Attorney staged his own shooting, authorities say
A southern Indiana attorney who reported he was shot at McCormick’s Creek State Park on June 25 staged his own shooting, authorities say.
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US complaint: Plymouth reservist deprived of benefits
A U.S. Air Force reservist was illegally denied longevity pay when he returned to his job as a police officer in Plymouth, according to a federal complaint.
Appeals court affirms tax sale notice statute unconstitutional
The Indiana Court of Appeals on Monday affirmed a trial court ruling denying a petition for a tax deed after a Bartholomew County tax sale, finding that the court was correct in ruling that the state’s statutory notice violated the 14th Amendment guarantee of due process.
In-court marijuana field test ruled error, but not reversible
An appeals court panel ruled that a deputy’s in-court field test to prove a substance was marijuana should not have been allowed, but it declined to use the error as a basis to reverse a man’s misdemeanor conviction.
Justices deny transfer in 16 cases
The Indiana Supreme Court denied transfer in 16 cases it reviewed in the week ending July 13, according to the transfer list released Monday.
Opinions July 13, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Robert Hatcher v. State of Indiana (NFP)
49A02-1111-CR-1075
Criminal. Reverses and remands trial court revocation of probation, holding that the court could not conclude that Hatcher knowingly, intelligently and voluntarily waived his right to counsel.
Michael J. Gosnell v. State of Indiana (NFP)
79A02-1110-CR-951
Criminal. Affirms trial court sentence after guilty plea on a charge of conspiracy to commit robbery while armed with a deadly weapon.
Swammi, Inc., f/k/a Swami, Inc. v. Shambaugh, Kast, Beck, Williams, LLP and John S. Bloom (NFP)
02A01-1109-PL-417
Affirms jury verdict that defendants were not liable for legal malpractice.
Alpha Holder, Jr. v. State of Indiana (NFP)
45A03-1111-CR-516
Criminal. Affirms trial court sentence of nine years executed for convictions of Class C felony fraud on a financial institution and being a habitual offender.
Donald Humphrey v. State of Indiana (NFP)
75A04-1111-CR-607
Criminal. Affirms trial court convictions of Class C felony intimidation and Class D felony intimidation.
Devonte Rogers v. State of Indiana (NFP)
49A02-1111-CR-1015
Criminal. Affirms trial court convictions of Class B felony criminal deviate conduct and two counts of Class D felony criminal confinement.
Nancy J. Ferguson and Nyla R. Hamilton v. Natalie A. Watkins (NFP)
28A01-1201-PL-7
Civil plenary. Affirms trial court’s denial of ruling setting aside motion to set aside a deed in favor of Watkins.
Term. of the Parent-Child Rel. of B.M. and A.M. (Minor Children) and J.R. (Mother) v. The Indiana Dept. of Child Services (NFP)
79A02-1112-JT-1189
Juvenile/termination of parental rights. Affirms termination of parental rights.
Opinions July 13, 2012
Indiana Court of Appeals
John W. Schoettmer and Karen Schoettmer v. Jolene C. Wright and South Central Community Action Program, Inc.
49A04-1108-CT-406
Civil tort. Affirms summary judgment in favor of Wright and South Central Community Action Program Inc., finding that the plaintiffs did not timely file notice as governed by the Indiana Tort Claims Act.
Appeals court upholds rape conviction
A man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an attempt to refresh the victim’s memory.
Divided appeals court affirms summary judgment for community action program
A divided Indiana Court of Appeals panel on Friday affirmed a Marion Superior Court ruling that dismissed a case against a government-funded agency because the victims in a vehicle accident failed to provide notice under the Indiana Tort Claims Act.
Court reverses ruling in Plymouth church insurer’s suit against contractors
The Indiana Court of Appeals reinstated an insurer’s case against contractors who built a Plymouth church gymnasium addition in 2008 in which the basketball court floor was ruined when a frozen sprinkler burst eight months later.
BrightPoint settles 2 suits against rival Brightstar
Indianapolis-based BrightPoint Inc. has agreed to settle two lawsuits it brought against similarly named rival Brightstar Corp.
Opinions July 12, 2012 ILD
Indiana Court of Appeals
Robert L. Jackson v. State of Indiana (NFP)
27A02-1112-CR-1122
Criminal. Affirms conviction of Class B felony possession of cocaine within 1,000 feet of a family housing complex.
Anthony K. McCullough v. State of Indiana (NFP)
49A02-1110-CR-955
Criminal. Reverses revocation of probation.
Jocelyn Allen v. State of Indiana (NFP)
49A02-1111-CR-1053
Criminal. Affirms conviction of Class A misdemeanor OWI with endangerment and remands for the trial court to vacate the conviction for Class C misdemeanor OWI.
Jeffrey A. Booth v. State of Indiana (NFP)
84A01-1111-CR-560
Criminal. Affirms revocation of probation and imposition of the entirety of Booth’s suspended 4-year sentence.
Alejandro Prado v. State of Indiana (NFP)
48A02-1110-CR-1094
Criminal. Affirms convictions of Class C felonies criminal confinement resulting in bodily injury and battery resulting in bodily injury to a pregnant woman; Class D felony strangulation, Class A misdemeanor domestic battery, and Class B misdemeanor disorderly conduct.
Anthony Ray Ewing v. State of Indiana (NFP)
45A03-1109-CR-447
Criminal. Affirms conviction of Class C felony battery.
In the Matter of Child Alleged to be a Child in Need of Services: D.L. (Minor Child), and K.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
82A05-1111-JC-628
Juvenile CHINS. Affirms order finding D.L. a child in need of services.
Term. of Parent-Child Rel. of T.A.B.; T.B. (Father) v. The Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A02-1111-JT-1062
Juvenile termination. Affirms involuntary termination of parental rights.
Norrene Sullivan v. Kindred Nursing Center (NFP)
93A02-1202-EX-143
Agency appeal. Remands to the Worker’s Compensation Board with instructions that it enter new findings of fact and conclusions of law consistent with the opinion with regards to Sullivan’s application for adjustment of claim.
Kevin Taylor v. State of Indiana (NFP)
20A03-1112-CR-563
Criminal. Affirms conviction and sentence for murder.
Indiana Tax Court posted no opinions at IL deadline.
Opinions July 12, 2012
7th Circuit Court of Appeals
Carlene M. Craig, et al. v. FedEx Ground Package System Inc.
10-3115
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Multidistrict litigation. Certifies two questions to the Kansas Supreme Court in a suit that was based on the Employee Retirement Income Security act and Kansas law regarding whether FedEx drivers are employees or independent contractors. Craig is the “lead” case in a nationwide class action.
Justices order new trial for Ripley County man
A Ripley County man convicted of conspiring to commit burglary is entitled to a new trial due to ineffective assistance of his trial counsel and prosecutorial misconduct, the Indiana Supreme Court held.
Payment changes for appellate filing fees in Northern District
Beginning Monday, the U.S. District Court in the Northern District of Indiana will require online credit card payments, via CM/ECF, for filing fees associated with civil and criminal notices of appeal.
7th Circuit certifies questions for Kansas Supreme Court
The 7th Circuit Court of Appeals was unable to determine under Kansas law how that state’s Supreme Court would rule on whether FedEx drivers are employees or independent contractors, so the court sent two certified questions to the Kansas justices.
Man who killed girlfriend may be retried for reckless homicide
The post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the same charge, but may face retrial for reckless homicide.
42 members of Indianapolis motorcycle club indicted
In what has been described by Southern District U.S. Attorney Joseph Hogsett as the largest federal organized crime prosecution in Indianapolis history, 42 members of the Outlaws Motorcycle Club in Indianapolis have been indicted on various offenses, including extortion and drug charges.
Supreme Court Justice Rucker to run for retention
Indiana Supreme Court Justice Robert Rucker will stand for retention, ending speculation that he might become the fourth justice to step down in the last two years.
Deadline to accept State Fair settlement extended
The Office of the Indiana Attorney General, at the request of attorneys representing claimants in lawsuits stemming from the stage collapse at the Indiana State Fair in August 2011, has moved the deadline to respond to a settlement offer to Aug. 1. The original deadline was Friday.