Opinions Nov. 12, 2013
Indiana Court of Appeals
James Edward Banks, Jr. v. State of Indiana (NFP)
82A01-1301-CR-38
Criminal. Affirms denial of Banks’ motion to correct erroneous sentence.
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Justices to hear convictions reversed due to prosecutor’s arguments
The case of a man whose two convictions of sexual misconduct with a minor were reversed on appeal because of a prosecutor’s overzealous arguments will go to the Indiana Supreme Court.
Judge rejects interlocutory appeal in Marion Superior judiciary challenge
A federal judge has denied the state of Indiana’s motion for an interlocutory appeal, signaling that a trial probably won’t be needed in a lawsuit challenging the constitutionality of how Marion Superior judges are elected.
Justices reject Spierer-obsessed man’s appeal of gun confiscation
The Indiana Supreme Court will not hear an appeal from a man whose 51 guns and ammunition were seized after authorities became alarmed by his behavior near the site where missing Indiana University student Lauren Spierer was last seen.
7th Circuit blocks Obamacare ‘contraception mandate’
Roman Catholic employers – including the owners of an Indiana company – won a Circuit Court ruling Friday blocking the “contraception mandate” contained in the Patient Protection and Affordable Care Act, commonly referred to as Obamacare.
Opinions Nov. 11, 2013 ILD
State and federal courts were closed Monday in observation of the Veterans Day holiday.
Opinions Nov. 11, 2013
7th Circuit Court of Appeals
William D. Grote III et al, v. Kathleen Sebelius, et al.
13-1077
Reverses and remands to the District Court for the Southern District of Indiana with orders to grant an injunction prohibiting enforcement of the “contraception mandate” of the Patient Protection and Affordable Care Act. The majority held that Grote Industries made a strong case for relief from the mandate under the Religious Freedom Restoration Act, but Judge Ilana Rovner warned that the panel was rewriting the law to extend rights of religion to a for-profit, secular corporation, thereby opening a host of federal regulations to religious challenges from corporation owners.
Allen County courts join forces to establish new veterans’ court
Allen County will gavel in its veterans’ court Nov. 12 and join a growing list of Indiana jurisdictions creating the problem-solving court especially to serve military veterans.
Service set for beloved IU Maurer professor
Indiana University Maurer School of Law will hold a memorial service Friday for Professor Craig Bradley.
7th Circuit case docketing fees increasing Dec. 1
Beginning Dec. 1, it will cost an extra $50 to appeal a case to the 7th Circuit Court of Appeals. Notice of appeals, as well as petitions for review/applications for enforcement and writ of mandamus, will cost $500.
Attorney voting for Judicial Nominating Commission to be extended
The voting process to select a lawyer representative to the Judicial Nominating Commission by more than 7,400 eligible attorneys will be extended due to an undetermined glitch that resulted in some lawyers not receiving ballots.
Valparaiso University Law School taps capital defense expert as new dean
Andrea D. Lyon, associate dean for clinical programs at DePaul University College of Law in Chicago, will join the Valparaiso University Law School as dean on June 2, 2014. She has experience both teaching and practicing law, and is a national expert in criminal defense.
Opinions Nov. 8, 2013 ILD
Indiana Court of Appeals
Jan A. Riddle v. State of Indiana (NFP)
84A01-1304-CR-185
Criminal. Affirms sentence following guilty plea to one count of Class D felony theft. Reverses the restitution order and remands with instructions that the trial court order Riddle to pay L.P. $267.40 in restitution.
James D. Minnich v. State of Indiana (NFP)
01A02-1305-CR-466
Criminal. Affirms conviction for operating a vehicle with an alcohol concentration equivalent of at least 0.15 gram of alcohol per 210 liters of breath as a Class D felony.
Eric D. Smith v. State of Indiana (NFP)
49A05-1306-CR-295
Criminal. Dismisses appeal of denial of Smith’s petition for modification of placement without a hearing.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals has posted no Indiana decisions at IL deadline.
Opinions Nov. 8, 2013
Indiana Court of Appeals
Hitesh Seth v. Midland Funding, LLC, as an Assignee of Columbus Bank and Trust as Issuer of Aspire Visa
48A05-1303-CC-110
Civil collection. Reverses summary judgment in favor of Midland Funding LLC on Midland’s complaint against Seth for nonpayment of credit card debt. Midland has failed as a matter of law to designate evidence to make a prima facie case that it is entitled to summary judgment on its complaint. Accordingly, the burden of proof did not shift to Seth to show that there exist questions of material fact precluding summary judgment.
Delayed jail releases common, says witness in judge’s discipline case
A senior judge who presided in a Marion Superior criminal court for more than a dozen years testified Friday that delayed releases of defendants from jail are a problem with the county’s entire judicial system and not limited to the court of a judge facing discipline for that and other charges.
COA reverses summary judgment in complaint to recover credit card debt
Finding a company did not satisfy its burden of proof under Indiana Trial Rule 56(C) when attempting to collect on a breach of a credit card contract, the Indiana Court of Appeals on Friday reversed summary judgment in the case.
Judges uphold 54-year sentence of man who asked women to take pics of kids
The Indiana Court of Appeals rejected a man’s argument Friday that he couldn’t be convicted of Class A felony child molesting under the accessory statute because the perpetrator was under 21 at the time of the molestations.
Criminal code committee still trying to answer funding and sentencing questions
The Indiana General Assembly passed an overhaul of the state’s criminal code during 2013 but left two major issues for the upcoming session – funding and sentencing.
Opinions Nov. 7, 2013 ILD
Indiana Court of Appeals
Michael P. Stafford v. State of Indiana (NFP)
17A04-1304-CR-178
Criminal. Affirms convictions and 120-year sentence for Class A felony criminal deviate conduct, Class A felony kidnapping, Class B felony burglary, Class B felony criminal confinement, and Class B felony robbery while armed with a deadly weapon.
Michael Schepers v. State of Indiana (NFP)
19A01-1303-CR-100
Criminal. Affirms denial of Schepers’ motion to suppress and remands for retrial.
Michael Kelley v. State of Indana (NFP)
45A04-1303-PC-161
Post conviction. Affirms denial of petition for post-conviction relief.
David Fields v. State of Indiana (NFP)
15A01-1301-PC-3
Post conviction. Affirms denial of petition for post-conviction relief.
Anthony Tsikouris, Diann Tsikouris, and the 601 Building, Inc., v. LaPorte Savings Bank (NFP)
46A05-1212-MF-659
Mortgage foreclosure. Affirms summary judgment in favor of bank on its foreclosure action. However, the amount of the damages was erroneous, and the trial court therefore abused its discretion when it denied the motion to correct error. Additionally, the motion to correct error should have been granted as to the award of attorney fees. Remands with instructions to conduct a hearing on damages and attorney fees.
State of Indiana v. Jerramy Bushong (NFP)
67A04-1304-CR-196
Criminal. Affirms denial of the state’s motion to correct error, which challenged the grant of a motion to suppress evidence.
Jeffrey V. McCloud v. State of Indiana (NFP)
49A02-1304-CR-322
Criminal. Double jeopardy principles embodied in the continuing crime doctrine bar entry of two judgments of conviction against McCloud for resisting law enforcement. The trial court erred when it imposed a sentence in excess of statutory authority against McCloud for possession of paraphernalia, as a Class A misdemeanor. McCloud’s 47-year sentence was not inappropriate under Appellate Rule 7(B). Remands with instructions to vacate his conviction for resisting law enforcement as a Class A misdemeanor and to enter a sentence within the authorized statutory range on McCloud’s conviction for possession of paraphernalia as a Class A misdemeanor.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Nov. 7, 2013
Indiana Court of Appeals
Debra Minott, Faith Laird, Patti Bailey v. Lee Alan Bryant Health Care Facilities, Inc.; Parkview Residential Care Center, L.L.C.; Parke County Residential Care Center, L.L.C., et al.
49A05-1305-PL-213
Civil plenary. Reverses denial of state’s request for restitution for damages paid. The Nov. 8 order was not a final judgment because it did not address the issue of restitution. Holds the law firms and creditor banks in this case are judgment creditors. Remands for further proceedings.