Indiana Court Decisions – Dec. 25, 2013 to Jan. 7, 2014
Read recent appellate decisions from Indiana courts.
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SCOTUS adds IRA dispute in effort to avoid future chaos
In agreeing to hear an appeal on the question of whether retirement funds remain retirement funds after they are inherited, the Supreme Court of the United States seems to be acknowledging that what is today a rare question could arise more often as the population ages and more parents leave money to their children.
Living Fit: Maintain No Gain participants stay lean
I hope you realize anyone can make positive changes to their health, no matter the circumstances that impede your path. I hope you enlist the help of a buddy or coach to help motivate you to gain new habits and lose destructive behaviors.
Federal Bar Update: Court launches new website, case management plan
The Southern District’s website is revamped, with a new and improved look and feel. The case opinion search feature remains and allows searching by judge and/or date. It can be a useful tool to get recent standards, for instance, on common issues.
Inside the Criminal Case: Technology aids review of questioning technique
Danielle Kelly v. State is the first time that the Indiana Supreme Court has addressed law enforcement’s use of the “question first, Mirandize second” questioning technique. 997 N.E.2d 1045 (Ind. 2013). Kelly also provides additional focus on the role technology plays in the changing scope of suspect/law enforcement interaction.
Lawmaker targets burdensome pre-settlement funding by proposing cap on interest rates
Funding companies woo plaintiffs in need with promises of quick cash for their pending settlements without oversight in Indiana. That soon could change.
Inbox: Attorney proposes refund if student fails bar exam twice
Attorney Robert C. Thompson Jr. writes, "In response to Dean Klein’s article, “Law Schools can’t be good, fast and cheap,” I take exception to his premise."
Suspension may herald end of Kimberly Brown’s judicial career
Before suspended Marion Superior Judge Kimberly Brown was facing possible removal from the bench for dozens of disciplinary counts, she had difficulties in her prior court, according to recent filings arguing for the ultimate sanction against a judge.
Does marriage amendment need to be amended?
The Indiana Legislature offers companion bill to explain the intent of the constitutional provision banning marriage between same-sex couples.
Preserving the past
County clerks, archivists and court administration work to keep historical records accessible.
Some attorneys aren’t sold on the proposed Marion County Criminal Justice Complex
Redundancies and inefficiencies, plus concerns for security at the jail and at the Indianapolis City-County Building – where defendants with court dates come into regular contact with the public – prompted city and county officials last month to announce a Criminal Justice Complex proposal that would bring courts, jails and other related functions under one very large roof.
Opinions Jan. 13, 2014 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Jan. 13, 2014
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
House committee ends hearing without vote on marriage amendment
After more than three hours of testimony, the House of Representatives Judiciary Committee recessed Monday without taking a vote on the constitutional marriage amendment and accompanying bill.
Justices to review teacher’s explicit messages to student
A Starke County teacher who was charged with sending sexually explicit Facebook messages to a 16-year-old student will have to face the Indiana Supreme Court, which will review the Court of Appeals’ order to dismiss the counts.
Bankruptcy Court seeks comment on local rule changes
The public has until Jan. 31 to comment on proposed amendments to local rules in the U.S. Bankruptcy Court in the Southern District of Indiana. Local Rules that have been amended include B-1007-2, Noticing, Balloting and Claims Agents and B-9010-1, Appearances.
Judge firearm, ‘ag-gag’ bills to get hearings Tuesday
Legislation that would increase the penalties for battery on a judicial officer and provide judges the same immunity as law enforcement officers for possession and use of a firearm will be heard by an Indiana Senate Committee on Tuesday.
Opinions Jan. 10, 2014 ILD
Indiana Court of Appeals
Luis Antonio Palacio v. Raquel Villavicencio (NFP)
49A02-1305-DR-397
Domestic relation. Affirms denial of father’s request to modify child support.
In the Matter of the Termination of Parent-Child Relationship of D.C. & A.R. (Minor Children), and T.R. (Mother) v. The Indiana Department of Child Services (NFP)
49A05-1306-JT-291
Juvenile. Affirms termination of parental rights.
In Re the Marriage of James Barnum Gregory v. Ellen Davies Gregory (NFP)
49A05-1305-DR-205
Domestic relation. Affirms in part, reverses in part and remands for recalculation of husband’s child support and educational support obligations.
Patrick Palmer v. State of Indiana (NFP)
03A04-1306-CR-271
Criminal. Affirms 25-year aggregate sentence for convictions of Class C felony battery resulting in serious bodily injury, Class D felony attempted obstruction of justice, Class A misdemeanors invasion of privacy and battery, and a habitual offender enhancement.
James Christian Warner v. State of Indiana (NFP)
03A01-1305-CR-213
Criminal. Affirms 20-year sentence with two years suspended for conviction of Class B felony possession of methamphetamine.
Joshua Batchelor v. State of Indiana (NFP)
15A01-1306-CR-259
Criminal. Affirms revocation of probation.
In Re the Termination of Parent-Child Relationship of B.W., A.W., W.S., & U.S., B.W., and J.S. v. Indiana Department of Child Services (NFP)
33A01-1306-JT-270
Juvenile. Affirms termination of parental rights.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
Opinions Jan. 10, 2014
7th Circuit Court of Appeals
Julio Cesar Chavarria v. United States of America
11-3549
Criminal. Affirms District Court order dismissing Chavarria’s claim of ineffective assistance of counsel that led to his deportation after conviction of cocaine distribution charges. The panel found the distinction between affirmative misadvice and failure to advise does not evade the non-retroactive ruling of Padilla v. Kentucky, 559 U.S. 356 (2010).