFP)
36A04-1309-CR-464
Criminal. Affirms five-year sentence for Class C felony nonsupport of a dependent child.
Robert Fultz v. State of Indiana (NFP)
71A03-1311-CR-437
Criminal. Affirms sentence following guilty plea to Class D felony theft and admittance to being a habitual offender.
Henry Woods v. State of Indiana (NFP)
49A02-1308-CR-701
Criminal. Affirms order Woods pay $1,600 in restitution for damage to Bianca Cunningham’s vehicle.
In the Matter of the Termination of the Parent-Child Relationship of: C.O. (Minor Child) and T.E. (Mother) v. The Indiana Department of Child Services (NFP)
06A04-1307-JT-367
Juvenile. Affirms termination of parental rights.
Tony M. Castoreno, Jr. v. State of Indiana (NFP)
12A04-1306-CR-290
Criminal. Affirms convictions of Class C felony battery by means of a deadly weapon and Class A misdemeanor unlawful possession of a firearm by a domestic batterer.
Timothy R. Hartwell v. State of Indiana (NFP)
84A04-1304-CR-208
Criminal. Affirms finding of guilty but mentally ill of Class C felony criminal stalking.
Renee Berry, as Personal Representative of the Estate of Jeffery Berry, Deceased v. Duke Energy Indiana, Inc., d/b/a Duke Energy (NFP)
49A02-1306-CT-483
Civil tort. Affirms judgment in favor of Duke Energy Indiana on Berry’s complaint alleging negligence.
The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions March 18, 2014
Indiana Supreme Court
David S. Delagrange v. State of Indiana
49S04-1304-CR-249
Criminal. Affirms convictions of four counts of Class C felony attempted child exploitation, finding sufficient evidence supports them. The state did not need to show Delagrange actually succeeded in capturing images of uncovered genitals, just that he took a “substantial step” toward doing so.
Judges uphold revocation of counselor’s license
The Indiana Court of Appeals has affirmed the decision to revoke a mental health counselor’s license after she developed a personal attachment to a patient and ignored the patient’s request to leave her alone.
Judge believes caselaw has ‘unintended consequences’ for residents, law enforcement
In a divided opinion in which the Indiana Court of Appeals affirmed a man’s resisting law enforcement finding and probation revocation, Judge Paul Mathias worried that relying on certain caselaw would have “unintended consequences” for Hoosiers and police officers.
Brown v. Board of Ed plaintiff first Indiana Tech distinguished lecturer
Indiana Tech Law School’s inaugural distinguished lecturer is Cheryl Brown Henderson, one of the plaintiffs in the historic Supreme Court of the United States’ decision Brown v. Board of Education of Topeka, Kansas.
Convictions stand related to ‘upskirt’ photographs of teens
The Indiana Supreme Court has upheld the attempted child exploitation convictions of a man who used a camera to take pictures up females' skirts at an Indianapolis mall.