Allen Superior magistrate resigns suddenly
Allen Superior Magistrate Judge Marcia Linsky resigned Tuesday without prior notice.
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Judges uphold refund to pilot unhappy with plane rental’s service
A man who prepaid into an account to be used when he rented planes to fly is entitled to a refund of $1,755.88 from a company offering flight instruction and rentals, the Indiana Court of Appeals ruled. The judges rejected the company’s claims that the small claims court erred by ruling in the pilot’s favor.
Rehearing sidesteps state’s claims in battery case
On a petition for rehearing, the state claimed a recent decision by the Indiana Court of Appeals held that “a social worker would always be a declarant in child abuse cases, even when the social worker is merely a scribe.” But the judges disagreed and decided that this particular case is not the proper one to make such a blanket determination.
Man’s 100-year sentence for impregnating stepdaughter, dealing drugs upheld
After pleading guilty to child molesting and dealing in hydrocodone, a Dearborn County man was unable to convince the Indiana Court of Appeals Thursday that his 100-year aggregate sentence should be reduced.
401(k) contributions are income for child support calculation
The Indiana Court of Appeals Thursday affirmed that the money a father contributed to his 401(k) account during his marriage may be included as income for purposes as determining child support.
Amendment to law allows father to terminate child support
An amendment to Indiana Code last year lowering the age child support may be terminated to 19 trumped a previous dissolution decree that said a father must pay support for his son until he turns 21, the Indiana Court of Appeals has decided.
Medicaid expansion not dead but Legislature still divided
When talking about expanding Medicaid under the provisions of the Affordable Care Act, both sides of the aisle in the Statehouse focus on the same point – costs.
Settlement in works for teens expelled for online death threats
Griffith Public Schools and the three teens expelled from eighth grade because of a Facebook conversation are in the process of finalizing a settlement agreement, according to a joint status report filed Wednesday in federal court.
Monroe County attorney sentenced for counterfeiting
Philip Chamberlain, a Clear Creek attorney accused of stealing from his clients, was sentenced to community service Tuesday by Monroe Circuit Judge Teresa Harper.
Environmental groups lob new suit at I-69 work
An Indiana environmental group once again is attempting to stop construction of the Interstate 69 extension between Evansville and Indianapolis by filing suit in federal court.
COA upholds award of attorney fees but orders damages amount reduced against construction company
A claimed scrivener’s error on the Secretary of State’s website should not be held against the couple filing the lawsuit against a company, the Indiana Court of Appeals held. The error involving an incorrect address on the website was made by an employee of the company being sued more than two years before the suit was filed.
Opinions Feb. 27, 2013 ILD
Indiana Court of Appeals
Paula Tackett v. State of Indiana (NFP)
35A05-1205-CR-267
Criminal. Affirms convictions and sentence for Class A felony dealing in methamphetamine and Class B felony conspiracy to commit dealing.
Michael Chambers v. State of Indiana (NFP)
53A01-1209-CR-401
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor but remands to the trial court with instructions to impose concurrent sentences.
Jason A. Cafouras v. State of Indiana (NFP)
16A01-1208-CR-347
Criminal. Affirms conviction of Class A misdemeanor of driving while suspended.
Michael Merriweather v. State of Indiana (NFP)
49A05-1204-CR-159
Criminal. Affirms convictions of Class B felonies robbery and attempted robbery, Class A misdemeanor carrying a handgun without a license and Class C felony carrying a handgun without a license. Remands with instructions to correct the abstract of judgment and chronological case summary because they contain clerical errors.
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 Feb. 27, 2013
Indiana Court of Appeals
Lamont Holloway v. State of Indiana
49A02-1207-CR-548
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft. The evidence was sufficient to support the convictions.
Bill creating study of judicial retirement benefits moves to House
A Senate bill asking the Legislative Council to have the Pension Management Oversight Commission look at the retirement, disability and death benefits provided to judges and full-time magistrates passed out of the Senate Tuesday by a vote of 50-0.
Judges uphold man’s convictions for stealing from neighbor
Lamont Holloway argued that the state didn’t prove that he was the one who stole a television and gaming system from his neighbor, but the Indiana Court of Appeals held that the evidence supports his burglary and theft convictions.
Justices divided over vacating transfer in case seeking severance of offenses
Justice Robert Rucker wrote an 11-page dissent from his colleagues after three justices decided to vacate transfer to an appeal stemming from charges involving the alleged sexual assault of four victims.
Law school’s environmental symposium features senior adviser to EPA
Indiana University Robert H. McKinney School of Law’s sixth annual spring environmental symposium on March 1 includes keynote speaker Cameron Davis, a longtime advocate for Great Lakes conservation.
Man’s attempts to establish paternity denied
The Indiana Court of Appeals reversed denial of a mother’s two motions to dismiss her child’s father’s paternity actions instituted after her husband attempted to adopt the child.
Senate defeats DNA collection bill
Legislation that would require every person arrested after June 30 for certain crimes to submit a DNA sample failed to pass the Senate Tuesday.
Long expects Criminal Code revision will get Senate approval
Indiana’s first major rewrite of the state’s Criminal Code in more than 30 years is now in the hands of the Senate where the Senate leader believes it will ultimately be approved.