Holiday World family takes dispute to Court of Appeals
An agreement meant to keep a popular amusement park in the family has sparked a bitter dispute that has reached the Indiana Court of Appeals.
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Opinions Aug. 6, 2013 ILD
Indiana Court of Appeals
Indiana-American Water Company, Inc. v. Indiana Office of Utility Consumer Counselor, City of Crown Point, Indiana (NFP)
93A02-1301-EX-17
Agency action. Affirms the Indiana Utility Regulatory Commission’s denial of a request to include the costs of an accelerated automated meter-reading replacement program in its distribution system improvement charge.
Marcus L. Wilson v. State of Indiana (NFP)
20A03-1212-CR-557
Criminal. Affirms conviction of Class D felony domestic battery.
In the Matter of the Guardianship of: M.A.M.J., a minor; Diana Sullivan v. Katherine Ashley Oliver (NFP)
29A02-1208-GU-664
Guardianship. Affirms trial court order appointing K.O. as permanent guardian of M.J.’s person and estate.
Lamar Allen Colley v. State of Indiana (NFP)
71A05-1302-CR-89
Criminal. Affirms convictions of Class A misdemeanor battery and interference with reporting a crime.
Travis Cunningham v. State of Indiana (NFP)
09A02-1302-CR-209
Criminal. Affirms conviction of Class A misdemeanor battery and contempt of court.
Cody Hoffman v. State of Indiana (NFP)
78A05-1212-CR-655
Criminal. Affirms sentence on convictions on two counts of Class C felony burglary.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Tuesday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.
Opinions Aug. 6, 2013
Indiana Court of Appeals
Robert E. Redington v. State of Indiana
53A01-1210-CR-461
Criminal/firearm seizure. Affirms a trial court order approving the seizure of firearms from a person determined to be dangerous under I.C. 35-47-14-1. The majority concluded that evidence of probative value exists from which the court could have determined by clear and convincing evidence that Redington was dangerous as defined by Ind. Code § 35-47-14-1(a)(2)(B), and accordingly it was within its discretion to order the Bloomington Police Department to retain Redington’s firearms pursuant to Ind. Code § 35-47-14-6(b). Dissenting Judge Patricia Riley would reverse the trial court, holding that Redington was not properly found dangerous under the statute.
Seizure of guns upheld for ‘dangerous’ man who stalked Spierer site
A man who behaved erratically, told far-fetched stories of seeing missing Indiana University student Lauren Spierer, and scoped out the place she was last seen alarmed Bloomington police enough that authorities took from him and his Indianapolis home 51 guns and ammunition.
Dismissal, jury verdict for Alcoa in cancer suit stand on appeal
A couple who sued an aluminum manufacturer and claimed their exposure to toxic chemicals led to the husband’s rare form of liver cancer lost their appeal Tuesday.
Shepard task force paper cites ‘deeply flawed’ legal ed funding system
Former Indiana Chief Justice Randall T. Shepard’s task force looking at the future of legal education financing sees a “deeply flawed” system, according to a working paper presented at this week’s annual meeting of the American Bar Association in San Francisco.
Clerk responds to attorneys’ concerns about personal security
Attorneys’ concerns over personal security have prompted the Indiana Clerk of Courts to offer an opt-out feature when updating attorney registrations on its registration portal.
Habeas writ reverses resentencing from divided COA
A Fulton County man who filed a writ of habeas corpus claiming he was falsely imprisoned won a reversal of a clarified sentencing order Tuesday, with one Court of Appeals judge saying he should be freed entirely.
Opinions Aug. 5, 2013 ILD
Indiana Court of Appeals
In Re the Guardianship of C.S. and A.S.: E.R. v. M.S. and D.S. (NFP)
79A02-1210-GU-863
Civil/guardianship. Reverses and remands a modification of visitation granting more time for paternal grandparents to visit their grandchildren, C.S. and A.S. The panel held the that trial court abused its discretion in failing to restrict the paternal grandparents’ visitation as had been requested by the children’s adoptive father, E.R., who also is their maternal grandfather.
Todd M. Westbrook v. Review Board of the Indiana Department of Workforce Development and Youth Opportunity Center, Inc. (NFP)
93A02-1209-EX-759
Civil/agency action. Affirms dismissal of an appeal of unemployment benefits to the Department of Workforce Development Unemployment Review Board.
Zachariah Galyan v. State of Indiana (NFP)
55A01-1303-CR-140
Criminal. Affirms three-year sentence on a conviction of Class D felony intimidation.
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 Aug. 5, 2013
Brad Kroft v. State of Indiana
49A04-1211-CR-593
Criminal. Reverses and remands on interlocutory appeal denial of a motion to suppress, holding that a state trooper who stopped a motorist because a working tail lamp had a dime-sized hole that emitted white light did not have reasonable suspicion to initiate a traffic stop that resulted in two charges: Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 or more, and Class C misdemeanor operating a vehicle while intoxicated.
Attorney general sues AT&T for suspending injured workers
AT&T’s Indiana operating company faces a discrimination lawsuit from the Indiana Department of Labor for suspending three workers, allegedly because they reported work-related injuries.
Indianapolis loses attorney and civic leader Edgar Lamb
An attorney who played an integral role in consolidating the governments of the city of Indianapolis and Marion County, which made the Hoosier state capital the 11th largest city in the United States, has died.
Hole in tail lamp no cause for traffic stop, appeals panel rules
An Indiana State Police trooper who pulled over a Jeep because a hole in its tail lamp emitted white light lacked probable cause to initiate the traffic stop that resulted in drunken-driving charges.
Judge clears IU to donate $450,000 for Conour victim restitution
A judge last week approved an order clearing the way for Indiana University to transfer $450,000 to a federal court restitution fund for victims of former personal-injury and wrongful-death attorney William Conour.
Shuai pleads guilty to lesser charge, is freed
The Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died pleaded guilty to a lesser charge of criminal recklessness, a Class B misdemeanor.
Shuai pleads guilty to criminal recklessness
A Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died has pleaded guilty to a lesser charge of criminal recklessness, a Class B misdemeanor.
Shuai enters guilty plea
A Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died will plead guilty. Bei Bei Shuai’s plea agreement was announced this afternoon at a news conference in Marion Superior Court. She was to face trial beginning Sept. 3. […]
Indiana takes lead in asking SCOTUS to reverse legislative prayer ban
Indiana and Texas are the lead authors of an amicus brief filed Friday that asks the U.S. Supreme Court to reverse a 2nd Circuit Court of Appeals ruling banning legislative prayer at the beginning of a government meeting.
Opinions Aug. 2, 2013 ILD
Indiana Court of Appeals
Jeremy Benner v. State of Indiana (NFP)
79A02-1211-CR-913
Criminal. Affirms conviction of child molesting as a Class C felony.
Randy Reeder v. State of Indiana (NFP)
71A05-1210-PC-540
Post conviction. Affirms conviction of four counts of murder and sentence to an aggravated term of 65 years for each conviction, to be served consecutively for a total term of 260 years.
Dwayne Kelly v. State of Indiana (NFP)
27A01-1212-PC-568
Post conviction. Affirms denial of post-conviction relief.
In the Matter of the Termination of the Parent-Child Rel. of M.R.; C.B. v. Indiana Department of Child Services (NFP)
49A05-1212-JT-643
Juvenile. Affirms the termination of parental rights of C.B., the mother of M.R.
Carolyn (Hansen) Miller v. Robin Mendelsohn, M.D. (NFP)
67A01-1301-PL-13
Civil plenary. Affirms the jury verdict entered in favor of Mendelsohn.
Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline.
Opinions Aug. 2, 2013
7th Circuit Court of Appeals
Anthony Weddington v. Dushan Zatecky, Superintendent
11-3303
Vacates denial of Weddington’s habeas petition and remands for further proceedings consistent with this opinion. Finds the District Court erred in failing to consider Weddington’s claims that he could not meet the limitations period because prison officials confiscated his legal paper work, law books and legal mail. Also points out that the question of whether Judge Tanya Walton Pratt should have recused herself can be remedied by assigning the case to a different district judge on remand.