Senate prepares for possible winter storm
With an impending winter storm taking aim at Indiana this weekend, the Indiana Senate passed a motion Thursday just in case session has to be cancelled Monday.
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Opinions Feb. 27, 2014 ILD
Indiana Court of Appeals
Kathy K. Brunner v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1307-EX-592
Agency action. Affirms denial of claim for unemployment benefits.
M.M. v. State of Indiana (NFP)
49A05-1307-JV-367
Juvenile. Affirms adjudication as a delinquent child for committing an act that would be Class A misdemeanor criminal mischief if committed by an adult.
Brad S. Brown v. State of Indiana (NFP)
90A02-1306-CR-485
Criminal. Reverses conviction of Class C felony robbery and affirms convictions of Class B felony robbery and Class D felony domestic battery.
Michael L. Wilson v. State of Indiana (NFP)
20A04-1109-CR-531
Criminal. Affirms conviction of Class B felony burglary and adjudication as a habitual offender.
Jose Ayala Cuevas v. State of Indiana (NFP)
29A04-1306-CR-298
Criminal. Affirms convictions of Class A misdemeanor criminal recklessness and Class B misdemeanor reckless driving.
Anna Marie Kelley v. State of Indiana (NFP)
27A05-1307-CR-333
Criminal. Affirms conviction and sentence for Class D felony auto theft.
David E. Matney v. State of Indiana (NFP)
55A01-1308-CR-372
Criminal. Affirms conviction of Class D felony auto theft.
David Burroughs v. State of Indiana (NFP)
49A04-1307-CR-360
Criminal. Affirms conviction of Class C felony burglary.
Paul Farrell v. Deborah Farrell (NFP)
40A01-1307-DR-305
Domestic relation. Affirms in part. Concludes that the trial court did not abuse its discretion in the calculation and distribution of the marital estate. Remands with instructions for the trial court to replace the joint and several liability language consistent with its intent that the medical debt be equally divided between the parties.
Johnny D. Wayt v. State of Indiana (NFP)
36A05-1307-PC-338
Post conviction. Affirms denial of petition for post-conviction relief.
In the Matter of the Civil Commitment of: E.G. v. Eskenazi Health Midtown Community Mental Health Center (NFP)
49A02-1308-MH-724
Mental health. Affirms order concluding that Midtown proved by clear and convincing evidence that E.G. was dangerous to others and ordering him to take his prescribed medications.
Rapkin Group, Inc., as a minority Member on behalf and for the benefit of The Eye Center Group, LLC and Surgicenter Group, LLC. v. L. Marshall Roch, M.D. and Lynnette M. Watkins, M.D. (NFP)
18A02-1302-CT-193
Civil tort. Affirms summary judgment in favor of Drs. Roch and Watkins in Rapkin’s claim for actual fraud, constructive fraud and breach of fiduciary duty.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions Feb. 27, 2014
7th Circuit Court of Appeals
United States of America v. John A. Peters III
12-3830
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Affirms denial of motion to suppress evidence discovered during the search of a car in which Peters was a passenger. The District Court committed no error in crediting the testimony of an experienced police officer who, after observing two cars traveling in tandem for a period of time, said he credibly believed that the trailing car was approximately 75 feet behind the lead car at a speed of approximately 60 miles-per-hour. If an officer knowing these facts could reasonably conclude that this combination of speed and distance violated Indiana law, that is all that is necessary to support probable cause.
7th Circuit affirms denial of motion to suppress search of car
The 7th Circuit Court of Appeals has upheld the denial of an automobile passenger’s motion to suppress evidence found in the car during a traffic stop, which led to his eventual pleading guilty to a heroin offense. The judges found no error by the District judge in crediting the testimony of the police officer who pulled the vehicle over because he believed the speed it was traveling and distance to the car in front of it violated Indiana law.
Judge orders Floyd County to pay Camm defense attorneys’ bills
The dispute over trial expenses between the attorneys representing David Camm and Floyd County came closer to a resolution Wednesday with Judge Jonathan Dartt ordering the county auditor to pay about $140,000.
Judges split over Fourth Amendment violation
Two of the three judges on an Indiana Court of Appeals panel affirmed the suppression of marijuana and a pipe found on a man during a traffic stop, with the dissenting judge believing there was no infringement on the man’s Fourth Amendment rights.
Mother’s appeal of termination of parental rights dismissed
The Indiana Court of Appeals has dismissed a mother’s appeal from the order terminating her parental rights to her twins, ruling she forfeited her right to appeal because she failed to file a timely notice of appeal.
Appellate court reinstates habitual traffic violator charge
Finding a trial court abused its discretion when it granted a man’s motion to dismiss a Class D felony operating a vehicle as a habitual traffic violator charge, the Indiana Court of Appeals reversed and ordered the charge reinstated.
Settlement of federal case requires Indianapolis police to revise procedure
As part of a settlement to a federal civil rights case, the Indianapolis Metropolitan Police Department will be instituting a new policy prohibiting police officers from interfering with civilians who are recording their actions.
Justices suspend David Wyser, former Brizzi deputy prosecutor
Former Marion County Deputy Prosecutor David Wyser, who pleaded guilty last year to bribery in a federal public-corruption probe, has been suspended from the practice of law.
Opinions Feb. 26, 2014 ILD
Indiana Court of Appeals
Robert D. Stephens, Ryan Moe, Thomas Theohary, and Law Enforcement Technologies, Inc. v. Brian A. Costa and Amy Costa (NFP)
71A04-1305-CT-242
Civil tort. Affirms judgment personally against Stephens for Brian Costa’s injury. Reverses denial of Theohary’s motion for relief of judgment as the trial court did not acquire personal jurisdiction over him. Remands for further proceedings as to Theohary because he has sufficient minimum contacts with Indiana.
Jacquelyn Webster Green, as personal representative of the estate of Mary A. Webster, deceased v. Housing Authority of the City of Gary, Indiana, et al. (NFP)
45A04-1307-CT-344
Civil tort. Affirms grant of motion to dismiss in favor of the Gary Housing Authority and other defendants.
Rita Thompson v. State of Indiana (NFP)
49A02-1305-CR-454
Criminal. Affirms conviction of Class D felony resisting law enforcement and finding Thompson is a habitual offender.
Dennis Powers v. State of Indiana (NFP)
61A04-1307-CR-356
Criminal. Affirms denial of motion to correct erroneous sentence.
In the Matter of the Termination of the Parent-Child Relationship of: L.C., Minor Child, R.C., Father v. Indiana Department of Child Services (NFP)
82A01-1307-JT-297
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 decisions by IL deadline.
Opinions Feb. 26, 2014
Indiana Court of Appeals
Robin Harper v. State of Indiana
49A04-1305-CR-222
Criminal. Reverses Harper’s Class A misdemeanor resisting law enforcement conviction. Officers Gillespie and Hartman unlawfully entered Harper’s residence, therefore, the officers were not engaged in the lawful execution of their duties at the time they arrested Harper and then attempted to remove her wedding ring in preparation for booking.
Elkhart attorney suspended for ‘lack of respect’ for clients and courts
The Indiana Supreme Court has suspended an Elkhart County attorney for at least two years after finding he committed numerous violations of the Indiana Professional Rules of Conduct, including throwing away client files that contained confidential information.
Bills heading to governor’s desk
As the legislative session heads toward its March 14 close, several bills have passed both houses and are on their way to Gov. Mike Pence for his signature.
Judges decline to find OWI statute unconstitutional
The Indiana Court of Appeals rejected a man’s claim that the statute proscribing the operation of a vehicle with a Schedule I or II controlled substance violates the Equal Privileges and Immunities Clause of the Indiana Constitution.
Officer’s ‘ruse’ to enter home leads to reversal of resisting conviction
A police officer who lied to a woman in order to gain entry into her home was not lawfully engaged in the execution of his duties, the Indiana Court of Appeals ruled Wednesday, so the judges reversed a woman’s resisting law enforcement conviction.
Mom and pop store can’t proceed pro se in Coach trademark lawsuit
The owners of a southern Indiana general store accused in a federal lawsuit of selling knockoff high-end Coach-brand products may not represent pro se their incorporated general store named in the suit.
Opinions Feb.25, 2014 ILD
Indiana Court of Appeals
John R. Pugsley v. State of Indiana (NFP)
05A02-1306-CR-517
Criminal. Affirms conviction of Class D felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia.
Derek A. Griffith v. State of Indiana (NFP)
89A01-1307-PC-300
Post conviction. Affirms denial of relief from convictions of Class C felony attempted burglary and finding of habitual offender.
Mark A. Petry v. State of Indiana (NFP)
63A01-1306-CR-279
Criminal. Affirms conviction of Class B felony criminal deviate conduct, Class D felony sexual battery and Class D felony criminal confinement.
James R. Willey v. State of Indiana (NFP)
06A05-1306-PC-268
Post conviction. Affirms in part and reverses in part denial of relief from convictions of felony murder and conspiracy to commit burglary, vacating a 50-year sentence on the latter charge because trial counsel failed to raise the argument that the convictions violated the prohibition against double jeopardy.
In Re the Visitation of L.W., D.W. v. G.W. and C.W. (NFP)
71A03-1308-JM-300
Juvenile. Dismisses as moot father D.W.’s appeal of a grandparent visitation order.
Angelo A. Liali v. Patsy Liali (NFP)
34A02-1307-DR-640
Affirms order denying Angelo Liali’s motion to modify college support obligation and affirms indirect contempt finding for refusal to pay.
Joshua Batchelor v. State of Indiana (NFP)
15A01-1305-CR-274
Criminal. Affirms order denying release of cash bond and money seized in a search of Batchelor’s home.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Feb. 25, 2014
Indiana Court of Appeals
James Kindred, Thomas Kindred, and Sam Kindred v. Betty Townsend and Harmon Crone
60A01-1304-PL-156
Civil plenary. Dismisses interlocutory appeal as untimely. Finds the arguments the Kindreds raised in appealing the denial of their motion to dissolve were based on information that was available when the trial court granted the preliminary injunction six months prior. Still, the COA notes it has ruled only that the Kindreds forfeited their right to an interlocutory appeal by failing to timely file. The Kindreds may yet attack the trial court’s interlocutory orders on appeal from the final judgment.
Killer’s 50-year conspiracy sentence vacated as double jeopardy
The sentence of a man convicted of killing his ex-wife was reduced by 50 years Tuesday when the Indiana Court of Appeals granted in part his petition for post-conviction relief.