Dickson to deliver first State of the Judiciary
Chief Justice Brent Dickson will deliver his first State of the Judiciary address to the Indiana General Assembly at 2 p.m. EST on Jan. 23.
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AG asks Supreme Court to review Gingerich conviction
The Indiana Court of Appeals reversal of an adult murder conspiracy conviction of a then-12-year-old should be reviewed by the state Supreme Court, Attorney General Greg Zoeller said in a statement late Thursday.
Speedway agreement pledges ADA compliance
Indianapolis Motor Speedway announced Thursday it will pursue full compliance with the Americans with Disabilities Act in what an attorney involved in the matter said could be the largest settlement agreement under the 1990 law.
Opinions Jan. 10, 2013 ILD
Indiana Court of Appeals
Marc Warren v. State of Indiana (NFP)
49A04-1206-PC-301
Post conviction. Affirms denial of petition for post-conviction relief.
Carl E. Bowman v. State of Indiana (NFP)
35A02-1205-CR-431
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony possession of methamphetamine, Class B felony conspiracy to commit dealing in methamphetamine and Class A misdemeanor possession of paraphernalia.
Miguel Castillo v. State of Indiana (NFP)
46A03-1204-CR-158
Criminal. Affirms convictions and sentence for Class B felony criminal confinement, Class C felony battery, Class D felony strangulation and for being a habitual offender.
Opinions Jan. 10, 2013
Indiana Supreme Court
Andre Gonzalez v. State of Indiana
45S03-1206-CR-307
Criminal. Reverses denial of petition to remove the lifetime registration requirement and remands for further proceedings. Finds the Ex Post Facto Clause of the Indiana Constitution prohibits retroactive application of a lifetime registration requirement for Gonzalez, whose requirement to register for life was added while he was completing the 10-year required registration as a sex offender that was in place at the time due to his child solicitation conviction. Justice Rucker concurs in result.
Justices find man not required to register for life as sex offender
The Indiana Supreme Court held Thursday that based on the facts of a Lake County man’s case, a 2006 amendment requiring him to register for life as a sex offender violates the Ex Post Facto Clause of the Indiana Constitution. The amendment took effect after Andre Gonzalez fully served his sentence and during the 10-year period of his required registration.
Justices adopt changes to parenting time guidelines
The Indiana Supreme Court has issued a 33-page order that spells out the changes to the state’s parenting time rule and guidelines. The amendments take effect March 1, 2013.
Bill on habitual offender filing deadline moves out of committee
The Senate Committee on Corrections & Criminal Law voted this week to move legislation that will allow an indictment or information to be amended to include a habitual offender charge at any time before trial, as long as the amendment doesn’t prejudice the substantial rights of the defendant.
Project honoring retired chief justice is exceeding expectations
The art project to honor retired Indiana Chief Justice Randall T. Shepard is continuing to draw contributions as the unveiling of the winning design nears.
Opinions Jan. 9, 2013 ILD
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
Indiana Court of Appeals
Aaron Johnson v. State of Indiana (NFP)
32A01-1206-CR-270
Criminal. Affirms conviction of Class D felony battery.
Marty L. Armes v. State of Indiana (NFP)
28A01-1207-CR-299
Criminal. Affirms probation conditions are not ambiguous, overbroad, unconstitutionally vague or unreasonable, and the trial court’s sentence for two counts of Class B felony sexual misconduct with a minor is not inappropriate.
Brian E. Green v. State of Indiana (NFP)
63A04-1203-CR-141
Criminal. Affirms interlocutory order denying motion to suppress evidence seized after officers stopped the vehicle in which Green was a passenger.
Jack Lee v. State of Indiana (NFP)
29A02-1205-CR-384
Criminal. Affirms conviction and sentence for Class A misdemeanor operating a vehicle while intoxicated.
Troy Crim v. State of Indiana (NFP)
49A02-1204-CR-276
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class C misdemeanor.
Gerald Mickens v. State of Indiana (NFP)
49A02-1112-PC-1162
Post conviction. Affirms denial of petition for post-conviction relief.
Juan C. Duarte-Lopez v. State of Indiana (NFP)
20A03-1205-PC-238
Post conviction. Affirms denial of petition for post-conviction relief.
Opinions Jan. 9, 2013
7th Circuit Court of Appeals
United States of America v. Michael D. Weir
11-3321
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Criminal. All the judges on the original panel have voted to deny the petition for rehearing and no judge in regular active service asked for a vote on the petition for rehearing en banc. The petition is therefore denied. Weir complained that his Fourth Amendment rights were violated when a police officer seized $6,655 from him during a traffic stop.
Judge supports denying rehearing, but disagrees with colleagues’ rationale
The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.
Evidence supports wife entitled to protective order against husband
A Tippecanoe County man appealing the issuance of a protective order against him lost his case before the Indiana Court of Appeals Wednesday. The appellate court concluded that the evidence showed his wife is a victim of domestic violence.
Indiana authors SCOTUS brief on legislative prayer
Indiana Solicitor General Thomas M. Fisher drafted an amicus brief filed in the Supreme Court of the United States Monday in Town of Greece, N.Y. v. Galloway, 12-696. The brief, joined by 17 other states, asks the nation’s highest court to grant cert petition and issue a ruling clarifying that prayer is permitted before legislative bodies without requiring leaders to screen prayers for sectarian references.
US Courts hope to make bankruptcy forms more user-friendly
The United States Courts announced Tuesday that it is seeking comment from the public on proposed updates to the bankruptcy forms used by individual debtors. These changes are the first proposed modernization of the forms in two decades.
Settlement without insurer’s consent is at builder’s expense
The 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding a settlement, the insurer has no obligation to pay for the cleanup.
Texas Roadhouse fire suit among 4 justices take
A lawsuit over liability for a fire that destroyed an Indianapolis steakhouse because hydrants were frozen and unusable will proceed to the Indiana Supreme Court.
Opinions Jan. 8, 2013 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions by IL deadline Tuesday.
Opinions Jan. 8, 2013
7th Circuit Court of Appeals
West Bend Mutual Insurance Co. v. Arbor Homes LLC
12-2274
U.S. District Court, Southern District of Indiana, Indianapolis Division, Magistrate Judge Tim A Baker. Affirms District Court ruling in favor of West Bend Mutual Insurance that it has no duty to defend or indemnify Arbor Homes. Arbor Homes agreed to a settlement with homeowners without obtaining the prior consent of West Bend after raw sewage backed up into their brand new home.
ITT agrees to pay Sallie Mae $46M to settle suit
Carmel-based ITT Educational Services Inc., one of the largest operators of for-profit colleges in the nation, has agreed to pay Sallie Mae Corp. $46 million to settle litigation related to a loan agreement between the two parties.