Environmental groups lob new suit at I-69 work
An Indiana environmental group once again is attempting to stop construction of the Interstate 69 extension between Evansville and Indianapolis by filing suit in federal court.
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COA upholds award of attorney fees but orders damages amount reduced against construction company
A claimed scrivener’s error on the Secretary of State’s website should not be held against the couple filing the lawsuit against a company, the Indiana Court of Appeals held. The error involving an incorrect address on the website was made by an employee of the company being sued more than two years before the suit was filed.
Opinions Feb. 27, 2013 ILD
Indiana Court of Appeals
Paula Tackett v. State of Indiana (NFP)
35A05-1205-CR-267
Criminal. Affirms convictions and sentence for Class A felony dealing in methamphetamine and Class B felony conspiracy to commit dealing.
Michael Chambers v. State of Indiana (NFP)
53A01-1209-CR-401
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor but remands to the trial court with instructions to impose concurrent sentences.
Jason A. Cafouras v. State of Indiana (NFP)
16A01-1208-CR-347
Criminal. Affirms conviction of Class A misdemeanor of driving while suspended.
Michael Merriweather v. State of Indiana (NFP)
49A05-1204-CR-159
Criminal. Affirms convictions of Class B felonies robbery and attempted robbery, Class A misdemeanor carrying a handgun without a license and Class C felony carrying a handgun without a license. Remands with instructions to correct the abstract of judgment and chronological case summary because they contain clerical errors.
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 Feb. 27, 2013
Indiana Court of Appeals
Lamont Holloway v. State of Indiana
49A02-1207-CR-548
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft. The evidence was sufficient to support the convictions.
Bill creating study of judicial retirement benefits moves to House
A Senate bill asking the Legislative Council to have the Pension Management Oversight Commission look at the retirement, disability and death benefits provided to judges and full-time magistrates passed out of the Senate Tuesday by a vote of 50-0.
Judges uphold man’s convictions for stealing from neighbor
Lamont Holloway argued that the state didn’t prove that he was the one who stole a television and gaming system from his neighbor, but the Indiana Court of Appeals held that the evidence supports his burglary and theft convictions.
Justices divided over vacating transfer in case seeking severance of offenses
Justice Robert Rucker wrote an 11-page dissent from his colleagues after three justices decided to vacate transfer to an appeal stemming from charges involving the alleged sexual assault of four victims.
Law school’s environmental symposium features senior adviser to EPA
Indiana University Robert H. McKinney School of Law’s sixth annual spring environmental symposium on March 1 includes keynote speaker Cameron Davis, a longtime advocate for Great Lakes conservation.
Man’s attempts to establish paternity denied
The Indiana Court of Appeals reversed denial of a mother’s two motions to dismiss her child’s father’s paternity actions instituted after her husband attempted to adopt the child.
Senate defeats DNA collection bill
Legislation that would require every person arrested after June 30 for certain crimes to submit a DNA sample failed to pass the Senate Tuesday.
Long expects Criminal Code revision will get Senate approval
Indiana’s first major rewrite of the state’s Criminal Code in more than 30 years is now in the hands of the Senate where the Senate leader believes it will ultimately be approved.
Company loses inverse condemnation claim
The 17-month period beginning when a Terre Haute Board of Zoning Appeals ordered a company seeking a special exception to provide public water to surrounding homes and ending when that condition was overturned by a judge did not constitute inverse condemnation, the Indiana Court of Appeals held Wednesday.
Franklin attorney dies suddenly from heart attack
A former Bartholomew County public defender died suddenly Feb. 23 in Columbus.
Opinions Feb. 26, 2013 ILD
Indiana Court of Appeals
Joseph K. Strong v. State of Indiana (NFP)
49A02-1207-CR-535
Criminal. Affirms conviction of Class B felony burglary and Class D felony theft.
Edgar Duncan v. State of Indiana (NFP)
29A04-1209-CR-450
Criminal. Affirms Class C misdemeanor conviction of operating a vehicle while intoxicated.
In Re: The Paternity of J.P.; J.H. v. P.P. (NFP)
43A03-1206-JP-300
Juvenile. Remands custody petition for reconsideration of evidence relating to a counselor’s assessment and knowledge of alleged threats made by father and to resolve father’s contempt petitions against mother.
Jose Morales v. State of Indiana (NFP)
49A02-1207-CR-607
Criminal. Affirms conviction and sentence of 50 years in prison on two counts of Class A felony child molesting.
Jerry L. Moore v. State of Indiana (NFP)
90A05-1207-CR-370
Criminal. Affirms 15-year executed sentence for conviction of Class B felony dealing in a schedule III controlled substance.
Term. of the Parent-Child Rel. of: B.H., (Minor Child) and K.H.L. (Mother) v. Indiana Dept. of Child Services (NFP)
36A01-1209-JT-416
Juvenile. Affirms termination of parental rights.
Stanley Short v. State of Indiana (NFP)
69A01-1206-CR-268
Criminal. Affirms aggregate sentence of 75 years in prison for convictions of Class A felony rape and criminal deviate conduct; and Class B felony, Class C felony and Class A misdemeanor charges of battery.
In Re: The Matter of A.R., et al., Alleged Children in Need of Services: T.M. v. The Indiana Department of Child Services (NFP)
52A02-1205-JC-388
Juvenile custody. On rehearing, affirms original opinion affirming the trial court finding that mother neglected to ensure the children received proper care.
Indiana Supreme Court and Indiana Tax Court posted no opinions Tuesday by IL deadline. 7th Circuit Court of Appeals issued no opinions Tuesday by IL deadline.
Opinions Feb. 26, 2013
Indiana Court of Appeals
Paul M. Brock v. State of Indiana
79A04-1208-CR-433
Criminal. Affirms trial court sentence of 12 years on convictions of Class C felony auto theft; Class D felony intimidation; Class A misdemeanors resisting law enforcement, striking a law enforcement animal, and operating a vehicle while intoxicated; and a habitual offender enhancement. The court held that the sentence was not impermissible double enhancement, was not inappropriate, and that the court did not abuse its discretion when it considered Brock’s prior behavior while incarcerated.
COA instructs trial court to vacate 2 convictions of child molestation
The Indiana Court of Appeals threw out two charges and sent a case back to the trial court after the state admitted that it did not intend to charge the defendant with four separate acts of child molestation.
Town takes unusual step to gain control of utility
Mooresville’s bid to purchase water operations likely will be decided in court.
Trial court denied due process in revoking probation
A man whose probation was revoked without an evidentiary hearing after he walked away from an inpatient alcohol treatment program imposed by the court will receive a new hearing.
Consecutive sentences in drug buy case ruled inappropriate
A man sentenced to 40 years in prison after he sold crack cocaine to undercover agents in two separate controlled buys received an inappropriate punishment, the Court of Appeals ruled Tuesday.