Judges affirm criminal reckless conviction
A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.
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Judges split on whether jury instruction erroneous
The Indiana Court of Appeals upheld the conviction of a man who shot at police when they attempted to serve a search warrant. The judges were, however, divided as to whether the trial court erred in giving jury instructions on the presumption of innocence.
COA: Jury adequately instructed on presumption of innocence
The Indiana Court of Appeals rejected a man’s argument that his child molestation conviction should be reversed because the trial court did not tender his jury instruction on the presumption of innocence. The judges found the court’s instruction adequately instructed the jury.
Settlement reached in online payday loan class action
More than 6,500 Hoosiers will share $1.35 million in a class-action settlement reached in long-running litigation against an online payday lender that in some cases charged finance fees that exceeded 1,000 percent annual percentage rates.
JQC: Strike Judge Brown’s apology, support from Sullivan in discipline case
Marion Superior Judge Kimberly Brown’s last-minute apology and vouching from former Indiana Justice Frank Sullivan Jr. should not be considered in her disciplinary case, the Judicial Qualifications Commission argued in a brief filed Thursday.
Man’s molestation post-conviction bid fails on appeal
A Morgan County man failed to convince a Court of Appeals panel that ineffective assistance of counsel and prosecutorial misconduct should entitle him to relief from a child molestation conviction.
Appeals court slashes contamination award from $154,632 to $7,383
Court-ordered environmental damages caused by PCB contamination at a Churubusco industrial site were reduced from a total of $154,632 to $7,383 on Thursday by a panel of the Indiana Court of Appeals.
Opinions Dec. 19, 2013 ILD
Indiana Court of Appeals
Edwin Rwoti v. State of Indiana (NFP)
02A04-1304-CR-181
Criminal. Affirms conviction of Class D felony sexual battery.
Raphael Miles v. State of Indiana (NFP)
82A01-1306-CR-295
Criminal. Affirms denial of motion to correct erroneous sentence.
Maxwell Swisher v. State of Indiana (NFP)
06A04-1304-CR-173
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
In the Matter of: J.C. and A.M.C. (Minor Children), Children in Need of Services, and A.K.C. (Mother) v. Indiana Department of Child Services (NFP)
29A04-1305-JC-216
Juvenile. Affirms J.C.’s designation as a child in need of services but vacates with respect to A.M.C.
T. Kyle Buehner v. Evansville Teachers Federal Credit Union (NFP)
82A01-1302-CC-61
Civil collection. Affirms judgment in favor of the credit union, finding it had authority to seize funds in Buehner’s savings account to satisfy his father’s debt.
In the Matter of the Termination of the Parent-Child Relationship of: D.W., Minor Child, G.W., Father v. Indiana Department of Child Services (NFP)
49A02-1304-JT-333
Juvenile. Affirms involuntary termination of parental rights.
Jeffrey O. Gilstrap v. Michael D. Mount (NFP)
39A01-1303-SC-103
Small claim. Affirms denial of Gilstrap’s motion for relief from judgment.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Dec. 19, 2013
Indiana Supreme Court
Tyrice J. Halliburton v. State of Indiana
20S00-1206-LW-560
Life without parole. Affirms murder conviction and sentence of life without parole. The trial court did not err in admitting certain evidence. Concludes the trial court committed no error, let alone fundamental error, by admitting photographs into evidence. Finds the court’s limiting instruction was erroneous, but Halliburton made no claim that the error was fundamental and no such fundamental error occurred.
Federal judge orders new trial in felony gun possession case
Finding the interests of justice require a new trial for a man convicted of a federal gun crime in which the government withheld potentially exculpatory evidence, Judge William T. Lawrence granted his request Wednesday in the Southern District of Indiana Terre Haute division.
Wife barred from inheritance because of adulterous relationship
The Indiana Court of Appeals affirmed that a woman’s relationship outside of her marriage prevents her from inheriting from her deceased husband’s estate.
Accomplice’s murder conviction upheld
A woman who threatened that her baby’s father and his brother would kill the man who punched her several times had her conviction of murder upheld by the Indiana Court of Appeals. She sat in a car while with the boyfriend and his brother killed the man.
Justices: Lab tech does not need to testify
The Indiana Supreme Court Thursday concluded that a laboratory technician involved in the chain of custody of DNA evidence is not required to testify at trial in order to satisfy the demands of a defendant’s Sixth Amendment right of confrontation.
Court affirms insurer must cover environmental cleanup costs
The Indiana Court of Appeals affirmed an order that an insurer pay post-notice costs of nearly $34,000 to its insured in an environmental cleanup in Mooresville.
Life sentence upheld for man who killed neighbor
The Indiana Supreme Court rejected a man’s claims that certain photos of a murder victim should not have been admitted at his trial. The justices upheld Tyrice Halliburton’s life without parole sentence for the murder of Sheena Kiska.
Law school enrollment drops again
Law school enrollment fell 11 percent in the fall of 2013, continuing a dramatic decline since 2010, according to national figures released by the American Bar Association.
Man’s second federal child-porn conviction sticks, 7th Circuit rules
A man whose first federal child pornography conviction was reversed on appeal struck out in his second appearance before the 7th Circuit Court of Appeals after he was reconvicted of the same 16 counts.
Question over who should have mown grass prevents summary judgment
A trial court’s decision to grant summary judgment to a homeowner after a man slipped and fell on her property was overturned when the Indiana Court of Appeals found sufficient dispute over material facts.
Opinions Dec. 18, 2013 ILD
Indiana Court of Appeals
In Re the Matter of the Paternity of T.L.T.: State of Indiana, as Child's Next Friend ex rel. (NFP)
71A04-1305-JP-214
Juvenile. Reverses grant of father’s motion to set aside the default judgment of paternity entered against him.
Willie Gates v. State of Indiana (NFP)
49A02-1304-CR-359
Criminal. Affirms conviction and sentence for Class D felony attempted obstruction of justice.
In the Matter of the Termination of the Parent-Child Relationship of: E.B., K.B., T.B., and M.J., (Minor Children) and J.W., (Mother) v. The Indiana Department of Child Services (NFP)
10A05-1303-JT-108
Juvenile. Affirms termination of parental rights.
Masoud Azimi on behalf of Amir Mansour Azimi, Deceased v. Clarian Health Partners d/b/a Methodist Hospital, Kyle Yancey, M.D., Steve S. Shin, M.D., David M. Kaehr, M.D., et al (NFP)
49A04-1304-CT-179
Civil tort. Affirms summary judgment in favor of the health care providers on Azimi’s medical malpractice complaint.
Timothy J. Fugate v. State of Indiana (NFP)
16A01-1306-CR-262
Criminal. Affirms revocation of probation and orders Fugate serve five years of the originally imposed eight-year suspended sentence.
In the Matter of the Termination of the Parent-Child Relationship of : B.M.B. and B.A.B., Minor Children, R.B., Father v. Indiana Department of Child Services (NFP)
21A01-1304-JT-188
Juvenile. Affirms termination of parental rights.
Frederick M. Dial v. State of Indiana (NFP)
20A05-1301-CR-15
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony maintaining a common nuisance.
Thomas Dillman v. State of Indiana (NFP)
53A01-1303-CR-112
Criminal. Affirms eight-year sentence for Class C felony failure to return to the scene of an accident resulting in death. Reverses order that court costs and a public-defender fee be paid from Dillman’s cash bond.
Lynda Rollins v. Graycor Construction Company, Inc., Graycor Industrial Constructors, Inc., Graycor Industrial Constructors, LLC, Graycor Construction Company, LLC, and Graycor, Inc. (NFP)
64A03-1307-CT-273
Civil tort. Affirms summary judgment in favor of Graycor Construction Co. Inc. in a personal injury negligence action brought by Rollins.
Guy Ivester v. State of Indiana (NFP)
33A04-1209-PC-491
Post conviction. Grants petition for rehearing and affirms original opinion in all respects, which held Ivester was not denied the effective assistance of his trial counsel, that he entered his guilty plea voluntarily, that his claims of prosecutorial misconduct and trial court abuse of discretion are unavailable, and that there was no abuse by the post-conviction court.
Andre Moton v. State of Indiana (NFP)
84A01-1305-CR-220
Criminal. Affirms sentence for Class A felony robbery and Class B felony attempted carjacking.
In the Matter of the Termination of the Parent-Child Relationship of L.N.C. and L.G.C.; J.T. v. Indiana Department of Child Services (NFP)
49A02-1305-JT-415
Juvenile. Affirms termination of parental rights.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of: P.K. (Minor Child) and D.K. (Mother) v. The Indiana Department of Child Services (NFP)
28A01-1306-JT-260
Juvenile. Affirms termination of parental rights.
Christopher L. Aders v. State of Indiana (NFP)
62A05-1305-CR-212
Criminal. Affirms denial of motion for dismissal under Ind. Criminal Rule 4(C).
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 Dec. 18, 2013
Indiana Court of Appeals
Ralph Stockton v. Falls Auctioneers and Realtors and Peggy Buck as Trustee of the Peggy Buck Trust
18A05-1304-CT-160
Civil tort. Reverses summary judgment in favor of Peggy Buck as trustee of the Peggy Buck Trust on Stockon’s negligence suit. There are questions of fact regarding whether Stockton’s fall was caused in part by the length of the grass and whether Buck controlled the length of the grass. It cannot be said as a matter of law that Buck owed no duty to Stockton and Buck was not entitled to summary judgment on this basis. Remands for further proceedings.