Judges affirm 53-year sentence for bank shooting
The man who shot a pregnant teller in Indianapolis, leading to the death of her twins, had his sentence on remand upheld by the Indiana Court of Appeals.
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7th Circuit grants injunction in company’s suit against providing employees contraceptives
Finding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted an injunction Wednesday.
Governor appoints Bonaventura as DCS head
Gov. Mike Pence named Lake Superior Juvenile Senior Judge Mary Beth Bonaventura as director of the Department of Child Services Wednesday.
Opinions Jan. 30, 2013 ILD
Indiana Court of Appeals
Jill R. Kincer v. State of Indiana (NFP)
36A01-1207-CR-324
Criminal. Affirms revocation of probation.
David Arndell v. State of Indiana (NFP)
82A04-1206-CR-333
Criminal. Affirms conviction of Class D felony theft and 20-month sentence.
John D. Rogers v. State of Indiana (NFP)
88A01-1208-PC-373
Post conviction. Affirms denial of petition for post-conviction relief.
Kerry L. Williams v. State of Indiana (NFP)
20A03-1111-PC-519
Post conviction. Affirms denial of petition for post-conviction relief.
Demetrius Walker v. State of Indiana (NFP)
49A04-1205-CR-380
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
James A. Crouch v. State of Indiana (NFP)
53A05-1208-CR-417
Criminal. Affirms sentence following finding that Crouch violated several conditions of a drug treatment program.
Monique Rowe v. State of Indiana (NFP)
49A05-1204-JM-165
Juvenile. Affirms conviction of Class B misdemeanor failure to ensure school attendance.
Fernando Seba v. State of Indiana (NFP)
49A02-1207-CR-556
Criminal. Affirms convictions of Class A felony child molesting and two counts of Class C felony child molesting.
Noah Shane Warren v. State of Indiana (NFP)
63A01-1204-CR-165
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony neglect of a dependent as well as a habitual offender enhancement, but reverses conviction of Class D felony maintaining a common nuisance.
Michael Ramos v. Robertson's Apartments (NFP)
71A03-1203-SC-107
Small claim. Grants petition for rehearing to address a point Ramos raises regarding waiver for damages in excess of the small claims jurisdictional limit and affirms original decision in all respects.
Hobert Pittman v. State of Indiana (NFP)
31A01-1204-PC-158
Post conviction. Affirms denial of petition for post-conviction relief.
Kindred Nursing Centers, LTD Partnership d/b/a Wedgewood Healthcare v. Linda Davis (NFP)
93A02-1207-EX-553
Agency action. Affirms Worker’s Compensation Board’s determination that Davis’ injury arose out of her employment.
The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline. The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
Opinions Jan. 30, 2013
Indiana Court of Appeals
Peter F. Amaya v. D. Craig Brater, M.D., in his capacity as Dean and Director of Indiana University School of Medicine; The Board of Trustees of Indiana University; et al.
49A04-1204-PL-208
Civil plenary. Affirms summary judgment in favor of the medical school on Amaya’s claims including breach of contract and breach of good faith and fair dealing after he was dismissed from the school. Amaya didn’t designate evidence that the school’s decision was in bad faith, arbitrary or capricious.
Judges rule on ‘contentious’ child support dispute, again
For the second time, a “contentious” child support dispute has come before the Indiana Court of Appeals. The judges upheld most of the obligations imposed on the father but ordered the trial court to use a different income allocation factor regarding certain bonuses.
COA reverses former principal’s conviction for failing to immediately report student’s alleged rape
A split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.
Supreme Court vacates transfer in bond case
The Indiana Supreme Court issued an order Monday vacating transfer to a case it accepted in October.
Defense attorneys in Bales case trash former co-defendant
Indianapolis attorney and developer Paul J. Page is no longer a co-defendant in the fraud trial of real estate broker John M. Bales and a partner after agreeing to a plea deal, but you wouldn't know it from the action Tuesday in the U.S. District Court for the Northern District of Indiana.
Justices accept, rule on 1 case on transfer
The Indiana Supreme Court took just one case last week and issued its decision on the matter the same day.
Senate panel advances DCS oversight measure
A proposed commission that grew from a study committee examining problems at the Department of Child Services cleared the Senate Judiciary Committee Wednesday.
Indiana authors 2 amicus briefs in same-sex cases before SCOTUS
The issue of same-sex marriage is before the Supreme Court of the United States, and Indiana has authored one amicus brief and co-authored another arguing that the states should be able to define marriage.
Student kicked out of IU medical school loses on breach of contract claim
An Ohio man who was in his third year at Indiana University School of Medicine when he was dismissed for allegedly cheating couldn’t convince the Indiana Court of Appeals to overturn summary judgment for the school on his breach of contract claim.
Setting it straight
The Jan. 25 and Jan. 29 issues of IL daily reported that John Maciejczyk interviewed for the St. Joseph Superior Court vacancy and Andrew Straw had to cancel his interview. Maciejczyk did not interview and had to withdraw his application, and Straw did interview.
Bales defense: Elkhart deal was a ‘scheme to help’
Facing a looming deadline to find suitable office space for the state Department of Child Services and the prospect that abused or neglected children in Elkhart County could go without services, real estate broker John M. Bales and partner Bill Spencer in 2008 dipped into their own pockets to help close a difficult lease deal, their defense attorneys contend.
Opinions Jan. 29, 2013 ILD
Indiana Court of Appeals
Kelly Coots v. State of Indiana (NFP)
15A05-1203-CR-155
Criminal. Affirms sentence of a maximum of three years in prison on a conviction of Class D felony theft.
Jeffrey A. Booth v. State of Indiana (NFP)
84A01-1203-CR-118
Criminal. Affirms conviction of Class B felony dealing in methamphetamine and Class D felony possession of methamphetamime.
Rudy J. Smith v. State of Indiana (NFP)
53A04-1202-PC-280
Post conviction. Affirms denial of post-conviction relief.
Clarence Johnson v. Juana Johnson (NFP)
45A03-1202-DR-94
Domestic relations/dissolution. Affirms judgment of trial court in all respects.
Madelyn Smith v. State of Indiana (NFP)
49A02-1205-CR-408
Criminal. Affirms 10-year executed sentence for convictions of Class B felony neglect of a dependent, two counts of Class B felony battery, and three counts of Class D felony battery.
In Re: The Paternity of K.G.; J.G. and S.S. and A.S. (NFP)
49A05-1206-JP-307
Juvenile. Affirms trial court order awarding mother S.S. custody of daughter K.G.
Accessabilities, Inc. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1207-EX-551
Executive administration/worker’s compensation. Affirms Department of Workforce Development Review Board decision that an employee was not discharged for just cause.
Denise Polak and Dianne Rose and Dianne Rose, Lake County Trust Co., as Trustee for Trust #6041, and Jeanne Collins Living Trust, Dianne Rose, Trustee v. Tiffiny Jordan (NFP)
64A05-1205-PL-284
Civil plenary. Reverses trial court ruling joining Polak as a party to a suit filed by Jordan.
Ray Ortega v. Susko Corp., Inc., d/b/a Our Place (NFP)
45A03-1205-CT-219
Civil tort. Affirms trial court grant of judgment on the evidence in favor of Susko.
Lanard E. Foster v. State of Indiana (NFP)
02A04-1207-CR-390
Criminal. Affirms concurrent three-year sentences for convictions of Class D felony domestic battery in the presence of a child under age 16 and Class D felony domestic battery with a prior domestic battery conviction.
Indiana Supreme Court and Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Jan. 29, 2013
Indiana Court of Appeals
John Alden v. State of Indiana
30A01-1209-CR-412
Criminal. Affirmed trial court’s denial of petition to reduce Alden’s Class D felony conviction for operating while intoxicated to a Class A misdemeanor. In a review of the state statute covering the sentencing range for Class D felonies, the COA found the statute contained the word “may” instead of “shall” which gives the courts the freedom to deny petitions.
Lawmakers amend bill to restrict sex offenders’ access to social media
In response to a ruling by the 7th Circuit Court of Appeals, two Indiana lawmakers have introduced a proposal restricting sex offenders from using social media sites.
Statute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor
A Hancock County man will not have his felony conviction reduced to a misdemeanor after the Indiana Court of Appeals ruled the state statute gives the courts the freedom to decide whether to grant or deny a petition.
COA reversal of truck forfeiture allows movie fan to drive off into the sunset
In a reversal of a trial court’s ruling, the Indiana Court of Appeals held that a man who pleaded guilty to selling pirated movies should not have had his truck taken by the state because violating copyright is not the same as stealing goods