Public access to death records gets Supreme Court review
A newspaper denied a request to obtain information in death records from a local health department will have an opportunity to make its case before the Indiana Supreme Court.
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Marion County courts closed Tuesday; state courts delayed
Marion County Circuit and Superior Courts in the Indianapolis City-County Building will be closed Tuesday in anticipation of dangerously cold weather. State court operations in Indianapolis, meanwhile, will delay opening until 10:30 a.m. Tuesday.
Opinions Jan. 27, 2014 ILD
Indiana Court of Appeals
Brandon McManomy v. State of Indiana (NFP)
65A01-1302-CR-62
Criminal. Affirms conviction of Class A felony attempted murder.
David D. Darr v. State of Indiana (NFP)
89A04-1307-CR-324
Criminal. Affirms conviction of Class D felony dealing in a sawed-off shotgun.
Daniel Lee Pierce v. State of Indiana (NFP)
78A05-1305-CR-211
Criminal. Reverses conviction on one count of Class A felony child molesting, four counts of Class C felony child molesting, and two counts of Class D felony child molesting, and remands for a new trial. Judge John Baker dissents and would not grant a new trial.
Ventriss R. Hulitt v. State of Indiana (NFP)
45A03-1302-CR-30
Criminal. Affirms conviction of Class A felony child molestation.
In Re: The Marriage of Terri L. Potter and Brent D. Potter: Terri L. Potter v. Brent D. Potter (NFP)
11A01-1304-DR-229
Domestic relation. Affirms denial of mother T.P.’s motion to correct error regarding property division and child support entered in a dissolution of marriage action.
Adam Sullender v. State of Indiana (NFP)
20A05-1308-CR-390
Criminal. Affirms denial of motion to correct erroneous sentence on a conviction of Class C felony battery resulting in serious bodily injury.
Lauren Hurse v. State of Indiana (NFP)
49A02-1307-CR-563
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.
Nita Trott-Fluty v. State of Indiana (NFP)
82A05-1306-CR-290
Criminal. Affirms conviction of Class D felony and Class A misdemeanor charges of resisting law enforcement and Class B misdemeanor disorderly conduct.
Larry Bobbitt v. State of Indiana (NFP)
71A03-1306-CR-221
Criminal. Affirms conviction of Class B felony burglary, Class D felony possession of marijuana, and the 20-year prison sentence.
Melba Deloris Polk-King v. Lawrence Delorosa King (NFP)
49A05-1305-DR-248
Domestic relation. Affirms in part, reverses in part, and remands for recalculation of child support obligations. Judge John Baker concurs in part and dissents in part and would remand to the trial court for written findings on why it deviated from the child support guidelines.
Clayton Morgan v. State of Indiana (NFP)
48A02-1306-CR-498
Criminal. Affirms revocation of probation.
Nancy Kriel v. Richard Kriel (NFP)
49A04-1304-DR-195
Domestic relation. Affirms trial court denial of Nancy Kriel’s request for an award of incapacity maintenance.
Jeffery Deaton v. State of Indiana (NFP)
79A02-1306-CR-519
Criminal. Affirms conviction and 13-year sentence for Class B felony possession of methamphetamine enhanced by his status as a habitual substance offender.
Laurence F. Myers, Jr. v. State of Indiana (NFP)
45A03-1306-CR-232
Criminal. Affirms 36-month sentence for conviction of Class D felony operating a vehicle as a habitual traffic violator.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions Monday by IL deadline.
Opinions Jan. 27, 2014
7th Circuit Court of Appeals
Annex Books Inc, et al. v. City of Indianapolis
13-1500.
Civil. Reverses District Court order upholding a city of Indianapolis ordinance limiting the hours of adult bookstores to 10 a.m. to midnight, Monday-Saturday. Remands to the District Court with instructions to enter injunction against enforcement of the closure ordinance. Finds that in light of prior Supreme Court jurisprudence, the city cannot restrict the distribution of material that might be objectionable but is not obscene. The city’s argument that the closure ordinance had reduced instances of armed robberies near the bookstore locations was “weak as a statistical matter,” the court ruled.
Automatic modification violates custody statute, COA rules
A trial court’s order automatically awarding custody of a minor child to the father was reversed by the Indiana Court of Appeals on the grounds the lower court’s decision violated the state’s custody modification statute.
Defendant entitled to cash bail refund under former statute
A pro se litigant convinced the Indiana Court of Appeals that he was entitled to a refund of a $250 cash bond. The COA reversed a Monroe Circuit order denying a motion for release of cash bond dating to 2003.
Appeals court affirms multiple sex-crimes, 100-year sentence
Multiple convictions were upheld Monday against a man who had threatened, confined and sexually assaulted three Indianapolis women he picked up after offering them money for sex.
COA vacates sex-abuse confinement conviction as double jeopardy
The Indiana Court of Appeals on Monday vacated a conviction of Class C felony criminal confinement for a man also convicted of Class B felony criminal deviate conduct, finding the lesser conviction resulted in double jeopardy.
Erroneous instruction on accomplice liability not enough to get conviction overturned
The Indiana Court of Appeals has split on whether erroneous jury instruction was a harmless error or gave the jurors another base for finding a defendant guilty of attempted murder.
Bill proposes modest Marion County small claims reforms
Modest reforms to the derided Marion County township small claims courts are proposed in a bill scheduled to get a committee hearing Wednesday.
7th Circuit bars Indianapolis’ hour limits on adult bookstores
The 7th Circuit Court of Appeals in Chicago has tossed an Indianapolis ordinance limiting the business hours of adult bookstores from 10 a.m. to midnight Monday through Saturday.
IndyBar takes public position against marriage amendment
Backed by the results of a membership survey, the Indianapolis Bar Association has announced its opposition to the marriage amendment being debated at the Statehouse.
Supreme Court extends audio-video transcript pilot project
A pilot project in three Indiana courts that replaces written transcripts with audio/video camera recordings has been extended and expanded because two of the three courts haven’t generated the anticipated number of appeals necessary to evaluate the system.
COA Judge Riley to chair access to civil legal services panel
Court of Appeals Judge Patricia Riley has been appointed to chair the Commission to Expand Access to Civil Legal Services created last year by order of the Indiana Supreme Court.
Opinions Jan. 24, 2014 ILD
Indiana Court of Appeals
Roberta Himes v. Bruce Thompson (NFP)
71A05-1305-CT-210
Civil. Affirms jury damages verdict of $13,600 in favor of Roberta Himes resulting for an auto collision.
Jess G. Revercomb, Sr. v. Yellow Book Sales and Distribution Company, Inc. (NFP)
49A02-1305-CC-447
Collection. Affirms trial court judgment that Revercomb assumed liability as both a corporate representative and a personal guarantor when he signed advertising contracts with Yellow Book on behalf of a construction company.
Randall Capatina v. State of Indiana (NFP)
02A03-1304-CR-131
Criminal. Affirms four-year executed sentence for conviction of Class C felony disarming a law-enforcement officer.
Jerry Dillon v. State of Indiana, Burton A. Padove, Laurie Leber, and Patricia Pitcher (NFP)
45A05-1304-CT-165
Civil tort. Affirms dismissal of Dillon’s complaint.
Jason Halcomb v. State of Indiana (NFP)
69A01-1306-CR-280
Criminal. Affirms conviction of two counts of Class A felony child molesting and 40-year sentence. Judge Elaine Brown dissents, finding the sentence inappropriate in light of the nature of the offenses and Halcomb’s character, and would sentence him to no more than the advisory term.
Wesley Lee v. State of Indiana (NFP)
49A02-1305-CR-467
Criminal. Affirms revocation of probation.
In the Matter of: N.W. (minor child), a Child in Need of Services; A.B. (Mother) and No.W. (Father) v. The Indiana Department of Child Services (NFP)
53A04-1307-JC-335
Juvenile. Affirms determination that N.W. is a child in need of services.
Timothy Michael v. Gene Chandler (NFP)
20A04-1306-SC-300
Small claims. Affirms judgment of $5,697.50 in favor of Chandler.
Michael Sakha v. State of Indiana (NFP)
49A02-1305-PC-425
Post conviction. Affirms denial of post-conviction relief from a 50-year sentence for Class A convictions of attempted murder, attempted robbery and misdemeanor carrying a handgun without a license.
Carlton Hillman v. State of Indiana (NFP)
49A05-1305-CR-241
Criminal. Affirms conviction of Class A felony dealing in cocaine and Class B felony dealing in a narcotic drug.
In the Matter of the Termination of the Parent-Child Relationship of: O.M. and T.M. (Minor Children), and B.M. (Father) v. The Indiana Department of Child Services (NFP)
42A01-1303-JT-152
Juvenile. Affirms termination of parental rights.
Indiana Supreme Court issued no opinions by IL deadline.
7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Indiana Supreme Court appoints attorney to fill Judge Brown’s post
Indianapolis criminal defense attorney David Cook has been appointed as judge pro tempore to fill the duties of suspended Marion Superior Judge Kimberly Brown.
Opinions Jan. 24, 2014
Jan. 24, 2014
Indiana Tax Court
William W. Thorsness v. Porter County Assessor
49T10-1102-TA-14
Tax. Affirms final determination of the Indiana Board of Tax Review regarding Thorsness’ 2007 real property assessment. The burden-shifting rule contained in Indiana Code 6-1.1-15-1(p) and its progeny applies only to valuation challenges, not to uniform and equal constitutional challenges. Concludes that the Indiana Board of Tax Review did not err by determining that Thorsness’ ratio study did not demonstrate that the assessor’s assessment lacked uniformity.
Divided panel: OWI-causing-death retrial not double jeopardy
A majority of an Indiana Court of Appeals panel upheld a man’s conviction and 14-year sentence for driving while intoxicated causing death, but a dissenting judge said the unusual case history that led to the outcome constituted double jeopardy.
Court affirms higher home assessment as compared to neighbors
The Indiana Tax Court Thursday affirmed the 2007 assessment of a property in an upscale community on Lake Michigan, rejecting the homeowner’s argument that the assessment should be lower because surrounding homes were assessed at a lower ratio when taking into account the prices at which the homes were sold.
Split opinion: Disclosure of insurance policy limit is reversible error
Ruling on an issue of first impression, a divided panel of the Indiana Court of Appeals on Friday rejected a jury’s award of $250,000 to the widow of a motorcyclist injured in a crash. The majority remanded for a new trial, holding that disclosure of uninsured motorist policy limits was irrelevant and prejudiced the jury.