Suspect’s disheveled appearance, not GPS, led to drug discovery
A suspect’s attempt to pull up his unbuckled and falling pants as he stepped from his car negated any taint on the evidence caused by local law enforcement placing a GPS on his vehicle.
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Appeals court tosses injunction tied to non-compete clause
Terms of a non-compete clause in an agreement between an IT recruiter and his former employer are unreasonable, the Indiana Court of Appeals ruled Monday in throwing out an injunction that barred the recruiter from similar employment.
Opinions Oct. 4, 2013 ILD
Opinions Oct. 4, 2013
Indiana Court of Appeals
Dexter Berry v. State of Indiana (NFP)
49A04-1301-CR-34
Post conviction. Remands for recalculation of pretrial credit time applied against an executed 10-year sentence for conviction of Class B felony burglary.
Johnny Henderson v. State of Indiana (NFP)
49A02-1302-CR-178
Criminal. Affirms conviction of Class B felony attempted burglary.
Howell Contractors, Inc. and Fidelity and Deposit Company of Maryland v. Calumet Civil Contractors, Inc. (NFP)
49A05-1305-PL-232
Civil plenary. Affirms grant of summary judgment as to liability, reverses entry of summary judgment on damages and remands for proceedings.
Thomas Roberts v. State of Indiana (NFP)
49A02-1304-CR-356
Criminal. Affirms denial of motion to modify 55-year sentence for conviction of murder.
Mark Gregory v. State of Indiana (NFP)
48A02-1302-PC-198
Post-conviction. Affirms denial of post-convcition relief from a 55-year executed sentence for conviction of multiple counts of burglary and theft reimposed after a violation of probation under a previously granted sentence modification.
David Kifer v. State of Indiana (NFP)
82A05-1302-IF-53
Infraction. Affirms Class C infraction for disregarding an automatic signal.
Victor Gutierrez v. State of Indiana (NFP)
02A04-1302-CR-63
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Robert J. Fiedler and Dianne C. Fiedler v. LaGrange County Health Department (NFP)
44A03-1303-MI-107
Miscellaneous. Affirms trial court’s entry of final judgment in favor of the LaGrange County Health Department on an action to compel the department to certify a septic system was functioning satisfactorily.
Jose Contreras v. State of Indiana (NFP)
49A04-1303-CR-112
Criminal. Affirms 20-year executed sentence for conviction of Class A felony dealing in methamphetamine, Class C felony possession of narcotic drug and a firearm, and Class D felony possession of marijuana.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
Opinions Oct. 4, 2013
Opinions Oct. 4, 2013
Indiana Court of Appeals
Dexter Berry v. State of Indiana (NFP)
49A04-1301-CR-34
Post conviction. Remands for recalculation of pretrial credit time applied against an executed 10-year sentence for conviction of Class B felony burglary.
State seeks restitution funds from late alleged Ponzi schemer
Indiana officials have filed suit in an attempt to freeze the assets of the estate of a Kokomo investor alleged to have operated a Ponzi scheme believed to have bilked investors of $5 million to $10 million IBJ.com has the story.
Supreme Court weighs Evansville casino smoking exemption
An Evansville ordinance that exempts the city’s only casino from a smoking ban is being challenged in the Indiana Supreme Court by bar and private club owners who say the measure violates the state constitution’s equal protection clause. IBJ.com has the story.
Dickson to urge service as Pro Bono Month kicks off
Indiana Chief Justice Brent Dickson will address the importance of charitable legal work as judges and lawyers around the state plan events coinciding with October’s Pro Bono Month.
Cappas appointed Lake Superior judge
Longtime Highland criminal defense attorney Sam Cappas has been appointed judge in the Lake Superior Criminal Division.
Holiday World widow does not have to sell shares, COA rules
The widow and children of the late William Koch Jr., can keep their shares in the southern Indiana theme park, Holiday World and Splashin' Safari, after a ruling by the Indiana Court of Appeals concluded that William’s brother, Dan Koch, and Koch Development Corp. offered too little money for the shares.
Opinions Oct. 3, 2013 ILD
Opinions, Oct. 3, 2013
Indiana Court of Appeals
Jose Garcia v. G. Wm. Walker Construction (NFP)
93A02-1305-EX-437
Civil. Affirms the Indiana Worker’s Compensation Board’s ruling that Garcia’s injury did not arise from his employment.
Elbert G. Elliott v. State of Indiana (NFP)
45A04-1212-CR-659
Criminal. Affirms revocation of Elliott’s probation based on drug use and willful failure to pay restitution.
Milton L. Medsker v. State of Indiana (NFP)
49A02-1303-PC-203
Post conviction. Affirms post-conviction court’s denial of Medsker’s petition for post-conviction relief.
Marlen Hernandez v. State of Indiana (NFP)
02A05-1304-CR-181
Criminal. Affirms conviction for criminal recklessness, a Class D felony.
Richard Green v. State of Indiana (NFP)
36A01-1212-CR-571
Criminal. Affirms Green’s conviction for armed robbery, a Class B felony, and his adjudication as a habitual offender.
Robert Klinglesmith v. State of Indiana (NFP)
49A05-1303-CR-116
Criminal. Affirms in part and reverses in part. Concludes that Klinglesmith did not suffer fundamental error due to the cumulative effect of allegedly erroneously admitted evidence but that one of his two convictions for Class B felony criminal deviate conduct must be vacated due to double jeopardy concerns.
Matthew P. Thrall v. State of Indiana (NFP)
56A05-1304-CR-159
Criminal. Affirms 13-year sentence for pleading guilty to one count of Class B felony rape.
Priority Press, Inc. v. Media Methodology (NFP)
29A02-1303-SC-278
Small claims. Affirms judgment in favor of Media Methodology.
Rasheen Middleton v. State of Indiana (NFP)
82A01-1301-CR-8
Criminal. Affirms conviction and 12-year sentence, with two years suspended, for one count of Class B felony unlawful possession of firearm by a serious violent felon.
Dennis Tiller v. State of Indiana (NFP)
49A02-1211-CR-928
Criminal. Affirms convictions for one count child molesting as a Class A felony and one count child molesting as a Class C felony. Concludes while the prosecutor’s comments may have been more narrowly construed, they did not prevent Tiller from receiving a fair trial.
Indiana Supreme Court released no opinions before IL deadline. 7th Circuit Court of Appeals released no Indiana opinions before IL deadline.
Opinions, Oct. 3, 2013
Opinions, Oct. 3, 2013
Indiana Tax Court
Orange County Assessor v. James E. Stout
49T10-1112-TA-94
Property tax. Affirms the final determination of the Indiana Board of Tax Review that the Orange County Assessor failed the meet the burden of proving that Stout’s land assessment was proper. Finds although the Indiana Board applied a 2011 statute to a 2010 appeal, the 2011 law was not new but a clarification of the original 2009 statute which shifted the burden to the assessor. Also rules the assessor failed to provide any evidence demonstrating that Stout was not using his 8.12 acre property for an agriculture purpose.
Appeals court partially reinstates colonoscopy malpractice claim
A northern Indiana court inappropriately granted summary judgment in favor of a doctor and medical practice defending a suit brought by a patient who claimed negligence after a colonoscopy, a divided panel of the Indiana Court of Appeals ruled.
Habitual offender amendment after jury empaneled ruled error
A habitual offender enhancement for a man convicted of robbery cannot stand because the state amended the underlying charges after a jury was empaneled, the Indiana Court of Appeals ruled.
Clarifications of statute still keep burden of proof on county assessor
A county assessor’s attempt to shift the burden of proof onto a landowner in a dispute over a property assessment that increased more than 5 percent failed to convince the Indiana Tax Court.
‘Living as if a spouse’ permits woman’s domestic battery conviction
A married woman convicted of domestic battery against a man with whom she was involved in an on-again, off-again romantic relationship couldn’t persuade an appeals court that it was a stretch to apply the criminal statute in her situation.
Ex-college football players sue NCAA, helmet makers on concussion claims
Two former University of Washington football players are seeking class-action certification for brain-injury claims against the NCAA and helmet makers, including Riddell Inc.and All-Sports Corp.
Furloughs, closures hit Indiana as shutdown begins
The partial shutdown of the federal government landed hundreds of Indiana-based Air Force reservists, civilian workers and national park employees on unpaid furlough Tuesday, causing some business owners in the most affected areas to brace for the worst. IBJ.com has the story.
NFL free-agent lawyer sets sights on NCAA
Jeff Kessler, an attorney who helped bring free agency to the National Football League, is about to focus on the unpaid athletes who generate more than $16 billion in college sports television contracts.
New York-based Winston & Strawn LLP is starting what it describes as the first college-focused division at a major law firm to represent players, coaches, schools and conferences against what Kessler, 59, described as “the unbridled power and influence” of the Indianapolis-based National Collegiate Athletic Association. IBJ.com has the story.
Opinions Oct. 2 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Legislature’s criminal law and courts committees continue interim studies
Indiana legislative study committees examining the criminal code and courts will hold separate hearings on Oct. 8 at the Indiana Statehouse.