Class A felony sentences not inappropriate under Appellate Rule 7(B)
Two convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were not inappropriate under Appellate Rule 7(B).
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Justices block Schiralli’s Lake County bench transfer
The Indiana Supreme Court blocked the transfer of a judge who sought to replace former Lake Superior Juvenile Court Judge Mary Beth Bonaventura after her appointment to head the Department of Child Services.
Opinion May 16, 2013 ILD
Indiana Court of Appeals
Tammy Spengler v. State of Indiana (NFP)
88A01-1207-CR-318
Criminal. Affirms trial court acted within its discretion in admitting the jailhouse recordings of Spengler’s conversation with her co-defendant and mother, and the evidence is sufficient to sustain her convictions of murder, aiding in murder and invasion of property. Affirms sentence is appropriate.
In the Matter of the Adoption of A.V.W. and R.V.W.; E.S. v. D.K. and J.K. (NFP)
55A05-1210-AD-551
Adoption. Affirms grant of D.K. and J.K.’s petitions to adopt the minor children.
Gregory Johnson v. State of Indiana (NFP)
49A02-1209-CR-709
Criminal. Affirms convictions of Class A felony dealing in cocaine and dealing in a narcotic drug.
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 May 16, 2013
Indiana Court of Appeals
Jason Lee Sowers v. State of Indiana
08A02-1208-CR-640
Criminal. Reverses convictions of Class D felonies criminal recklessness and resisting law enforcement. The bailiff improperly communicated with the jury foreperson, resulting in fundamental error. Remands for further proceedings. Judge Bradford dissents.
Bailiff’s communication with juror leads to reversal of convictions
The bailiff at a man’s trial for criminal recklessness and resisting law enforcement improperly communicated with the jury foreperson regarding reaching a verdict, leading the Indiana Court of Appeals to reverse Jason Lee Sowers’ convictions.
COA: Man knowingly pleaded guilty to fraud charge
A post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to the separate charges in one agreement.
Indianapolis law firm Stewart & Irwin closing
An Indianapolis law firm with a broad range of representation and diverse clientele plans to close its doors after more than 90 years.
Opinions May 15, 2013 ILD
Indiana Court of Appeals
Lee Yoder v. State of Indiana (NFP)
17A03-1206-CR-294
Criminal. Affirms conviction of Class B felony arson.
Hugo Torres v. City of Hammond (NFP)
45A03-1210-OV-430
Local ordinance violation. Affirms denial of Torres’ motion to dismiss for lack of personal jurisdiction.
Christopher S. Edwards v. State of Indiana (NFP)
73A01-1210-CR-446
Criminal. Affirms denial of Edwards’ motion to withdraw guilty plea.
Maria Collaros v. Gary Community School Corp. (NFP)
93A02-1212-EX-1034
Agency appeal. Affirms conclusion that Collaros is not permanently and totally disabled.
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 May 15, 2013
Indiana Court of Appeals
Richard J. Bond and Janet A. Bond, et al. v. Templeton Coal Company, Inc.
42A01-1209-PL-419
Civil plenary. Affirms summary judgment for Templeton Coal Co. on its complaint to quiet title to certain mineral interests. Considering Section 2’s ambiguity, the rule to strictly construe acts in derogation of the common law, and the Mineral Lapse Act’s underlying purposes, holds that Section 2 of the Act is limited in its retroactive application to only the twenty-year period immediately preceding the effective date of the Act, or September 2, 1951.
COA rules for first time on retroactivity of Mineral Lapse Act
The Indiana Court of Appeals has held that a portion of the Mineral Lapse Act is limited in its retroactive application to only the 20-year period immediately proceeding the Sept. 2, 1971, effective date of the Act.
US Chief Justice Roberts to speak at LaPorte alma mater
United States Chief Justice John G. Roberts will find himself in a familiar place later this month when he delivers the commencement speech at La Lumiere School in LaPorte. Roberts is a 1973 graduate of the school.
Court reform grant applications due July 1
Courts that would like financial help to implement recommended improvements have until July 1 to apply for grants from the Division of State Court Administration.
Opinions May 14, 2013 ILD
Indiana Court of Appeals
David A. Warner v. State of Indiana (NFP)
07A05-1207-CR-386
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class B misdemeanor possession of a switchblade.
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 14, 2013
Indiana Supreme Court
State of Indiana v. John Doe
49S00-1201-CT-14
Civil tort. Reverses judgment declaring I.C. 34-51-3-4, -5, and -6 impermissibly inconsistent with Article 1, Section 20 and Article 3, Section 1 of the Indiana Constitution. The cap and allocation scheme of punitive damages does not infringe upon the right to a jury trial, and the cap does not offend the separation of powers. Remands with instructions to grant Stewart’s motion to reduce the punitive damages to the statutory maximum and order that 75 percent of the award be deposited in the Violent Crime Victim Compensation Fund.
Justices rule in favor of Vincennes Girl Scouts in dispute over camp
Indiana Code 32-17-10-2 is unconstitutional as applied retroactively to a land-use restriction in a Vincennes Girl Scout organization’s deed requiring an Illinois Girl Scout group to use deeded land as a camp for 49 years.
Convenience stores sue to be able to sell cold beer
The Indiana Petroleum Marketers and Convenience Store Association has filed a complaint in federal court challenging the law governing the sale of cold beer. Convenience stores, pharmacies and groceries are unable to sell cold beer under current law.
Justices: Punitive damages cap, allocation do not violate Indiana Constitution
The Indiana Supreme Court unanimously reversed a Marion Superior judge’s 2011 decision in a sex-abuse case that held the statutes that cap punitive damages and dictate their allocation violate the Indiana Constitution.
Father’s testimony at molestation trial not fundamental error
The Indiana Court of Appeals upheld a Lake County man’s conviction of Class C felony child molesting, rejecting the defendant’s claims that some of the victim’s father’s testimony at trial resulted in fundamental error.
Man gets 90 years for murder of girlfriend
St. Joseph Superior Judge Jerome Frese sentenced a South Bend man to 90 years for murdering his girlfriend in October 2009. This is the second time Brice Webb has been convicted and sentenced for Cherlyn Reyes’ death.
Carr’s formal swearing in as bankruptcy judge Tuesday
The United States District Court for the Southern District of Indiana will hold the investiture ceremony for U.S. Bankruptcy Judge James M. Carr Tuesday at the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis.