Judges reduce restitution award stemming from correctional officer attack
A partial permanent impairment settlement cannot be considered by a trial court when imposing restitution, the Indiana Court of Appeals held Tuesday.
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7th Circuit: Man’s offense level for selling gun was properly increased
The 7th Circuit Court of Appeals Monday affirmed the 60-month sentence imposed on a convicted felon prohibited from possessing a gun who sold the weapon to a man who was also prohibited from possessing a gun. The judges held that the District Court properly increased Darnell Jackson’s offense level because he committed separate offenses.
Court affirms CHINS finding of child abandoned by parents
The Indiana Court of Appeals rejected arguments by parents that their son should have been found to be a child in need of services under Indiana Code 31-34-1-6 because he substantially endangers his own health or the health of his family members. The appellate judges affirmed the CHINS finding under I.C. 31-34-1-1 that the parents had abandoned the child once he was placed in an emergency shelter.
Official declines to rule out airport location for Criminal Justice Complex
Marion Superior judges Monday heard an update on a proposed Criminal Justice Complex, and one asked if “we can put to rest” speculation that the courts and jail would move to a site at Indianapolis International Airport.
Opinions Feb. 3, 2014 ILD
Indiana Court of Appeals
William Rinehart v. State of Indiana (NFP)
49A05-1305-CR-236
Criminal. Reverses conviction of Class C felony possession of a handgun without a license.
Jessie L. Johnston v. State of Indiana (NFP)
02A05-1308-CR-395
Criminal. Affirms convictions of two counts of Class A felony child molesting, one count of Class C felony child molesting, and two counts of Class A misdemeanor contributing to the delinquency of a minor.
Joshua S. F. Nelson v. State of Indiana (NFP)
73A01-1304-CR-178
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine, Class B felony dealing in a narcotic drug, and Class A misdemeanor resisting law enforcement.
Sandra M. Pasquale v. Thomas M. Pasquale (NFP)
09A04-1304-DR-169
Domestic relation. Affirms post-dissolution order that restricted Sandra Pasquale’s parenting time.
Eugene Selvidge and Ann Selvidge v. Second Harvest Food Bank of East Central Indiana, Inc. and Selective Insurance Company of South Carolina (NFP)
18A02-1307-CT-627
Civil tort. Affirms summary judgment in favor of Selective Insurance Co. of South Carolina and the finding that there was no underinsured motorist or medical payment coverage available to the Selvidges.
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 Feb. 3, 2014
Indiana Court of Appeals
William Rinehart v. State of Indiana (NFP)
49A05-1305-CR-236
Criminal. Reverses conviction of Class C felony possession of a handgun without a license.
Civil case filing now all electronic in Northern District
Beginning Monday, all new civil cases filed by counsel will be filed electronically in CM/ECF, the U.S. District Court for the Northern District of Indiana has announced. Electronic filing will become mandatory as of Feb. 24.
Disability, religious-freedom claims clash at Indiana Supreme Court
An argument over dinner has taken on First Amendment religious-freedom and disability-protection dimensions before the Indiana Supreme Court.
Opinions Jan. 31, 2014 ILD
Indiana Court of Appeals
Rashard Ranson v. State of Indiana (NFP)
49A04-1307-CR-329
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Christopher Wood v. State of Indiana (NFP)
33A01-1310-MI-430
Miscellaneous. Affirms denial of habeas corpus petition alleging that Wood was erroneously denied 49 days of presentencing credit time.
Rolando Guzman v. State of Indiana (NFP)
02A04-1309-CR-474
Criminal. Affirms sentence following guilty plea to Class D felony domestic battery.
Joshua Gillespie v. State of Indiana (NFP)
27A02-1304-CR-374
Criminal. Affirms convictions of Class B felony burglary and Class C felony robbery.
Matthew Dante Bennett v. State of Indiana (NFP)
18A02-1306-CR-515
Criminal. Affirms convictions of Class B felony aggravated battery, Class B felony armed robbery and Class D felony auto theft.
Donald A. Wood v. State of Indiana (NFP)
15A01-1306-CR-288
Criminal. Affirms order revoking probation and order that Wood serve six years of his previously suspended sentence.
Sharniece Crump v. Claystone at the Crossing (NFP)
79A02-1308-SC-674
Small claim. Affirms small claims court’s decision to uphold the eviction of Crump.
Christian D. Reyes v. State of Indiana (NFP)
57A03-1305-CR-176
Criminal. Affirms sentence for Class B felony burglary.
Juan Q. Beamon v. State of Indiana (NFP)
49A02-1307-CR-599
Crimimal. Affirms sentence for Class C felony sexual misconduct with a minor and adjudication as a habitual offender.
Cameron Mayfield v. State of Indiana (NFP)
49A02-1306-CR-500
Criminal. Affirms conviction of Class C felony battery on a pregnant woman.
A.S.B. v. State of Indiana (NFP)
29A02-1307-JV-665
Juvenile. Affirms modification of dispositional decree.
Marcus Jones v. State of Indiana (NFP)
48A04-1305-CR-251
Criminal. Affirms revocation of probation.
T.G. v. State of Indiana
49A05-1305-JV-238
Juvenile. Affirms adjudication that T.G. committed what would be Class C felony child molesting if committed by an adult. The evidence is sufficient and the statute is not unconstitutionally vague as applied to him.
Marcus Minor v. State of Indiana (NFP)
49A05-1306-CR-301
Criminal. Vacates conviction for Class A misdemeanor resisting law enforcement.
Nathan Allen Kline v. State of Indiana (NFP)
35A02-1307-CR-573
Criminal. Vacates conviction and sentence for Class D felony operating an illegal drug lab. Affirms Kline was not denied effective assistance of trial counsel and affirms conviction and sentence for Class B felony dealing in methamphetamine.
In Re: The Marriage of Mikiko Hige v. Christopher L. Glick (NFP)
79A02-1303-DR-274
Domestic relation. Affirms dissolution of marriage.
In the Matter of the Term. of the Parent-Child Rel. of Mi.S. & M.W. (Minor Children), and M.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
49A05-1306-JT-282
Juvenile tort. Affirms termination of parental rights to two of mother’s six children.
Allan Kirkley v. State of Indiana (NFP)
28A04-1307-CR-362
Criminal. Affirms conviction and sentence for two counts of Class C felony child molesting.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions Jan. 31, 2014
7th Circuit Court of Appeals
United States of America v. Timothy L. Richards
12-3763
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms convictions of possession of a controlled substance with intent to distribute, maintaining a residence or place for the purpose of using and distributing controlled substances, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. There was no error in allowing the government to introduce seized evidence, finding Richards’ 86-year-old uncle had authority to consent to a search of the bedroom where Richards stayed.
Marion County judges may tour other cities’ unified justice complexes
Marion Superior judges may soon visit cities having centralized justice centers to tour those facilities as Indianapolis and county officials move forward with plans for a Criminal Justice Complex.
Indiana Legal Services’ case load likely to increase with additional federal dollars
After watching its federal appropriation sink to $4.7 million during the economic downturn, Indiana Legal Services is set to receive a boost in funding for the 2014 calendar year.
Survey says a majority of chief legal officers are happy with their jobs
A survey released Wednesday by the Association of Corporate Counsel found that 85 percent of chief legal officers are satisfied with their current role and level of responsibility within their companies, a four percent increase as compared to last year.
Marion County Small Claims bill may be headed for study committee
Legislation that would require Marion County Small Claims judges to select among themselves an administrative judge to carry out the duties currently performed by the Marion Circuit judge passed the Senate Judiciary Committee Wednesday. The committee also is asking for a study committee to look at Small Claims court administration.
Evidence doesn’t show couple knew of mold when selling home
The Indiana Court of Appeals affirmed rulings in favor of the sellers of a home which later was found to contain mold. The buyers sued, claiming the sellers knew of the mold at the time of the sale, but the judges found the evidence shows otherwise.
Court affirms 86-year-old uncle could consent to search
The 7th Circuit Court of Appeals rejected a defendant’s argument that his elderly uncle was a confused old man who was out of touch with reality and, therefore, unable to consent to a search of his home when police showed up looking to serve an arrest warrant. The search led to the arrest of the grandson on drug and weapons charges.
Arguments rejected in juvenile molestation appeal
An 11-year-old boy adjudicated delinquent for acts that would be Class B and Class C felony child molesting if committed by an adult failed to persuade a Court of Appeals panel Friday that statutes as applied to him are unconstitutionally vague and the evidence didn’t support a true finding.
7th Circuit vacates child porn supervised-release condition
The 7th Circuit Court of Appeals vacated a sentence for possession of child pornography Thursday that it ruled imposed an unconstitutionally vague condition of supervised release. The court affirmed, in the case, convictions of attempting to distribute heroin and illegal possession of a firearm.
Opinions Jan. 30, 2014 ILD
Indiana Court of Appeals
Edward Lee Matthys v. State of Indiana (NFP)
79A02-1303-CR-217
Criminal. Affirms termination from county re-entry court program and placement in the Department of Correction.
Lincolnshire Healthcare Operations Company, LLC, Lincolnshire Healthcare Center, Inc., and Tender Loving Care Management, Inc. v. The Estate of Dora Berry, by Personal Representative Rita Claxton (NFP)
45A05-1306-CT-276
Civil tort. Reverses denial of Lincolnshire’s motion to compel arbitration. Remands for further proceedings.
In the Matter of the Adoption of T.G.: D.G. v. M.C. (NFP)
89A04-1305-AD-260
Adoption. Affirms order that father’s consent to adoption was not required.
Derrick Barbour v. State of Indiana (NFP)
32A01-1304-CR-144
Criminal. Affirms conviction of Class A misdemeanor operating a motor vehicle with a BAC greater than or equal to 0.15 and an infraction for driving with a suspended license.
Joseph K. Buelna v. State of Indiana (NFP)
20A04-1305-CR-223
Criminal. Affirms conviction and sentence for Class A felony manufacturing methamphetamine.
John Wallace v. State of Indiana (NFP)
49A02-1306-CR-524
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
John McLaughlin v. State of Indiana (NFP)
49A05-1305-CR-245
Criminal. Affirms denial of motion to suppress.
In the Matter of the Civil Commitment of T.K. v. Department of Veterans Affairs, Richard L. Roudebush VA Medical Center (NFP)
49A02-1310-MH-878
Mental health. Affirms involuntary commitment to the VA Medical Center.
John Kryza v. State of Indiana (NFP)
64A05-1305-CR-239
Criminal. Affirms convictions of Class C misdemeanor OWI with an alcohol concentration equivalent of at least 0.08 grams but less than 0.15 grams of alcohol and Class C misdemeanor OWI.
Casey M. Jordan v. State of Indiana (NFP)
02A04-1307-CR-355
Criminal. Affirms sentence for conviction for indirect contempt of court arising from the violation of a no-contact order.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Jan. 30, 2014
Indiana Court of Appeals
In Re: The Matter of C.L., a Delinquent v. State of Indiana
05A04-1306-JV-319
Juvenile. Reverses adjudication that C.L. is delinquent for committing what would be Class A misdemeanor intimidation if committed by an adult. It was not established that C.L. committed intimidation for a prior lawful act. The evidence established that the alleged threats C.L. directed toward his grandfather were aimed at influencing future conduct, rather that in retaliation for past conduct. Judge Najam dissents.