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It’s no accident that on a college campus in Richmond recently, the Indiana Supreme Court heard a case that involves allegations of hazing and potential liability for an incident at a Wabash College fraternity.
Indiana Gov. Mike Pence signed two bills today that could significantly transform Indiana’s criminal judicial system.
Former Indiana Sen. Richard G. Lugar told members of the federal judiciary Monday that his support of President Barack Obama’s Supreme Court appointees, opposed by many in his party, may have carried the greatest political cost of any decisions during his 36 years in the Senate.
Indiana Court of Appeals
Carol Raper, Executor of the Estate of Timothy Raper v. Jill A. Haber, Darrell Harvey, and Jane Harvey (NFP)
81A01-1206-TR-262
Trust. Dismisses the appeal sua sponte. The trial court’s ruling on Raper’s motion to interview was not a final judgment under Trial Rule 54(B) or an appealable interlocutory order so the COA does not have jurisdiction and must dismiss.
Bryan Delaney v. State of Indiana (NFP)
06A01-1209-CR-435
Criminal. Affirms the trial court’s denial of Delaney’s motion to withdraw his guilty plea. Ruled Delaney’s motion to withdraw his guilty plea to the charge of sexual misconduct with a minor as a Class B felony implicated neither substantial prejudice nor manifest injustice. Therefore it was within the discretion of the trial court to deny the motion.
Property-Owners Insurance Company v. Grandview One (NFP)
49A05-1205-CT-275
Civil tort. Reverses the trial court’s order entering partial summary judgment in favor of Grandview One and remands the matter for further proceedings. There is a genuine issue of material fact precluding summary judgment with respect to whether the evidence does or does not meet the plain meaning of the term “vacant.”
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Indiana Court of Appeals
Love Jeet Kaur v. State of Indiana
29A05-1208-CR-424
Criminal. Affirms trial court denial of motion to dismiss charges of Class D felony dealing in a synthetic cannabinoid, Class D felony possession of a synthetic cannabinoid, and Class D felony maintaining a common nuisance. The panel ruled that Indiana’s synthetic drug law, I.C. § 35-31.5-2-321, was not vague as applied to Kaur and did not represent an unconstitutional delegation of legislative power to the Board of Pharmacy.
Leaders of the Indiana General Assembly expressed their sorrow for the passing of former Indiana Gov. Otis Ray Bowen.
A low occupancy rate alone did not provide the owner of a mobile home community with the evidence it needed to get its property assessment reduced.
Indianapolis’ public transit system lost a bid in the Indiana Tax Court to recover a budget shortfall that the Department of Local Government Finance ruled did not exist.
The state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative authority to the Board of Pharmacy.
The Jackson County Juvenile Home will be renamed this week for a judge who was instrumental in its founding nearly 35 years ago.
The Indiana Supreme Court will decide whether the Indianapolis Star must reveal the identity of an online commenter in a long-running defamation case filed by a former executive of a nonprofit organization.
About half the property that federal agents inventoried after former personal injury attorney William Conour was charged with wire fraud is missing from his home, and just 13 of 78 items at his former law office are still there, according to new government filings in his federal criminal case.
Indiana Court of Appeals
Kevin Brodley v. State of Indiana (NFP)
49A02-1209-CR-725
Criminal. Affirms conviction of Class C felony burglary, Class D felony theft, Class A misdemeanor criminal mischief and adjudication as a habitual offender.
In Re: The Guardianship of R.B. and S.B., minor children, M.N. and D.N. v. E.B. (NFP)
32A04-1211-GU-583
Guardianship. Affirms denial of grandparents’ request for permanent guardianship of S.B.
In the Matter of the Marriage of: Sarah L. Jacobson v. Matthew C. Jacobson (NFP)
32A01-1210-DR-465
Domestic relations. Affirms denial of Sarah Jacobson’s post-dissolution petition for contempt filed against Matthew Jacobson.
Dennis C. Burgher v. State of Indiana (NFP)
27A02-1210-CR-825
Criminal. Affirms conviction of Class D felony criminal confinement.
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.
Indiana Court of Appeals
Kevin Brodley v. State of Indiana (NFP)
49A02-1209-CR-725
Criminal. Affirms conviction of Class C felony burglary, Class D felony theft, Class A misdemeanor criminal mischief and adjudication as a habitual offender.
United States Chief Justice John G. Roberts, U.S. Supreme Court Justice Elena Kagan and former Sen. Richard G. Lugar are featured speakers at the 62nd Annual Meeting of the 7th Circuit Bar Association and Judicial Conference opening Sunday in Indianapolis.
The Indiana Supreme Court travels to Merrillville High School May 9 for oral arguments dealing with the admittance of drug evidence after a vehicle search.
A national tour highlighting the successes of drug courts and other problem-solving courts will make stops at two northern Indiana drug courts this month.
Indiana Court of Appeals
Jason Tye Myers v. State of Indiana (NFP)
79A04-1209-PC-481
Post conviction. Affirms denial of petition for post-conviction relief.
Dywan Masterson v. State of Indiana (NFP)
02A03-1208-PC-368
Post conviction. Affirms denial of petition for post-conviction relief.
Frank T. Grannan v. State of Indiana (NFP)
79A02-1209-CR-696
Criminal. Affirms convictions of Class C misdemeanors operating while intoxicated, operating with an alcohol concentration equivalent of 0.08 but less than 0.15, and operating with a controlled substance or its metabolite in the body.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Supreme Court
Gerald P. VanPatten v. State of Indiana
02S03-1205-CR-251
Criminal. Vacates two convictions of child molesting, one as a Class A felony and one as a Class C felony, because a nurse’s testimony about statements made by the alleged six-year-old victim, who later recanted, should not have been admitted as substantive evidence. Affirms trial court was within its discretion to deny VanPatten’s attorneys’ motions to withdraw. Justice Massa concurs in result with a separate opinion in which Justice Rush joins. Remands for a new trial on the two counts.
A Howard Superior judge properly refused to dismiss theft charges against a man because, despite the defendant’s arguments to the contrary, the Howard County charges were not previously prosecuted in Miami County.