Criminal code and expungement bills signed by governor
Indiana Gov. Mike Pence signed two bills today that could significantly transform Indiana’s criminal judicial system.
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Lugar: Votes for Obama Supreme Court nominees carried heavy cost
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.
Opinions May 6, 2013 ILD
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.
Opinions May 6, 2013
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.
Statehouse leaders honor former Gov. Otis Bowen
Leaders of the Indiana General Assembly expressed their sorrow for the passing of former Indiana Gov. Otis Ray Bowen.
Mobile home park’s occupancy rate not enough to reduce property assessment
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.
Tax Court denies excess levy sought by IndyGo
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.
Store owner’s ‘Spice law’ prosecution may proceed, COA rules
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.
Jackson County juvenile home to be renamed for judge
The Jackson County Juvenile Home will be renamed this week for a judge who was instrumental in its founding nearly 35 years ago.
Justices take Star appeal regarding naming of online commenter
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.
More than half of Conour’s inventoried assets gone, feds say
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.
Opinions May 3, 2013 ILD
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.
Opinions May 3, 2013
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.
Indy 7th Circuit Conference to host Roberts, Kagan, Lugar
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.
Justices will visit Lake County for arguments in drug case
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.
Drug court road trip to make northern Indiana stops
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.
Opinions May 2, 2013 ILD
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.
Opinions May 2, 2013
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.
COA: Successive Prosecution Statute not applicable to theft case
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.
Clothing labels and security tags not considered hearsay evidence
The Indiana Court of Appeals ruled Thursday that clothing from the store H & M that bore the company name and security tags attached to the clothing could be admitted at a woman’s trial for theft from the store on Black Friday.