Judge allows Corcoran to appeal denial of habeas corpus
Joseph Corcoran, who has been sentenced to death for killing four men in 1997, will be allowed to appeal the denial of his petition for habeas corpus to the 7th Circuit Court of Appeals.
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Opinions March 29, 2013 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court were closed Friday in observance of Good Friday.
Opinions March 29, 2013
7th Circuit Court of Appeals
Phillip Jackson and Deborah Jackson v. Bank of America Corp., et al.
12-3338
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms dismissal of the Jacksons’ action to quiet title and claims that all or some of the defendants negligently evaluated the Jacksons’ ability to repay the loan and that the loan contract was substantively and procedurally unconscionable. The Jacksons can’t show that the institutions actually owed them a duty, and they failed to allege facts that would support any unconscionability determination in Indiana.
Man may not have drug sentence reduced after pleading guilty
The 7th Circuit Court of Appeals affirmed the denial of a defendant’s request to reduce his sentence after he pleaded guilty to distributing crack cocaine. The judges also pointed out concerns with the use of a form order in his case.
Kenley appears warm to boost in Odyssey funding
Senate Appropriations Chairman Luke Kenley, R-Noblesville, on Thursday signaled he supported a boost in funding for the Odyssey case management system and other court technology functions, after proposed funding was reduced in the House budget plan.
7th Circuit rules against homeowners on quiet title action
A Hamilton County couple who went into default on their home mortgage loan had the dismissal of their action to quiet title and claims of negligence and unconscionability upheld Friday by the 7th Circuit Court of Appeals.
Judge: State can’t enforce 2 parts of immigration law
U.S. Judge Sarah Evans Barker has ruled that the state can’t enforce two sections of the Indiana law dealing with immigration: one dealing with arrests and one dealing with the use of consular identification cards for identification.
Bill reforming criminal code passes Senate committee
The first comprehensive overhaul of Indiana’s felony statutes in more than 35 years passed the Senate Committee on Corrections and Criminal Law Thursday by a vote of 8-1.
Judge rules in favor of Caterpillar in tax deduction dispute
Indiana Tax Judge Martha Wentworth granted summary judgment to Caterpillar Inc. Thursday, finding the company’s foreign source dividends are deductible in calculating its state net operating losses available for carryover as a deduction from taxable income in future years.
COA budget request delays Appeals on Wheels webcasts
A modest increase requested over the next two budget cycles won’t include technical upgrades to allow webcasts of traveling Court of Appeals oral arguments, Chief Judge Margret Robb told the Senate Appropriations Committee on Thursday.
Opinions March 28, 2013 ILD
Indiana Court of Appeals
Howard Osborne and Kimberly Easterday v. Tina R. Berger and Carla Hill, co-personal representatives of the Estate of Elbert H. Osborne, deceased (NFP)
85A04-1209-ES-482
Estate. Affirms order which approved the co-personal representatives’ amended petition for a final account in the estate.
Jami M. Martin v. State of Indiana (NFP)
03A01-1209-CR-402
Criminal. Affirms sentence for Class D felonies possession of cocaine and maintaining a common nuisance.
Jamarcus Cain v. State of Indiana (NFP)
02A03-1207-CR-335
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.
Daymon Holbert v. State of Indiana (NFP)
49A05-1209-PC-455
Post conviction. Affirms denial of petition for post-conviction relief.
J.W. v. Review Board of the Indiana Dept. of Workforce Development and DeGood Dimensional Concepts, Inc. (NFP)
93A02-1205-EX-432
Agency action. Affirms denial of claim for unemployment benefits.
William Baxter v. State of Indiana (NFP)
49A04-1205-PC-248
Post conviction. Affirms denial of petition for post-conviction relief.
Steven Reynolds v. State of Indiana (NFP)
29A04-1208-CR-423
Criminal. Affirms conviction of Class D felony intimidation.
Tyrone Bell v. State of Indiana (NFP)
71A05-1207-CR-393
Criminal. Affirms conviction of Class D felony theft and the habitual offender enhancement.
William J. Caudill v. State of Indiana (NFP)
20A03-1206-CR-274
Criminal. Affirms conviction of Class D felony battery resulting in bodily injury.
Ricky Outlaw v. Indiana Dept. of Corrections, Keith Butts, Rick Talley, Bruce Lemon, and Alan Finnan (NFP)
48A02-1210-CT-889
Civil tort. Affirms dismissal of negligence complaint Outlaw filed against the Indiana Department of Correction, Commissioner Bruce Lemmon, Superintendent Alan Finnan, and Ricky Talley, in their individual and official capacities.
Term. of the Parent-Child Rel. of D.K. (Minor Child) and B.K. (Mother) and D.B.K. (Father) v. The Indiana Dept. of Child Services (NFP)
82A01-1208-JT-367
Juvenile. Affirms termination of parental rights.
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 March 28, 2013
Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.P., and J.A. v. The Indiana Department of Child Services
49A02-1208-JT-643
Juvenile. Affirms termination of parental rights. Mother J.A.’s due process rights were not violated, and there was sufficient evidence to support the termination.
Concerns about CHINS petitions raised during budget hearings
After the Indiana Department of Child Services made its presentation to the Senate Appropriations Committee Thursday, the discussion quickly turned to Child in Need of Services petitions.
Defendant in neighborhood explosion now faces conspiracy to commit murder charge
Mark Leonard, one of three arrested and charged for an explosion in an Indianapolis neighborhood that killed two people, has been charged with Class A felony conspiracy to commit murder. The Marion County Prosecutor’s Office alleges he attempted to arrange a murder-for-hire plan while in jail on charges stemming from the explosion.
Prosecutor can’t grant use immunity to parents of injured infant
The Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
Mother not denied due process by not having appointed counsel in CHINS case
While disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld the termination of mother J.A.’s parental rights to her son G.P.
Pence appoints Hostetler to St. Joseph bench
Indiana Gov. Mike Pence announced Thursday that he has selected Steven L. Hostetler to replace St. Joseph Superior Chief Judge Michael P. Scopelitis when he retires June 3.
Senators skeptical of funding Odyssey access for public defenders
Senate budget writers appeared skeptical of a request Thursday to spend more than $2.1 million over the next four years to give public defenders statewide the same access to case management systems that prosecutors, judges and others have in many counties.
Opinions March 27, 2013 ILD
Indiana Court of Appeals
Marc Stults v. State of Indiana (NFP)
11A05-1210-CR-534
Criminal. Affirms conviction of Class D felony failure to register as a sex or violent offender.
Pamela A. Thompson v. Carroll E. Thompson (NFP)
33A01-1210-DR-454
Domestic relation. Affirms in part and reverses in part the dissolution of the Thompsons’ marriage. The record supports the court’s finding on and determination in finding that Pamela Thompson incurred only $3,000 in home repair costs during the pendency of the dissolution. Remands for further proceedings regarding a pension’s value.
In Re Paternity of G.K., A Minor Child; K.D.K. v. N.K. (NFP)
20A03-1209-JP-400
Juvenile. Affirms determination that husband K.D.K. failed to overcome the presumption that G.K. was a child of his marriage to wife N.K.
William D. Everage, Jr. v. State of Indiana (NFP)
48A04-1207-CR-391
Criminal. Affirms 253-year aggregate sentence imposed for various convictions committed against five child victims, including 12 counts of Class A felony child molesting.
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 March 27, 2013
Indiana Court of Appeals
Terrence J. Fuqua v. State of Indiana
02A03-1207-CR-342
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class B felony unlawful possession of a firearm by a serious violent felon, Class D felonies possession of a controlled substance and dealing in marijuana, and Class A misdemeanor possession of paraphernalia. The investigating detectives had reasonable suspicion to search Fuqua’s trash, and the subsequent search warrant was supported by probable cause. The trial court acted within its discretion when it admitted evidence seized during the execution of the search warrant.