Trial of surgeon in murder plot may be moved
A northern Indiana surgeon accused of plotting to kill his ex-wife and make it look like suicide could get a change of venue for his upcoming trial.
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Woman convicted in deadly wrong-way crash appears in court
Attorneys for an Indianapolis woman convicted of killing six children and a 40-year-old man in a head-on traffic collision asked a judge for a new trial Thursday, arguing in part she had inadequate legal counsel.
Indiana’s high court hears IBM welfare case
Indiana's Supreme Court justices grilled attorneys for the state and IBM Corp. on Thursday about the company's failed attempt to privatize Indiana's welfare services, which prompted the state to cancel IBM's $1.3 billion state contract less than three years into the 10-year deal.
Opinions Oct. 30, 2014 ILD
Indiana Court of Appeals
Michael W. Anderson v. State of Indiana (NFP)
45A03-1402-PC-55
Post conviction. Affirms denial of petition for post-conviction relief.
Christopher Hopkins v. State of Indiana (NFP)
79A02-1403-CR-216
Criminal. Affirms sentence for two counts of Class C felony sexual misconduct with a minor and one count of Class D felony possession of marijuana.
E.I. v. State of Indiana (NFP)
49A05-1403-JV-137
Juvenile. Affirms determination E.I. is a delinquent for committing what would be Class B felony child molesting and Class C felony child molesting if committed by an adult.
Letitia Kurabara v. Creative Real Estate Property Management (NFP)
48A02-1402-SC-83
Small claim. Affirms there is an agency relationship between Kurabara and a family friend she rented her house to. Affirms damages award in the amount of $4,724.29, but it is not clear the court accounted for the $1,365 in payments retained by Creative Real Estate Property Management, which managed the property. Remands for further proceedings.
Opinions Oct. 30, 2014
Indiana Supreme Court
Wayne A. Campbell v. State of Indiana
13S05-1410-PC-682
Post conviction. Affirms denial of petition for post-conviction relief, finding no ineffective assistance by trial counsel for, in part, failing to object to an instruction on the definition of “intentionally.” The second sentence of the contested instruction serves to emphasize the heavy burden placed on the state to prove that a defendant acted intentionally.
Southern District accepting applications for new part-time magistrate
A part-time magistrate position has become available in the New Albany location of the U.S. District Court for the Southern District of Indiana, thanks to authorization from the Judicial Conference of the United States.
Judges reverse teen’s adjudication for resisting law enforcement
Citing lack of evidence, the Indiana Court of Appeals reversed an Indianapolis teen’s adjudication as a juvenile delinquent for committing what would be Class A misdemeanor resisting law enforcement if committed by an adult. None of his actions suggested any criminal activity was afoot.
Man didn’t prove ineffective assistance of counsel
The Indiana Supreme Court affirmed the denial of post-conviction relief for a man who charged his attorney was ineffective for not doing a better job arguing the sufficiency of the evidence to prove the defendant conspired to commit dealing cocaine.
Justices: Pattern Jury Instruction 9.05 is correct statement of law
Clearing up confusion among the courts as to whether a jury instruction regarding the definition of “intentionally” can include that the defendant intended to “cause the result” of his conduct, the Indiana Supreme Court affirmed Pattern Jury Instruction 9.05 represents a correct statement of the law.
Midwest rappers, others charged with fraud
Members of an Indiana-based rap group called RACK Boyz and other suspects from Illinois made hundreds of thousands of dollars in a bank fraud scheme that included wooing participants through social media and Internet videos, federal and state authorities said Wednesday.
Woman convicted in deadly crash returning to court
A woman convicted 13 years ago of killing seven people in a head-on collision that prosecutors said was a suicide attempt is headed back to court.
Not guilty pleas for suspect in 7 Indiana deaths
A judge recorded not guilty pleas Wednesday for a former Marine who is charged with murder in the strangulation deaths of two women found in northwestern Indiana and is suspected of killing five others.
Court orders more proceedings on injured subcontractor’s negligence lawsuit
Finding genuine issues of material fact exist in a negligence lawsuit as to the general contractor’s role in a subcontractor’s injury, the Indiana Court of Appeals reversed summary judgment and ordered further proceedings.
Justices reverse judgment for defendants in suit involving student’s death
The Indiana Supreme Court has ordered further proceedings in a negligence lawsuit filed by the parents of a special needs student who died after choking on her lunch at school. The justices found there are questions as to whether the parents complied with tort claim notice requirements, so judgment in favor of the defendants is not proper.
Court affirms dismissal of lawsuit alleging malicious prosecution
The 7th Circuit Court of Appeals upheld the decision to dismiss a man’s Section 1983 lawsuit claiming malicious prosecution by a police officer and bank, finding the man never presented a viable constitutional violation to support the claim.
Owner not entitled to more cash for building destroyed by fire
The Indiana Court of Appeals affirmed that the owner of a building leased to a Bloomington pet shop that was destroyed by a fire in 2008 is only entitled to the actual cash value of the building and not the replacement cost.
Judges reverse order that man pay ex-wife $95,000 in attorney fees
The Indiana Court of Appeals ruled Wednesday that the arbitrator in a contentious divorce proceeding erred when she ordered the husband to pay $95,000 in attorney fees to his ex-wife.
Bankruptcy cases filed at lowest number since 2007
The total number of bankruptcy cases filed in federal courts for the fiscal year 2014 dropped 13 percent as compared with FY 2013, the Administrative Office of the U.S. Courts announced Wednesday. This is the lowest number of bankruptcy filings for any 12-month period since 2007.
Opinions Oct. 29, 2014 ILD
Indiana Court of Appeals
Joel McGee v. State of Indiana (NFP)
29A02-1406-CR-413
Criminal. Affirms order revoking probation and reinstating 365 days of McGee’s previously suspended sentence.
Mauricio Reyes-Flores v. State of Indiana (NFP)
49A02-1404-CR-275
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Auto-Owners Insurance Company v. Edward Foster (NFP)
18A05-1403-PL-107
Civil plenary. Affirms judgment that Bill Gaddis Chrysler Dodge’s insurer, Auto-Owners Insurance Co., has a duty to defend and indemnify the dealership in a personal injury accident involving a car it owned.
Alvin Donald Grisby v. State of Indiana (NFP)
82A04-1402-CR-68
Criminal. Affirms conviction of Class B felony conspiracy to commit dealing in methamphetamine.
Brent Wroblewski and Gretchen Wroblewski v. Angelo G. Valle (NFP)
45A03-1404-CT-137
Civil tort. Affirms judgment entered on the jury’s verdict in favor of Valle on the Wroblewskis’ lawsuit against him alleging negligence and loss of consortium following an auto accident.
James M. Burton v. State of Indiana (NFP)
02A03-1403-CR-98
Criminal. Affirms convictions of two counts of Class A felony child molesting and 40-year aggregate sentence.
Jeremy J. Turner v. State of Indiana (NFP)
90A02-1403-CR-222
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.
Opinions Oct. 29, 2014
7th Circuit Court of Appeals
Marshall G. Welton v. Shani J. Anderson, et al.
13-3336
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Civil. Affirms dismissal of Welton’s claims of malicious prosecution, violations of the Fourth and 14th amendments and state law violations. Welton failed to state a predicate constitutional violation in support of his malicious prosecution claim and failed to show the requisite malice.