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Opinions Dec.22, 2014 ILD

Indiana Court of Appeals
Sprit Food Mart, Inc., Keystone Marathon, Inc., and Fours Investment Group, Inc., v. RS Petroleum, Inc. (NFP)
49A02-1308-PL-732
Civil plenary. Affirms final partial judgment in favor of RS Petroleum in a lease dispute.

In the Matter of the Term. of the Parent-Child Relationship of: D.H. and J.H. and H.G. and J.H. v. The Ind. Dept. of Child Services (NFP)
35A02-1407-JT-474
Juvenile. Affirms termination of parental rights.

Matthew Lucas Major v. State of Indiana (NFP)
53A01-1404-CR-158
Criminal. Affirms convictions and 90-year sentence for six counts of Class A felony child molesting.

James W. Tate v. State of Indiana (NFP)
84A04-1403-CR-140
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class A misdemeanor resisting law enforcement.

Heidi Carpenter v. State of Indiana (NFP)
49A02-1405-CR-348
Criminal. Affirms felony murder conviction.

 

Opinions Dec. 22, 2014

7th Circuit Court of Appeals
United States of America v. Milford J. Clark
12-1417
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms conviction for bank robbery. Clark was not deprived of his Sixth Amendment right to proceed pro se. Any errors in admission of evidence were harmless since Clark met the physical description of the robber and his DNA was found at the bank.

7th Circuit upholds bank robbery conviction despite errors

Although a federal court in Indianapolis committed some errors in admitting certain evidence at a man’s bank robbery trial, those errors were harmless based on DNA evidence and the defendant matching the robber’s description, the 7th Circuit Court of Appeals held Friday.

Tax Court invalidates contract distinction in administrative regulations

In ruling for a national home improvement chain on whether it had to collect sales tax from customers who used its contractor services, the Indiana Tax Court invalidated a distinction contained in Department of Revenue administrative regulations regarding the type of contract a contractor uses.

COA affirms 100-year sentence for 2 murders

A man with a history of mental illness was unable to convince the Indiana Court of Appeals that his 100-year sentence for his role in the murder of two market employees in Elkhart is inappropriate.

Marion County sheriff sued for illegal detentions

The Marion County Sheriff’s Office is facing a proposed class-action lawsuit from defendants who were jailed in some cases for days after being found not guilty, posting bond or being ordered released by a judge.

Jury awards Indiana teacher nearly $2M in firing over IVF

A federal jury awarded a former teacher nearly $2 million Friday after finding that a northern Indiana Roman Catholic diocese discriminated against her by firing her after church officials learned she was trying to get pregnant through in vitro fertilization.

Gov. Pence hasn’t issued single pardon in 2 years

Gov. Mike Pence, who has said he wants Indiana to be a leader in giving criminals who've served their time a second chance, hasn't granted a single pardon during his first two years in office.

Disputed Nativity scene will stay up until Dec. 26

A county in southeastern Indiana reached an agreement Friday with a group suing to force the removal of a Nativity scene on the courthouse lawn that will allow the decades-old display to remain in place through Christmas.

Jury rules for Indiana woman in firing over IVF

A federal jury ruled Friday that a northern Indiana Roman Catholic diocese discriminated against a former teacher in one of its schools by firing her after church officials learned she was trying to get pregnant through in vitro fertilization.

Sugarland, promoter settle with state fair victims

Country duo Sugarland, concert promoter Live Nation and 16 other defendants have agreed to pay $39 million to settle claims stemming from the deadly 2011 Indiana State Fair stage collapse, lawyers for the victims and their families announced Friday.

Opinions Dec. 19, 2014 ILD

Indiana Court of Appeals
Joseph D. Haskins III v. State of Indiana (NFP)
18A02-1408-CR-553
Criminal. Affirms revocation of probation.

Daniel L. Scarpinato v. State of Indiana (NFP)
64A04-1403-CR-146
Criminal. Affirms denial of good-time credit for pretrial incarceration.

Mary (McNutt) Tuite v. Mark McNutt (NFP)
30A04-1406-DR-280
Domestic relation. Affirms court’s valuation of the Chevrolet HHR and reverses portion of the court’s order and remands with instructions that it issue a new order that accounts for the gross and net rental income from the rental property in the marital estate.

In the Matter of the Termination of the Parent-Child Relationship of: B.A., Minor Child, and A.A., Father v. The Indiana Department of Child Services (NFP)
19A01-1406-JT-257
Juvenile. Affirms termination of parental rights.

Karachi Warren v. State of Indiana (NFP)
49A04-1405-CR-225
Criminal. Affirms convictions of Class C felonies robbery and criminal confinement. Remands for the court to apply 207 days of credit time to Warren’s sentence.

Mack A. Jake v. State of Indiana (NFP)
49A02-1406-CR-409
Criminal. Affirms conviction of Class D felony battery on a law enforcement officer.

Sophia L. Masters v. Ryan E. Masters (NFP)
30A01-1406-DR-238
Domestic relation. Dismisses Sophia Masters’ appeal of the grant of Ryan Masters’ petition for a temporary order restraining her from moving the parties’ children out of state.

Karla J. Shafer v. State of Indiana (NFP)
13A04-1405-CR-239
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a controlled substance.

Michael D. Dague v. State of Indiana (NFP)
02A04-1405-CR-208
Criminal. Affirms sentence for Class D felony battery.

In Re the Paternity of T.T.: L.H. v. L.T. and D.N. (NFP)
49A02-1404-DR-270
Domestic relation. Affirms order granting the petition to modify custody of T.T. filed by father D.N.

Keisha Hollis, on behalf of herself and all others similarly situated v. Defender Security Company d/b/a Defender Direct (NFP)
49A04-1404-PL-156
Civil plenary. Affirms order dismissing Hollis’ action against Defender Security Co.
 

Opinions Dec. 19, 2014

Indiana Court of Appeals
Christopher Duncan v. State of Indiana
09A05-1312-CR-613
Criminal. Reverses conviction of identity deception because the state did not prove that the name and birth date Duncan falsely gave to police belonged to a real person. Remands with instructions to vacate that conviction and sentence as well as the conviction and sentence for Class D felony pointing a firearm because of double jeopardy principles. Also remands for the court to reduce his resisting law enforcement conviction to a Class A misdemeanor due to double jeopardy principles.

T-Mobile settles ‘mobile cramming’ suit

For the second time in three months, Hoosiers who have a mobile phone may be eligible for a refund after T-Mobile USA Inc. settled a national lawsuit over “cramming” practices.

Woman committed UPL, forgery in divorce filing

A Marion County woman who forged a name and attorney number on a divorce filing had her criminal convictions upheld Friday by the Indiana Court of Appeals. The woman gave false attorney information because she didn’t want the litigant to have to watch a video about filing pro se.

Fired IDEM employee entitled to unemployment benefits

The Indiana Court of Appeals found a 25-year state employee did not breach a duty reasonably owed to her employer when she failed to meet monthly quotas because she thoroughly reviewed cases instead of quickly approving expenses.

Justices suspend Muncie City Court judge

The Indiana Supreme Court issued an order Thursday suspending Dianna L. Bennington, the Muncie City Court judge who faces 13 counts of misconduct.