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A bill that would require the governor to appoint nonattorney members to the Judicial Nominating Commission from a list of legislator-approved candidates passed the Senate 46-2 Thursday.
Judge Stephen M. Sims of Allen Superior Court announced Thursday he will retire April 26 after nearly 20 years on the bench.
Dwayne M. Brown, 50, the first African-American and youngest person elected to statewide office, died Feb. 12. He served as clerk of the Indiana appellate courts before being removed from office in 1994 amid allegations of ghost employment and sexual harassment.
The trial of David Bisard, the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others, will be moved from Marion County to Allen County.
A jury is expected to begin deliberating Friday afternoon whether Don Marsh owes Marsh Supermarkets Inc. more than $3 million in personal expenses he allegedly charged the company while he was CEO.
Indiana Court of Appeals
American Acceptance Co., LLC., as Assignee of Washington Mutual Finance v. Melissa Willis
42A04-1208-CC-466
Civil collection. Affirms denial of American Acceptance Co.’s motion for a garnishment order against Willis. Given Willis’ financial circumstances, the trial court didn’t abuse its discretion.
Daquan Whitener v. State of Indiana
20A04-1205-CR-254
Criminal. Affirms conviction of Class A felony burglary and the determination that Whitener register as a sex offender as a condition of probation. The state presented evidence of a probative nature from which a reasonable trier of fact could have found beyond a reasonable doubt that Whitener’s entry of K.A.’s home was unauthorized and that he was guilty of burglary as a Class A felony. Dismisses the state’s cross-appeal of whether the court properly declined to enter a judgment of conviction for rape as a Class B felony based on double jeopardy principles.
Omar G. Burton v. State of Indiana (NFP)
03A01-1206-CR-263
Criminal. Affirms sentence imposed following revocation of probation.
James N. Arnold v. State of Indiana (NFP)
16A01-1206-CR-252
Criminal. Affirms conviction of Class D felony being a habitual traffic violator and the Class C infraction of disregarding a traffic control device.
David Garden and Star Homes, Inc. d/b/a Garden Homes Realty v. Lucas International, LLC and Wade Lucas (NFP)
49A02-1206-CC-523
Civil collection. Affirms denial of David Garden’s and Garden Homes Realty’s motion to set aside default judgment.
Kevin Pendleton v. State of Indiana (NFP)
34A05-1207-CR-383
Criminal. Affirms convictions of two counts of Class B felony conspiracy to commit dealing in cocaine.
Charles L. Myers v. Glen L. Williams (NFP)
77A01-1204-CT-142
Civil tort. Affirms jury verdict awarding Williams $130,000 in damages following an automobile accident.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
7th Circuit Court of Appeals
In the matter of: Castleton Plaza LP; Appeal of: El-SNPR Notes Holdings LLC
12-2639
U.S. Bankruptcy Court, Southern District of Indiana, Indianapolis Division, Judge Basil H. Lorch III.
Bankruptcy. Holds an equity investor cannot evade the competitive process by arranging for the new value to be contributed by (and the new equity to go to) an “insider” as 11 U.S.C. Section 101(31) defines that term. Competition is essential whenever a plan of reorganization leaves an objecting creditor unpaid yet distributes an equity interest to an insider.
Legislation that would create a pilot program administered by the Indiana Judicial Center to assist trial courts when preparing and writing certain motions moved out of the House Committee on Courts and Criminal Code 11-0.
A collection company seeking to garnish a woman’s wages in order to satisfy an alleged $1,800 debt was unable to convince the Indiana Court of Appeals that the trial court had to issue the garnishment order.
A defendant who was convicted of robbery and rape, but whose rape conviction was vacated on double jeopardy concerns, can still be required to register as a sex offender as a condition of his probation, the Indiana Court of Appeals affirmed Thursday.
The Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter and the state’s burden of proof regarding sudden heat.
Declaring that states’ rights are being trampled and the 10th Amendment is in shambles, the leader of the Indiana Senate is calling for a “gathering of states” to amend the U.S. Constitution.
The 7th Circuit Court of Appeals reversed a Southern District Bankruptcy judge Thursday, finding the judge incorrectly ruled that competition was unnecessary in a plan of reorganization involving a shopping center.
Lawyers for Don Marsh continue to hammer home their claims that the former supermarket CEO's expenses for lavish travel were widely accepted as normal business costs.
Indiana Court of Appeals
Robert Powell v. State of Indiana (NFP)
15A04-1207-CR-375
Criminal. Affirms sentence following guilty plea to Class B felony criminal deviate conduct.
Term. of the Parent-Child Rel. of: A.C., Minor Child, K.W., Mother, and J.C., Father v. Indiana Dept. of Child Services (NFP)
02A04-1206-JT-300
Juvenile. Affirms involuntary termination of parental rights of mother and father.
Julia Patterson v. State of Indiana (NFP)
49A02-1204-CR-300
Criminal. Reverses order Patterson pay $50 supplemental public defender fee and remands for proceedings consistent with the opinion.
Lee Ross v. State of Indiana (NFP)
61A01-1207-CR-306
Criminal. Affirms convictions of three counts of Class A misdemeanor cruelty to an animal.
Term. of the Parent-Child Rel. of: T.B., M.B., and L.B., (Minor Children), and J.B., (Father) v. Indiana Dept. of Child Services (NFP)
02A03-1207-JT-336
Juvenile. Reverses termination of father’s parental rights and remands with instructions that the trial court enter additional findings to support its judgment.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
United States of America v. Jesus Uribe
11-3590
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Criminal. Affirms decision granting Uribe’s motion to suppress heroin found after traffic stop. The government failed to show that the officer had reasonable suspicion to stop Uribe’s vehicle to investigate why its registration was tied to a white Nissan whereas the Nissan Uribe was driving was blue. Investigatory stops based on color discrepancies alone are insufficient to give rise to reasonable suspicion.
Finding that a bank did not receive proper notice in order to file a claim against an estate, the Indiana Court of Appeals reversed summary judgment in favor of the estate of Samuel Tolley on the bank’s two claims.
The Indiana Supreme Court issued an order Monday refusing to order mediation in the lawsuit filed by Democratic lawmakers after some of their pay was withheld following legislative walkouts in 2011 and 2012.
In light of the recent decision by the U.S. Supreme Court in Smith v. United States, 133 S. Ct. 714 (2013), the 7th Circuit Court of Appeals’ Pattern Jury Instruction Committee has revised the withdrawal instructions.
Indiana Attorney General Greg Zoeller announced Wednesday that CVS has agreed to a settlement to resolve allegations that its pharmacists submitted illegal billings for prescriptions to Medicaid for reimbursement.