Judge’s description not impermissible judicial testimony
A Marion County judge who described the testimony to jurors as “heartfelt” did not overstep the prohibition against the judiciary acting as a witness.
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Opinions Aug. 3, 2015
7th Circuit Court of Appeals
Louise Milan v. Billy Bolin, in his individual capacity as Evansville Police Department Chief, et al.
15-1207
Appeal from the U.S. District Court, Southern District of Indiana, Evansville Division
Judge William Lawrence
Civil. Affirms denial of summary judgment in favor of the Evansville police defendants on Louise Milan’s claim of excessive use of force resulting from a SWAT team raid on her house initiated with the use of flash-bang grenades. Denial of the defendants’ motion for summary judgment is reasonable considering the use of flash bangs, the skimpy basis for the search and its prematurity, and the failure to conduct a more extensive investigation.
Job market somewhat improved for law school grads
The National Association for Law Placement’s new analysis of the job market heralded the first rise in the employment rate in eight years for new law school graduates. However, the uptick comes with two caveats – the method for measuring employment has been tweaked which could be contributing to the better rate and the small size of the 2014 class provides an improved jobs rate despite a lower actual number of jobs secured.
2015 conference of judicial PIOs kicks off in Indianapolis
Media liaisons and judicial spokespeople from around the United States are in Indianapolis for the 2015 annual meeting of the Conference of Court Public Information Officers Aug. 3 – 5. This is the first time the conference has visited Indiana.
7th Circuit blasts Evansville flash bang search, notes racial factor
Evansville police “committed too many mistakes to pass the test of reasonableness” in a bungled home search and are not shielded from a federal excessive force lawsuit, the 7th Circuit Court of Appeals ruled Friday.
Denial of disability benefits remanded for better explanation
A rejection of a claimant’s application for disability is being remanded after the 7th Circuit Court of Appeals found the “abstruse signals” in the denial did not sufficiently explain the reasons for disregarding new evidence.
Feds: Action taken to fix mistakenly awarded work permits
Problems have been fixed that led to about 2,100 work permits being mistakenly awarded under President Barack Obama's executive immigration action after a federal judge in Texas had put the plan on hold, the Justice Department said in newly filed court documents.
NCAA granted stay in O’Bannon case; payments delayed
The NCAA was given a respite Friday when the 9th U.S. Circuit Court delayed the implementation of possible payments to athletes for the use of their names, images and likenesses.
Cox to join Vanderburgh Circuit Court
Vanderburgh County will officially install its new magistrate with a swearing-in and robing ceremony at 9:30 a.m. Aug. 3 in the Vanderburgh Circuit Court.
Victim’s statements were dying declaration, COA rules
The Indiana Court of Appeals rejected the argument that the victim, who was shot multiple times and eventually did die, could not have made a dying declaration because paramedics repeatedly told him he would live.
Indiana clears Planned Parenthood of wrongdoing after videos
Indiana on Thursday cleared Planned Parenthood facilities that perform abortions in the state of any wrongdoing in the handling of fetal tissue.
Opinions July 31, 2015 ILD
Indiana Court of Appeals
Todd Crane v. State of Indiana (mem. dec.)
15A04-1501-CR-9
Criminal. Affirms aggregate four-and-a-half year sentence for pleading guilty to battery, as a Class D felony; criminal mischief, as a Class D felony; resisting law enforcement, as a Class A misdemeanor; criminal trespass, as a Class A misdemeanor; criminal mischief, as a Class A misdemeanor; and inhaling toxic vapors, as a Class B misdemeanor. Vacates conviction for criminal mischief, finding the conviction violates the prohibition against double jeopardy. Remands with instructions.
Jonathan Diaz v. State of Indiana (mem. dec.)
29A02-1502-CR-112
Criminal. Affirms revocation of Diaz’s probation, ordering him to serve 490 days of the previous 550-day suspended sentence.
Zachary D. Reinders v. State of Indiana (mem. dec.)
02A04-1501-CR-12
Criminal. Affirms 70-year aggregate sentence for murder and Level 2 felony robbery.
Jason L. Caldwell v. State of Indiana (mem. dec.)
28A01-1501-CR-24
Criminal. Affirms 111-year executed sentence for murder and Level 1 felony rape.
Kenneth George Wolfe v. State of Indiana (mem. dec.)
49A02-1504-CR-219
Criminal. Affirms 281-year sentences for Wolfe’s five attempted murder convictions.
Eric L. Davis, Sr. v. State of Indiana (mem. dec.)
71A03-1403-PC-82
Criminal. Affirms denial of petition for post-conviction relief.
Eric Joya v. State of Indiana (mem. dec.)
49A02-1409-CR-606
Criminal. Affirms convictions for Class B felony child molesting and Class C felony child molesting.
In the Matter of the Term. of the Parent-Child Relationship of: O.Q., a Minor Child, L.Q. v. Ind. Dept. of Child Services (mem. dec.)
41A05-1412-JT-587
Juvenile. Affirms the termination of the parental rights of L.Q. (mother) over her child, O.Q.
Kenyon Sanders v. State of Indiana (mem. dec.)
49A05-1412-CR-576
Criminal. Affirms judgment of trial court that the evidence was sufficient to prove beyond a reasonable doubt that Sanders was the person who shot the victim.
Danny Bailey v. State of Indiana (mem. dec.)
82A01-1501-CR-28
Criminal. Affirms denial of post-conviction petition.
Christopher M. Knight v. State of Indiana (mem. dec.)
02A03-1501-CR-29
Criminal. Affirms three-year sentence after guilty plea to Class D felony domestic battery.
Jeremy Thompson v. State of Indiana (mem. dec.)
22A04-1411-CR-534
Criminal. Affirms conviction of dealing in a schedule I controlled substance, a Class A felony.
Opinions July 31, 2015
Indiana Supreme Court
The following opinion was posted after IL deadline Thursday
In Re the Visitation of L-A.D.W., R.W. v. M.D. and W.D.
82S01-1507-DR-452
Domestic. Affirms trial court grant of grandparent visitation, finding visitation in the child’s best interests and that the trial court did not abuse its discretion in setting a schedule it deemed occasional and temporary. Justice Steven David wrote the majority opinion joined by Justices Brent Dickson and Mark Massa. Chief Justice Loretta Rush concurred, but wrote separately to caution that a reliance upon deference to the trial court insufficiently protects a parent’s constitutional right to guide a child’s upbringing, but in this case, the visitation order did not unduly infringe on father’s parental rights. Justice Robert Rucker joined Rush’s concurring opinion.
No evidence of officer’s injury voids restitution order
An Indianapolis trial court abused its discretion by ordering a man convicted in a physical altercation with police to pay more than $27,000 in restitution despite a lack of evidence he caused injuries that resulted in those medical bills.
Insurer off hook in Indy strip club shooting
A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.
Shepard and Metzger making history
The Indiana legal profession will celebrate a pair of firsts July 31, as two of its own receive national honors.
Justices reinstate grandparent visitation COA deemed excessive
The Indiana Supreme Court Thursday reinstated a trial court’s grandparent visitation order that included monthly overnight visits and other visitation that the Court of Appeals ruled was excessive.
Opinions July 30, 2015 ILD
Court of Appeals
Jeremy Farris v. State of Indiana (mem. dec.)
67A04-1411-CR-533
Criminal. Affirms post-conviction court’s denial of his motion for partial summary judgment.
Ashley L. Stapert v. State of Indiana (mem. dec.)
18A02-1411-CR-787
Criminal. Affirms convictions for two counts of Class A felony child molesting.
Walker Whatley v. State of Indiana (mem. dec.)
49A02-1411-PC-781
Post conviction. Affirms denial of Whatley’s petition for post-conviction relief.
Ronald Moore v. State of Indiana (mem. dec.)
09A02-1411-CR-792
Criminal. Affirms conviction and 18-year sentence with 10-year enhancement for one count of dealing in a schedule I controlled substance, a Class B felony.
Tammie D. Wasson v. State of Indiana (mem. dec.)
70A04-1504-CR-139
Criminal. Affirms seven-year aggregate sentence for conviction of Class B felony dealing in a controlled substance.
Opinions July 30, 2015
Indiana Supreme Court
Wellpoint, Inc. (F/K/A Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, AIG Europe (U.K.) Limited, et al
49S05-1404-PL-244
Civil plenary. Grants petition for rehearing to modify the Supreme Court’s previous opinion. Finds its reversal should be clarified to grant summary judgment in favor of Anthem but only on the issues raised in Continental’s motion of summary judgment. Holds Continental did not waive its unasserted defenses.
Justices affirm molestation conviction despite vouching testimony
A man’s conviction of Class C felony child molestation was affirmed Thursday by the Indiana Supreme Court, which held that even though improper vouching testimony was admitted in error, the defendant failed to preserve the issue for appeal.