Judge counts his blessings while slowly going blind
George Pancol, judge of Madison Circuit Court 2, is going blind. The doctors can't agree why.
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Indiana woman who fought gay marriage ban dies of cancer
A terminally ill woman whose desire to have her same-sex marriage recognized by Indiana before she died helped galvanize efforts to overturn the state's gay marriage ban has lost her battle with cancer.
Ex-Martin County judge pleads guilty to failing to pay income tax
One-time Martin Circuit judge and county prosecutor Robert J. Howell pleaded guilty Friday to charges that he failed to pay more than $66,000 in taxes on receipts from his law firm in Loogootee.
Opinions Feb. 6, 2015 ILD
Indiana Court of Appeals
Max E. Long v. State of Indiana (mem. dec.)
07A05-1405-CR-222
Criminal. Affirms convictions of Class C felony operating a vehicle with lifetime suspension and Class A misdemeanor operating a vehicle while intoxicated, and revocation of probation.
In Re The Guardianship of Samantha R. Barton, Harriet Barton v. James P. Barton (mem. dec.)
85A02-1403-GU-213
Guardianship. Affirms appointment of James P. Barton guardian of Samantha R. Barton.
Tamara Krebs v. Michael C. Krebs (mem. dec.)
49A02-1402-DR-66
Domestic relation. Affirms order granting Michael C. Krebs primary physical custody of the parties’ two children.
Shannon Robertson v. State of Indiana (mem. dec.)
79A05-1407-CR-302
Criminal. Reverses intimidation conviction as double jeopardy with a conviction of attempted battery with a deadly weapon. Remands with instructions to vacate the intimidation conviction.
Opinions Feb. 6, 2015
Indiana Court of Appeals
Kirk R. Jocham v. Melba Sutliff
29A02-1406-DR-424
Domestic relation. Reverses order granting Sutliff grandparent visitation. The court ruled that Sutliff, the maternal grandmother, had no standing to petition for visitation when she did because her former son-in-law had remarried and the couple had adopted the grandchild after the death of Sutliff’s daughter, the grandchild’s mother.
Appeals court strips grandmother’s visitation, cites grandchild’s adoption
An Indiana Court of Appeals panel Friday stripped a maternal grandparent of visitation rights, finding she had no standing to seek visitation. The parents of the child had divorced, and the father remarried shortly after the mother’s death.
Gitmo’s future to be discussed at IU McKinney
Guantanamo Bay and its long-term consequences will be examined during the annual symposium of the Indiana International and Comparative Law Review at Indiana University Robert H. McKinney School of Law.
AG’s office offers guidance after Anthem hack
As federal authorities continue to investigate a hack of Anthem databases storing identifying details including names, addresses and Social Security numbers of about 80 million customers, the office of Attorney General Greg Zoeller released the following consumer question-and-answer for affected Hoosiers.
Bosma unsure about future of Sunday alcohol sales bill
The leader of the Indiana House of Representatives isn’t making any predictions on the fate of a proposal to legalize Sunday carryout alcohol sales.
Prosecutor: 50-plus warrants issued in Evansville meth ring
Vanderburgh County Prosecutor Nicholas Hermann said federal arrest warrants have been issued for more than 50 people allegedly involved in a meth-trafficking ring that funneled the drug into the area from four other states.
Opinions Feb. 5, 2015 ILD
Indiana Court of Appeals
William Temple v. New Castle Correctional Facility (mem. dec.)
33A01-1408-MI-336
Miscellaneous. Grants petition for rehearing and affirms denial of petition for post-conviction relief.
Marques Love v. State of Indiana (mem. dec.)
49A02-1406-PC-436
Post conviction. Affirms denial of petition for post-conviction relief.
James Stewart v. State of Indiana (mem. dec.)
71A05-1406-CR-287
Criminal. Affirms felony murder conviction and sentence.
State Farm Fire and Casualty Company v. Scott C. Smith (mem. dec.)
45A04-1407-PL-336
Civil plenary. Reverses judgment for Smith on his lawsuit for breach of contract. Remands with instructions that a new appraisal in compliance with policy terms take place.
J.W. v. P.B. (mem. dec.)
16A01-1406-DR-239
Domestic relation. Affirms order reducing P.B.’s child support obligation.
William N. Perry v. State of Indiana (mem. dec.)
01A05-1402-CR-55
Criminal. Affirms convictions of Class C felony child molesting and Class D felony intimidation.
Opinions Feb. 5, 2014
7th Circuit Court of Appeals
Richard Wagoner v. Bruce Lemon, commissioner of the Indiana Department of Corrections, and Indiana Department of Corrections
13-3839
U.S. District Court, Northern District of Indiana, South Bend Division, Magistrate Judge Christopher A. Nuechterlein.
Civil. Affirms summary judgment in favor of the commissioner and DOC on Wagoner’s claims of violations of Section 1983 and Title II of the ADA and the Rehabilitation Act. Wagoner did not show that he was denied access to any service or program because of his disability. Stresses it is better practice to hold a Pavey hearing separate from and before considering a motion for summary judgment.
COA reverses confinement conviction, cautions prosecution on future statements
The Indiana Court of Appeals reversed a Lake County man’s Class B felony criminal confinement conviction because the trial court erred in admitting out-of-court statements by an alleged accomplice.
Hamilton County establishing veterans court
A veterans court could be up and running in Hamilton County within 45 days after the county council on Wednesday approved startup funding.
Anthem data breach already sparks class-action lawsuit
Less than 12 hours after Anthem Inc. reported hackers had stolen data on as many as 80 million current and former customers, Indianapolis attorney Irwin Levin already was preparing a class-action lawsuit against the company.
7th Circuit affirms carjacking enhancement stemming from bank robbery
The 7th Circuit Court of Appeals quickly dismissed a defendant’s argument that his sentence for bank robbery should not include a two-level sentence enhancement for carjacking because the keys to the car were obtained by rummaging through the victim’s purse and not through force or intimidation.
7th Circuit stresses holding Pavey hearing separate from summary judgment hearing
The 7th Circuit Court of Appeals affirmed summary judgment for the Indiana Department of Correction and its commissioner on a disabled inmate’s claims of violations of the Americans with Disabilities Act and the Rehabilitation Act. The judges also suggested that courts do not hold a Pavey hearing at the same time as a hearing on a motion for summary judgment.
Defendant must try to prevent crime discovery for statute of limitations to toll
In dealing with an issue of first impression, the Indiana Supreme Court found a robbery charge should be dismissed because it was filed outside of the statute of limitations. The state argued the defendant had concealed evidence of the crime, thus tolling the five-year statute of limitations.
Opinions Feb. 4, 2015 ILD
Indiana Court of Appeals
George Layton v. State of Indiana (mem. dec.)
58A05-1406-CR-292
Criminal. Affirms sentence following guilty plea to one count of Class B felony conspiracy to commit dealing methamphetamine.
Glenn Beard v. State of Indiana (mem. dec.)
49A05-1312-CR-618
Criminal. Affirms felony murder conviction.
Jason E. Morales v. State of Indiana (mem. dec.)
82A01-1405-PC-206
Post conviction. Affirms denial of petition for post-conviction relief.
Elwin Hart v. State of Indiana (mem. dec.)
49A05-1406-PC-273
Post conviction. Affirms denial of petition for post-conviction relief.
Jerome Sumlin v. State of Indiana (mem. dec.)
49A02-1406-CR-434
Criminal. Affirms convictions and sentence for Class B felonies conspiracy to commit dealing in a narcotic drug, dealing in a narcotic drug and possession of a firearm by a serious violent felon.
Opinions Feb. 4, 2015
Indiana Court of Appeals
Loren H. Fry v. State of Indiana
09A05-1404-CR-178
Criminal. Affirms felony murder conviction. Concludes the state properly corroborated the hearsay evidence it submitted in support of its request for a search warrant for Fry’s home, circumstantial evidence supports his conviction, there was no prosecutorial misconduct or an error by the court in denying his jury instruction on mere presence.