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Court video online raises call for blanket cellphone policy
Another recent incident of video streamed online that could compromise criminal courts has led judges in Marion County to consider a blanket policy restricting cellphone use in courtrooms.
City evaluating Criminal Justice Complex proposals
A representative of Indianapolis Mayor Greg Ballard told Marion Superior judges Friday that the site of a proposed Criminal Justice Complex is still under consideration, as is who might be considered to build the facility.
Opinions Feb. 21, 2014 ILD
Indiana Court of Appeals
In the Matter of: S.G. and M.H. (Minor Children), Children Alleged to be Children in Need of Services, and P.G. (Mother) v. Indiana Department of Child Services (NFP)
49A02-1307-JC-612
Juvenile. Affirms the judgment of the juvenile court. Finds the evidence was sufficient to support the Children in Need of Services adjudication.
Tommy Dawson v. State of Indiana (NFP)
49A02-1307-CR-584
Criminal. Affirms conviction of battery resulting in bodily injury, a Class A misdemeanor.
Timothy W. Woolum, Sr. v. State of Indiana (NFP)
48A02-1306-CR-560
Criminal. Affirms trial court’s revocation of Woolum’s probation and order that he serve the remainder of his suspended sentence in the Indiana Department of Correction.
Ronrico J. Hatch v. Kathleen Brita (NFP)
02A05-1307-SC-374
Small claim. Affirms dismissal on grounds that the limitation period had passed.
Don Rudd v. Adam Compton (NFP)
29A04-1306-PL-294
Civil plenary. Affirms denial of Rudd’s motion to correct error. Finds the trial court did not err in ordering Rudd to compensate Adam Compton for $24,684.29 in damages to his RV.
Patrick M. McVady v. Rebecka R. Pickett-McVady (NFP)
91A02-1308-DR-675
Domestic relation. Affirms denial of Patrick McVady’s request to modify his court-ordered life insurance payments and reduce his child support payments.
John C. Oosta v. State of Indiana (NFP)
20A03-1307-CR-251
Criminal. Affirms Oosta’s conviction of two counts of child molesting, both Class C felonies, and his aggregate 12-year sentence.
The Indiana Supreme Court and the Indiana Tax Court released no opinions by IL deadline. The 7th Circuit Court of Appeals released no Indiana opinions by IL deadline.
Opinions Feb. 21, 2014
Indiana Court of Appeals
In the Matter of: TLC, a Child Alleged to be a Delinquent Child v. State of Indiana
60A01-1308-JV-377
Juvenile. Affirms commitment of TLC to the Indiana Department of Correction. Finds TLC did not receive unequal treatment and his due process rights were not violated. Rules that the juvenile court had an adequate factual basis to conclude that TLC was guilty of what would be the crime of resisting law enforcement, a Class A misdemeanor, if committed by an adult. Concludes the state sufficiently proved that TLC committed what would have been battery, a Class B misdemeanor, had it been committed by an adult.
Pence selects attorneys to fill IURC slots
Two attorneys with experience serving the Indiana Utility Regulatory Commission have been appointed to the commission by Gov. Mike Pence.
Unequal protection and due process claims fail because juvenile was not sentenced
The Indiana Court of Appeals rejected a teenager’s claim of unequal treatment and violation of his due process rights because he incorrectly referred to the juvenile court’s disposition order as a sentence.
Judge lets second suit alleging BMV overcharges proceed
Indiana Bureau of Motor Vehicles must answer a second complaint alleging the agency overcharged Hoosiers millions of dollars on almost 30 types of licenses or registrations, a judge ruled Wednesday.
Judge strikes Bloomington smoke-detector ordinance; similar measure pends in Indy
A judge’s recent ruling that struck a Bloomington ordinance requiring hard-wired smoke detectors in rental properties comes as the Indianapolis City-County Council considers raising the requirements for all dwellings in Marion County.
Opinions Feb. 20, 2014 ILD
Indiana Court of Appeals
Kevin Hoskins v. State of Indiana (NFP)
49A02-1307-CR-566
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class C felony possession of cocaine.
Clyde Williams, Jr. v. State of Indiana (NFP)
27A04-1305-CR-253
Criminal. Affirms conviction of Class D felony operating a motor vehicle while privileges are suspended.
Inner Circle Properties, LLC v. George Lease (NFP)
35A02-1309-SC-764
Small claim. Reverses award of $180 in attorney fees and collection costs against Lease and remands for order that Inner Circle receive $371.86 in collection attorney fees that Lease agreed to pay.
In the Matter of the Termination of the Parent-Child Relationship of: P.M., M.F.E., and E.T., T.T. (Mother) and B.T. (Father of E.T.) v. The Indiana Department of Child Services (NFP)
40A01-1306-JT-275
Juvenile. Affirms termination of parental rights.
Andre L. Garrett v. State of Indiana (NFP)
71A03-1305-PC-199
Post conviction. Affirms denial of petition for post-conviction relief.
C.C. v. Review Board of the Indiana Department of Workforce Development and Wal-Mart Associates (NFP)
93A02-1304-EX-375
Agency action. Affirms determination C.C. is ineligible for unemployment compensation benefits.
Marcus Buba v. State of Indiana (NFP)
10A01-1306-CR-287
Criminal. Affirms denial of motion to reduce bond to zero.
Juan Concepcion v. State of Indiana (NFP)
49A02-1306-CR-557
Criminal. Affirms convictions of Class A misdemeanor operating while intoxicated and Class C misdemeanor operating with a blood-alcohol content greater than 0.08 percent.
Stephen M. Coil v. Review Board of the Indiana Department of Workforce Development, International Truck & Engine Group, TALX UCExpress, Inc. (NFP)
93A02-1309-EX-747
Agency action. Reverses determination Coil is ineligible for unemployment benefits.
Bruce Foster v. State of Indiana (NFP)
53A01-1301-CR-36
Criminal. Affirms conviction and sentence for murder.
In Re the Matter of the Termination of the Parent-Child Relationship of L.T.W.B., Minor Child, and S.A.B., Mother, and H.L.B., Father, H.L.B., Father v. The Indiana Department of Child Services (NFP)
79A02-1307-JT-669
Juvenile. Affirms termination of parental rights.
Antonio Hughley, $3,861.00 in U.S. Currency and One (1) Buick, VIN# 4V37J7E133835 v. State of Indiana, The Consolidated City of Indianapolis/Marion County,et al. (NFP)
49A04-1307-MI-352
Miscellaneous. Affirms summary judgment for the state regarding forfeiture of cash.
Tanner Howard v. State of Indiana (NFP)
34A02-1304-CR-392
Criminal. Affirms denial of motion to dismiss.
Bobby Wine v. State of Indiana (NFP)
85A02-1307-CR-610
Criminal. Affirms in part four findings of contempt and reverses one finding. Remands for further proceedings.
David Hedgecraft v. State of Indiana (NFP)
48A05-1303-CR-141
Criminal. Affirms convictions of Class D felony maintaining a common nuisance and Class B felony dealing in methamphetamine.
Sarah Cartner v. State of Indiana (NFP)
49A04-1307-CR-332
Criminal. Affirms conviction of Class A misdemeanor battery.
Forest Lamar, Jr. v. State of Indiana (NFP)
71A03-1306-CR-208
Criminal. Affirms conviction and sentence for Class A felony attempted murder.
Fabrianne Cloud v. State of Indiana (NFP)
49A02-1309-CR-745
Criminal. Affirms conviction of Class D felony operation of a vehicle while suspended as a habitual traffic violator.
Katie L. Miller v. State of Indiana (NFP)
02A03-1306-CR-229
Criminal. Affirms convictions of Class C felony battery, Class A misdemeanor criminal recklessness and Class D felony failure to stop after an accident resulting in injury or death.
Charlie Hamby and Michael Zenk v. James Farmer (NFP)
33A01-1307-CT-325
Civil tort. Affirms denial of Hamby’s and Zenk’s motion for summary judgment against Farmer on inmate Farmer’s “notice of a lawsuit” resulting from a fall in the shower.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Feb. 20, 2014
Indiana Supreme Court
James T. Mitchell v. 10th and The Bypass, LLC and Elway, Inc.
53S01-1303-PL-222
Civil plenary. Evidence obtained after the entry of an order granting a motion for partial summary judgment may not form the basis for vacating that order on the grounds that a non-final order is subject to revision at any time before the entry of a final judgment. Also concludes that relief from judgment under Ind. Trial Rules is not limited only to final judgments.
Justices reconcile conflicting trial rules
In reversing an order granting a company’s motion to vacate partial summary judgment in an environmental cleanup lawsuit, the Indiana Supreme Court tackled the apparently conflicting Indiana Trial Rules 54(B) and 56(C).
No constitutional violations occurred when police entered home
A man’s federal and state constitutional rights were not violated when police officers entered his home without a warrant based on concerns an injured animal or person may be inside.
County surveyor not entitled to additional compensation, rules court
The Indiana Court of Appeals has denied the Gibson County surveyor’s claims that under statute, he is entitled to a higher salary and additional compensation for referencing corners in the county.
Troubled Clark County Drug Court suspended
Claims that drug court participants in Clark County were jailed for months without cause and subjected to unauthorized searches and arrests by drug court staff have led the Indiana Judicial Center to suspend the problem-solving court in Jeffersonville.
COA: Restrictive covenant is overly broad and unreasonable
The restrictive covenant a former employee of a high-end appliance sales company signed before leaving to join another high-end sales company is overly broad and unreasonable, the Indiana Court of Appeals affirmed Thursday.
Woman’s amended complaint is within limitations period
The Indiana Court of Appeals Thursday spurned a previous ruling from the court and instead looked to a Vermont case to decide that a woman’s amended complaint should not be dismissed for being outside the statute of limitations.
Opinions Feb. 19, 2014 ILD
Indiana Court of Appeals
David D. Kiely v. Kathryn Starnes-Kiely (NFP)
14A04-1307-DR-372
Domestic relation. Affirms division of marital estate equally.
Tyrone Wilbourn v. State of Indiana (NFP)
49A05-1306-CR-262
Criminal. Affirms conviction of possession of a firearm by a serious violent felon as a Class B felony.
Christena Seifried v. Dukes Health System, LLC, d/b/a Dukes Memorial Hospital (NFP)
49A02-1305-CT-435
Civil tort. Reverses summary judgment in favor of the hospital in Seifried’s action for personal injuries allegedly suffered as a result of her fall in the hospital.
Kenneth Davis v. State of Indiana (NFP)
49A02-1306-CR-535
Criminal. Reverse and remands with instructions to vacate Davis’ Class A misdemeanor battery conviction. Affirms conviction of Class A battery as a Class C felony.
Heriberto M. Andrade v. State of Indiana (NFP)
20A03-1307-CR-289
Criminal. Affirms convictions of Class A felony dealing in cocaine weighing three grams or more and two counts of Class B felony dealing in cocaine.
James Smith v. State of Indiana (NFP)
49A04-1306-CR-292
Criminal. Affirms convictions of Class C felonies possession of cocaine and a firearm, and possession of cocaine; and Class A misdemeanors possession of marijuana and carrying a handgun without being licensed. Remands to correct trial court records.
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. 19, 2014
Indiana Supreme Court
State of Indiana v. William Coats
49S02-1305-CR-328
Criminal. Remands to the trial court with an order to commit Coats to the Division of Mental Health and Addiction. I.C. 35-36-3-1(b) requires trial courts to commit defendants found not competent to stand trial to the DMHA for competency restoration services.
IBF accepting applications for $35,000 grant
The Indianapolis Bar Foundation is now accepting applications for its Impact Fund Grant, which is awarded to a nonprofit that seeks to make a significant positive impact in central Indiana.