Hamilton County seeks an out to avoid referendum for renovation
Hamilton County leaders are asking state legislators for relief from a 2008 law that requires all capital projects costing more than $12 million be put to a vote.
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JQC asks justices to suspend Muncie City Court judge
A Muncie City Court judge hit with a disciplinary proceeding last week should be suspended from the bench, the Judicial Qualifications Commission argued in a petition submitted to the Indiana Supreme Court Monday.
On 3-2 vote, justices deny transfer in Camp Tecumseh case
Litigation over a proposed large-scale hog farm opposed by a neighboring YMCA camp in northern Indiana won’t be reviewed by the Indiana Supreme Court. Justices decided last week in a 3-2 decision to deny transfer on the issue of where the case should be heard.
Federal bill gives equal treatment to IOLTA funds held at credit unions
After months in limbo, a bill passed by the U.S. Senate Thursday will extend insurance coverage for IOLTA accounts.
UPDATE: City picks Paris-based group to build justice center
The city of Indianapolis will pay Paris-based WMB Heartland Justice Partners $1.6 billion over 35 years for a new justice center.
Opinions Dec. 12, 2014 ILD
Indiana Court of Appeals
Jeremy K. Blue v. State of Indiana (NFP)
45A03-1404-CR-113
Criminal. Affirms convictions and aggregate 80-year sentence for murder and Class B felony robbery.
Jerry Horton v. State of Indiana (NFP)
34A02-1405-CR-375
Criminal. Dismisses as moot an appeal challenging revocation of probation.
Opinions Dec. 12, 2014
Indiana Court of Appeals
Central Mutual Insurance Company v. Motorists Mutual Insurance Company
49A04-1405-CT-214
Civil tort. Affirms on interlocutory appeal the trial court order denying Central’s motion for partial summary judgment and granting Motorists’ motion for partial summary judgment. The trial court did not err in finding that Central provided primary coverage to a truck driver injured in a crash and that the Motorists policy provided excess coverage only when the limits of the Central policy had been reached.
Dissenting judge: Man justified in beating would-be thief
A man who caught a trespasser trying to steal a license plate shouldn’t have been convicted of battery for whacking the intruder with a broom handle and then landing a few haymakers, a dissenting judge held Friday.
Appeals court affirms partial judgment in insurance dispute
A Marion Superior Court’s ruling granting partial summary judgment in a dispute between insurance companies was affirmed Friday by the Indiana Court of Appeals.
Frost Brown Todd names Heather Wilson member-in-charge
Heather L. Wilson has been named member-in-charge of the Indianapolis office of Frost Brown Todd LLC effective Jan. 1, 2015, the firm announced. Wilson will succeed Nelson D. Alexander, who has led the office since 2004.
City picks Paris-based group to build justice center, report says
The city of Indianapolis has chosen Paris-based WMB Heartland Justice Partners as the winning bidder to develop its new justice center, WTHR-TV Channel 13 reported Friday morning.
Woman charged in deadly Indy house blast to get venue change
A woman who's one of three people charged in a deadly Indianapolis house explosion will stand trial in a different county.
Opinions Dec. 11, 2014 ILD
Indiana Court of Appeals
Larry Woods v. State of Indiana (NFP)
49A02-1405-CR-327
Criminal. Affirms conviction of Class A felony child molesting.
Keaton J. Miller v. Ryan Blackburn (NFP)
33A01-1407-SC-290
Small claim. Reverses trial court and finds that Miller is entitled to 12 months of back rental payments and late fees from Blackburn.
Timothy Wellbaugh v. State of Indiana (NFP)
49A02-1404-CR-271
Criminal. Remands for the trial court to assess Wellbaugh’s ability, if any, to pay the public defender fee.
In the Matter of the Termination of the Parent-Child Relationship of: B.B. and M.B. v. The Ind. Dept. of Child Services (NFP)
49A04-1404-JT-149
Juvenile. Affirms involuntary termination of parental rights.
Antwoine Young v. State of Indiana (NFP)
49A04-1405-PC-217
Post conviction. Affirms denial of petition for post-conviction relief.
Anthony Walls v. State of Indiana (NFP)
49A02-1405-CR-345
Criminal. Affirms conviction of Class D felony criminal recklessness.
Jeffrey S. Taylor v. State of Indiana (NFP)
18A02-1404-CR-266
Criminal. Affirms order that Taylor serve his previously suspended four-year sentence in the Department of Correction following his probation revocation.
Angela L. Blair v. State of Indiana (NFP)
03A01-1403-CR-132
Criminal. Affirms convictions of two counts of Class A misdemeanor possession of paraphernalia and one count of Class A misdemeanor conversion.
Benjamin T. Haines v. State of Indiana (NFP)
01A02-1407-CR-454
Criminal. Affirms revocation of probation and order Haines serve his previously suspended sentence.
Maron Jackson v. State of Indiana (NFP)
49A02-1405-CR-296
Criminal. Affirms conviction and sentence for murder.
D.B. v. State of Indiana (NFP)
49A02-1406-JV-376
Juvenile. Affirms order committing D.B. to the Department of Correction for a delinquent act that would be Class B felony burglary and Class D felony theft if committed by an adult, and the restitution order.
Jason D. Brown v. State of Indiana (NFP)
82A05-1403-CR-109
Criminal. Affirms conviction of Class A misdemeanor pointing an unloaded firearm at another person.
Opinions Dec. 11, 2014
7th Circuit Court of Appeals
Kevin L. Harold v. Christopher C. Steel and Peters & Steel LLC
14-1875
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms dismissal of Harold’s lawsuit under the Fair Debt Collection Practices Act, contending Steel and his law firm had violated 15 U.S.C. Section 1692e by making false statements. Harold sought to challenge a garnishment order entered in state court. The Rooker-Feldmen doctrine bars his lawsuit.
Rooker-Feldman doctrine bars man’s lawsuit alleging false statements
A man challenging a garnishment order entered in state court should have challenged the order in that court system instead of filing a federal lawsuit, the 7th Circuit Court of Appeals ruled Thursday. The judges affirmed the dismissal of his suit based on the Rooker-Feldman doctrine.
Court properly allowed evidence identifying precursors used to make meth
A trial court did not abuse its discretion when it admitted an ingredient label and the testimony of a detective relating to the identification of three precursors commonly used to make methamphetamine, the Indiana Court of Appeals ruled.
Public voyeurism statute not unconstitutionally vague as applied, COA rules
A man who argued he lacked sufficient notice that the public voyeurism law prohibits his conduct because he filmed girls wearing bathing suits or a skort lost his case before the Indiana Court of Appeals Thursday.
Complaint properly dismissed for failure to comply with Trial Rule 3
Because the people suing a driver who allegedly caused a car accident sent their summons to the county clerk after the two-year statute of limitations expired, the trial court correctly granted the defendant’s motion to dismiss, the Indiana Court of Appeals ruled.
Judges affirm woman who emailed racist joke not entitled to unemployment benefits
A newspaper employee who emailed a racist joke to two co-workers was correctly denied unemployment benefits after she was fired, the Indiana Court of Appeals ruled.
Muncie City Court judge faces 13 counts of misconduct
The Indiana Judicial Qualifications Commission has filed disciplinary charges against a Muncie City Court judge, alleging she improperly incarcerated defendants and has failed to cooperate with the commission’s investigation into her conduct, which includes verbal altercations with her children’s father.