Southern District’s US attorney unsure of time in post
The new top federal prosecutor for central and southern Indiana has no idea how long he'll be in the job.
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Energy company waited too long to intervene in sale of oil and gas lease
The 7th Circuit Court of Appeals ruled against an appeal in a protracted case involving the sale of oil and gas leases in efforts to recoup money for victims defrauded by First Choice Management Services. The judges held the company seeking to intervene failed to do so in a timely manner.
Judges affirm convictions in fatal home invasion
The state presented sufficient evidence to support a man’s conviction of robbery, which was based on a theory of accomplice liability, the Court of Appeals ruled. The charge stems from a home invasion in St. Joseph County during a family gathering.
Court declines to review drug sentence based on new criminal code
A man who pleaded guilty earlier this year to dealing in oxycodone couldn’t convince the Indiana Court of Appeals that his sentence should be reconsidered based on the revised criminal code that took effect July 1.
Goshen attorney appointed as city court judge
Gov. Mike Pence has named Bodie J. Stegelmann as judge in Goshen City Court. Stegelmann currently is a partner at Yoder Ainlay Ulmer & Buckingham LLP, where he practices real estate law.
Indiana gives initial OK to off-site manure ponds
A state panel gave preliminary approval Wednesday to Indiana's first rules governing big stand-alone ponds and lagoons built to hold manure trucked in from livestock farms.
State asks 7th Circuit to stay same-sex marriage ruling
The Indiana attorney general’s office Wednesday asked the 7th Circuit Court of Appeals to stay its Sept. 4 order striking down Indiana’s ban on same-sex marriage.
US Supreme Court adds gay marriage to Sept. 29 agenda
The U.S. Supreme Court has formally added gay marriage cases to the justices' agenda for their closed-door conference on Sept. 29.
Opinions Sept. 10, 2014 ILD
Indiana Court of Appeals
Jay Sleet v. State of Indiana (NFP)
49A02-1311-CR-997
Criminal. Affirms conviction of Class C felony battery and the refusal by the court to award credit time for time served on pretrial home detention.
Melissa S. Johnson Mabie v. State of Indiana (NFP)
43A03-1404-CR-112
Criminal. Affirms revocation of probation.
Kokomo Board of Zoning Appeals v. Markland Properties, LLC, Thrust Inc. d/b/a Tease Bar, Brett Morrow and Dustin Ogle (NFP)
34A02-1312-MI-1081
Miscellaneous. Affirms order reversing the board of zoning appeals’ decision that Tease Bar increased the floor area of the business beyond the 10 percent expansion allowed under Kokomo’s zoning ordinance, and, therefore, Tease Bar could no longer operate its sexually oriented adult entertainment business as a legal-nonconforming use.
Roy Austin Smith v. State of Indiana (NFP)
49A02-1312-CR-1091
Criminal. Affirms denial of motion to correct erroneous sentence.
James McDuffy v. State of Indiana (NFP)
49A02-1401-CR-13
Criminal. Vacates McDuff’s conspiracy to commit kidnapping conviction, a Class A felony, on double jeopardy grounds and remands with instructions to vacate the sentence thereon. Affirms convictions of murder and Class A felonies kidnapping, attempted murder and robbery.
Donald Moss v. Progressive Design Apparel, Inc. (NFP)
49A05-1401-PL-3
Civil plenary. Affirms grant of preliminary injunction in favor of Progressive Design Apparel and remands for a determination of a proper bond because the order PDA pay a $100 bond is insufficient based on the damages estimated in the case.
Mary Ragon as Personal Representative of the Estate of Larry Ragon v. Eli Lilly & Company (NFP)
93A02-1402-EX-80
Agency action. Affirms ruling that Larry Ragon failed to meet his burden of proving by a preponderance of the evidence that he suffered from asbestosis.
Opinions Sept. 10, 2014
Indiana Supreme Court
Barbara J. Pohl v. Michael G. Pohl
32S04-1404-DR-245
Domestic relation. Reverses trial court and remands with instructions to apply the incapacity maintenance statute’s “substantial and continuing change in circumstances” standard to the evidence presented at the modification hearing. Any maintenance provision in a settlement agreement, regardless of its grounds, is modifiable only if the agreement so provides. The agreement in this matter contains such a provision.
Part of payday loan settlement funding new legal aid consumer project
Indiana Legal Services and Heartland Pro Bono Council will be using a portion of a class-action settlement to help Indianapolis residents who have battled payday loan companies or suffered other consumer rights abuses.
Court must hold hearing on injunction involving medical practice
A trial court’s assessment of the public interest regarding whether a doctor is prohibited under a noncompete agreement to practice within 25 miles of his former office in Rensselaer was contrary to law, the Indiana Court of Appeals held Wednesday. The judges reversed the denial of a motion for a preliminary injunction preventing the doctor from opening a new practice next door to his previous one.
COA orders judgment in favor of Lapel in annexation lawsuit
The city of Anderson does not meet the requirements to bring a declaratory judgment action to challenge the town of Lapel’s annexation of land in Madison County that Anderson once considered annexing.
Supreme Court provides clarity to maintenance agreement modification
If divorcing parties want to make judicial modification available for the maintenance agreements, they must say so in their contract, the Indiana Supreme Court pointed out Tuesday. Because a divorced couple’s maintenance agreement allowed for court intervention, the justices ordered the trial court to consider the wife’s request for modification.
Defendant cleared ‘low bar’ to require reversal of summary judgment
The Indiana Supreme Court reversed summary judgment in favor of the state on its motion for forfeiture of cash found on a man accused of dealing cocaine. The justices found the man’s “self-serving” affidavit specifically controverted the state’s prima facie case that the cash was connected to drug crimes.
Tax Court denies rehearing in charitable purposes exemption case
Tax Judge Martha Wentworth affirmed that a housing company in Bartholomew County failed to show that its rental properties qualified for a charitable purposes exemption for the 2006 tax year. The judge denied granting Housing Partnerships Inc.’s request for a rehearing.
Deal may be near in stage collapse suit
A lawsuit filed by victims of the 2011 Indiana State Fair stage collapse appears to be nearing a settlement, a mediator's report indicates, more than three years after the fatal accident that killed seven people and injured more than 40.
Closure of Indiana juvenile boot camp put on hold
State officials are delaying the closure of a paramilitary-style boot camp for juvenile offenders in northwestern Indiana.
Indiana files same-sex marriage petition with SCOTUS
In the race to get a same-sex marriage case before the Supreme Court of the United States this term, Indiana Attorney General Greg Zoeller’s office is arguing the state’s three lawsuits provide the best vehicle for resolving the same-sex marriage issue.
Opinions Sept. 9, 2014 ILD
Indiana Court of Appeals
Homer Ballard v. State of Indiana (NFP)
84A05-1310-CR-524
Criminal. Affirms Ballard’s conviction of two counts of robbery as Class B felonies and his 40-year aggregate sentence.
Lance Brownlee v. State of Indiana (NFP)
07A01-1312-CR-528
Criminal. Affirms conviction of Class A felony child molesting and Brownlee’s status as a credit-restricted felon, receiving one day credit for every six days served.
Monica L. Ritter v. State of Indiana (NFP)
05A02-1401-CR-52
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.
Todd A. Garland v. State of Indiana (NFP)
49A05-1403-CR-96
Criminal. Affirms conviction of forgery as a Class C felony and six-year sentence.
William Mallory v. State of Indiana (NFP)
84A01-1312-CR-555
Criminal. Affirms convictions of one count of murder, a felony; two counts of attempted murder, Class A felonies; and one count of carrying a handgun without a license, a Class A felony. Also affirms the aggregate sentence of 111 years.