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Opinions June 25, 2013

Indiana Supreme Court
Loren Hamilton Fry v. State of Indiana
09S00-1205-CR-361
Criminal. Affirms denial of bail for Fry, who is charged with murder. Holds that when a defendant charged with murder or treason seeks bail, the burden is on the state, if it seeks to deny bail, to show by a preponderance of the evidence that the proof is evident or the presumption strong. Chief Justice Dickson concurs to which Justice Rush joins; Rush concurs; Justice Massa concurs in result and dissents with separate opinion; and Justice Rucker dissents with separate opinion in which Massa concurs.

Resisting law enforcement conviction reduced due to double jeopardy violation

A post-conviction court “clearly erred” when it found a man’s trial attorney did not provide ineffective assistance of counsel, the Indiana Court of Appeals ruled Tuesday. The judges ordered the court to reduce Timmy Zieman’s Class C felony resisting law enforcement conviction to a Class D felony because of a violation of double jeopardy principles.

Refusal to remove biased board member ends potential administrative remedies

After finding that the exhaustion of administrative remedies was excused for a company seeking to operate a stone quarry because a drainage board member was biased against the project, the Indiana Court of Appeals ruled the trial court acquired subject matter jurisdiction and properly denied the board member’s motion to dismiss.

Justices reverse rule of law going back to Civil War era

After requiring for nearly 150 years that a defendant charged with murder or treason be required to prove he or she is entitled to bail, a divided Indiana Supreme Court ruled it now falls upon the state to show that “the proof is evident or the presumption strong” that the defendant is guilty and not entitled to bail.

Evidence supports felony inmate fraud conviction

Finding that a defendant obtained a future interest in bail money as well as his release from prison – which constitute property under Indiana law – the Indiana Court of Appeals upheld Elnesto Ray Valle’s Class C felony inmate fraud conviction. Valle convinced a stranger to pay his bail.

Justices: Officer had reasonable suspicion window tint violated law

The Indiana Supreme Court affirmed the denial of a defendant’s motion to suppress cocaine found on him after his car was stopped by police on the belief the car’s window tint did not comply with Indiana statute. The justices found the officer had reasonable suspicion that the tint was in violation of the Window Tint Statute.

Butler to host panel on Shuai murder, attempted feticide case

A panel of legal and medical experts will discuss the murder and attempted feticide case against Bei Bei Shuai, whose prosecution in Indianapolis has made international headlines. The event will be at 6 p.m. Wednesday at Butler University.

Weinberger cases settle for $55M

Hundreds of patients of a former Merrillville ear, nose and throat doctor serving a seven-year federal sentence for health-care fraud will be compensated for their medical malpractice claims through a $55 million settlement.

Magistrate judge appointed to Allen Superior Court

Allen Circuit Magistrate Judge Craig J. Bobay has been appointed to Allen Superior Court by Gov. Mike Pence, the governor’s office announced Monday. He will fill a vacancy created when Civil Division Judge Daniel G. Heath transferred to the Family Relations Division following Judge Stephen Sims’ retirement in April.

SCOTUS sends affirmative-action case back to 5th Circuit

A lawsuit claiming that a Texas university's consideration of race in its admissions practices violates the Equal Protection Clause has been sent back by the Supreme Court of the United States to the 5th Circuit Court of Appeals. In its ruling on the suit filed by a Caucasian woman denied admission in 2008, the justices did not strike down the use of affirmative action by the university.

Opinions June 24, 2013 ILD

Indiana Court of Appeals
Anthony Wilson v. State of Indiana (NFP)
49A02-1212-CR-956
Criminal. Affirms conviction of Class A felony robbery and remands with instructions to vacate Class B felony aggravated battery conviction.

Aaron W. Prater v. State of Indiana (NFP)
02A04-1302-CR-60
Criminal. Affirms denial of request to file a belated appeal following the guilty plea.

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 June 24, 2013

Indiana Court of Appeals
Michael Howard v. Allen County Board of Zoning, Appeals and Alvin Schmucker
02A04-1301-PL-27
Civil plenary. Affirms dismissal of Howard’s petition for judicial review of the decision by the zoning board to grant a use variance for property owned by Schmucker. I.C. 36-7-4-1316 requires dismissal where no materials supporting judicial review of the petitioner’s claims are timely filed and an extension of the filing deadline is not timely requested. Finds the trial court’s determination that it lacked jurisdiction was clearly erroneous, but the statute required dismissal on non-jurisdictional grounds.

Indiana justices to rule on Evansville smoking ban

The Indiana Supreme Court accepted two cases last week for transfer, a pair of rulings from Vanderburgh County on the city of Evansville’s ordinance prohibiting smoking in certain places.

COA affirms trial court dismissal of judicial review but differs on reasoning

An Allen Superior judge’s determination that the court lacked jurisdiction to hear a zoning issue, thus requiring dismissal, was erroneous, the Indiana Court of Appeals ruled. But the judges affirmed the lower court’s dismissal of the case because of a lack of supporting materials and a late request for a filing deadline extension.

Justices: Excluding expert witness was error by trial court

Four Indiana justices Friday held that a Montgomery Superior judge erred when he struck the plaintiff’s expert witness in a medical malpractice lawsuit and dismissed the suit under Indiana Trial Rules 37(B) and 41(E).