Charges filed in 2nd case in Gary killings
A man who told police he killed seven women in Indiana now faces charges in a second death.
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Zoeller details casino millions funneled to E. Chicago pols
A former Indiana Democratic Party chairman and a longtime Lake County political activist enriched themselves with millions of dollars in casino revenue, Indiana Attorney General Greg Zoeller announced Wednesday, closing the book on long-running litigation that resulted in a $154,042 settlement payment to the city of East Chicago.
COA affirms seizure of gun from apartment without search warrant
The Indiana Court of Appeals has affirmed a man’s misdemeanor handgun charge after finding the police did not need a search warrant to retrieve the gun after the man placed it inside an apartment in view of the officers.
IU Maurer enticing students to come ‘Back Home Again’
Former Indiana residents may be able to attend Indiana University Maurer School of Law at the cost of in-state tuition, thanks to a new scholarship program announced Tuesday by the law school.
Opinions Oct. 22, 2014 ILD
Indiana Court of Appeals
Richard P. Gorman v. State of Indiana (NFP)
82A05-1403-CR-135
Criminal. Affirms denial of motion for release of bond.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of N.D., J.G., and S.D. (Minor Children) and S.D. (Mother) v. Indiana Department of Child Services (NFP)
49A02-1402-JT-125
Juvenile. Affirms termination of parental relationship.
Christopher Stull v. State of Indiana (NFP)
31A03-1403-CR-110
Criminal. Affirms 12-year sentence for Class B felony operating a vehicle with a Schedule I or II controlled substance causing death.
Bernard E. Harris v. State of Indiana (NFP)
10A01-1404-CR-152
Criminal. Affirms sentence for two counts of child molesting as Class A felonies.
Margaret Walton v. Claybridge Homeowners Association, Inc. (NFP)
29A04-1402-MF-87
Mortgage foreclosure. Affirms denial of Walton’s motion for relief from judgment under Trial Rule 60(B) and denial of Claybridge’s request for appellate fees.
Bryan M. Strickler v. State of Indiana (NFP)
18A02-1401-CR-42
Criminal. Affirms 100-year sentence for two counts of Class A felony child molesting.
Darcell McCants v. State of Indiana (NFP)
79A04-1311-CR-591
Criminal. Affirms order denying motion for presentence credit time.
Benjamin Willis, II v. State of Indiana (NFP)
64A03-1401-CR-30
Criminal. Affirms conviction and sentence for Class A felony battery.
Michael Huffman v. State of Indiana (NFP)
48A02-1308-CR-731
Criminal. Affirms order denying motion to correct erroneous sentence.
David G. Taylor v. State of Indiana (NFP)
48A04-1405-CR-220
Criminal. Reverses and remands denial of motion to correct erroneous sentence.
The following opinion was misclassified as a not-for-publication in IL Daily Tuesday.
Georon Harris v. State of Indiana
02A03-1402-CR-73
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a permit. Finds Harris’ Fourth Amendment and Article 1, Section 11 rights were not violated when officers opened the door of an apartment to retrieve the gun placed on the floor inside by Harris as officers watched.
Opinions Oct. 22, 2014
Indiana Supreme Court
Gary Wayne Oswalt v. State of Indiana
35S02-1401-CR-10
Criminal. Oswalt preserved appellate review of three for-cause challenges of prospective jurors, but because the trial court was within its discretion to deny all of them, affirms his convictions. Holds as a matter of first impression that parties satisfy the exhaustion rule the moment they use their final peremptory challenge, regardless of whom they strike. Also holds that if parties fully comply with the exhaustion rule and demonstrate they were unable to remove any prospective juror for lack of peremptories, appellate courts may review denial of any motion to strike for cause, regardless of whether a challenged juror actually served on the jury.
COA: Bank should be allowed to intervene in foreclosure matter
The Indiana Court of Appeals reversed the denial of JPMorgan Chase Bank’s motion to intervene in a homeowners association’s attempt to foreclose on a home to fulfill a judgment. The COA found that the bank did not have actual notice of a pending action against the homeowner in 2007, as the association argued.
COA: Gas station did not commit spoliation regarding mat
The Indiana Court of Appeals affirmed a lower court’s decision to not instruct a jury in a personal injury action regarding the spoliation of evidence. Margaret Dawson, the injured party, had ample time to inspect the mat she tripped on before the store replaced it.
Justices rule on ‘exhaustion rule’ issue
The Indiana Supreme Court tackled issues of first impression Wednesday involving peremptory challenges and removing jurors for cause. The justices held that parties satisfy the “exhaustion rule” the moment they use their final peremptory challenge – regardless of whom they strike.
Majority reverses termination of incarcerated father’s parental rights
Finding the state did not prove that the parental rights of a man – who learned he was a father while incarcerated pending trial – should be terminated, two of the three judges on a Court of Appeals panel reversed.
Judges say Circuit split requires clarification from sentencing commission
A panel of judges on the 7th Circuit Court of Appeals affirmed a man’s 117-month prison sentence on drug and weapons charges, but two judges believed the case should have been heard en banc based on the importance of a sentencing issue.
Court reverses $1,660 attorney fee award in parenting time action
Because there is nothing in the record to show the court considered the resources of the parties when it awarded a guardian $1,660 in attorney fees, the Indiana Court of Appeals reversed Wednesday.
Daughter’s cheating negates father’s obligation to pay for college
Finding that the “F” a Purdue University student received after her teacher discovered the student plagiarized comments from other students amounted to disciplinary action from the school, the Indiana Court of Appeals upheld the decision that her father no longer had to pay a portion of her school expenses based on a previous court order.
Officers’ entry into home to chase bloodied dog unreasonable, justices rule
The Indiana Supreme Court ruled Tuesday that drug evidence obtained by police after they entered a home without a warrant to capture an aggressive dog should not have been admitted at the defendant’s trial. The justices held the search violated Article I, Section 11 of the Indiana Constitution.
Indiana man was violent long before 7 killings
With hindsight, there were signs years ago of increasing violence against women by Darren Vann, who police say has confessed to killing seven women in northwestern Indiana and is scheduled to appear in court Wednesday.
Indiana responds to convicted ex-officer’s appeal
Indiana has responded to a former Indianapolis police officer's appeal of his convictions in a fatal drunken driving crash.
Court hearing set for Gary man linked to 7 deaths
A Gary man who police say confessed to killing one woman, helped investigators find six other bodies and indicated there may be more is scheduled to make his first court appearance.
Judges participate in public forum asking ‘Is Indianapolis the next Ferguson?’
A public forum in Indianapolis between law enforcement and the community meant to discuss ways the Circle City could avoid exploding like Ferguson, Missouri, instead highlighted the distrust local residents have of police officers.
Judge must face federal lawsuit over drug court detentions
Clark Circuit Judge Jerome Jacobi must face a federal lawsuit from drug court participants who allege they were improperly detained or unlawfully arrested as participants in the problem-solving court he oversaw.
Split COA reverses denial of post-conviction relief
A defense attorney’s failure to raise the consecutive sentencing limitation prejudiced his client, the majority of a Court of Appeals panel ruled, reversing denial of post-conviction relief for a man convicted of multiple burglaries. The court remanded for resentencing to trim six years off a 28-year prison term.