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A panel of the Indiana Court of Appeals rejected an appeal seeking full compensation after an Allen County fire in large part because the appealing party included no transcript of the trial court proceedings.
A man’s conviction and 45-year sentence on a meth charge cannot stand because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections, a majority of the Indiana Supreme Court ruled.
Indiana Court of Appeals
Kenneth F. Kipp v. State of Indiana (NFP)
73A01-1211-CR-507
Criminal. Affirms conviction of Class A felony burglary; Class B felony armed robbery; two counts of Class B felony burglary; Class B felony attempted carjacking; two counts of Class C felony battery with a deadly weapon; Class C felony attempted robbery; two counts of Class D felony theft; Class D felony resisting law enforcement; and being a habitual offender.
Eric G. Couthen v. State of Indiana (NFP)
84A04-1302-CR-65
Criminal. Affirms sentence imposed after revocation of probation for conviction of Class C felony intimidation.
Spiros Alatorre v. State of Indiana (NFP)
49A04-1301-CR-28
Criminal. Reverses and vacates convictions for Class A felony kidnapping and Class B felony carjacking on double-jeopardy grounds, but finds a 45-year executed sentence for conviction of murder is not inappropriate.
Dellia Castile v. State of Indiana (NFP)
71A04-1212-CR-625
Criminal. Affirms conviction and 50-year aggregate sentence for conviction of Class A felony neglect of a dependent and Class B felony neglect of a dependent.
Katherine Cervantes v. State of Indiana (NFP)
10A04-1301-CR-19
Criminal. Affirms five-year aggregate sentence for conviction of Class C felony sexual misconduct with a minor and Class A misdemeanor contributing to the delinquency of a minor.
Jennifer Rose Peverly v. State of Indiana (NFP)
54A01-1303-CR-145
Criminal. Affirms aggregate three-year sentence for conviction of three counts of Class A misdemeanor invasion of privacy.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Indiana Tax Court
United Parcel Service, Inc. v. Indiana Department of State Revenue
49T10-0704-TA-24
Premiums tax. On remand from a reversal by the Indiana Supreme Court, denies UPS’s motion for summary judgment of an appeal of taxes due for the years 2000 and 2001 and grants summary judgment in favor of the Department of Revenue, holding that statutes governing premiums tax on out-of-state insurers are immune from Commerce Clause challenges.
Justices of the Indiana Supreme Court agreed to review whether the confession of a man charged with murder can be used against him because it was gained during a racially charged interrogation.
Just in time for Constitution Day, there is now an app for constitutional case law.
The Indiana Court of Appeals remanded a case for a new sentencing order after a defendant successfully argued home detention counts as part of his executed sentence.
United Parcel Service and its reinsurance affiliates are obligated to pay about $650,000 in taxes from the years 2000 and 2001, the Indiana Tax Court held. The court previously ruled in UPS’s favor, but this opinion comes on remand from an Indiana Supreme Court reversal.
A trial court properly ruled that an insurance company owed no duty to a mother who sold property on contract to her son and daughter-in-law, but the son and daughter-in-law who collected proceeds from the policy do.
The Indiana Court of Appeals addressed conflicting caselaw about a government’s immunity from liability before siding with the older precedent and ruling that any move to overturn that case should be left to the Indiana Supreme Court.
An appellate panel Tuesday affirmed an award of attorney fees under a standard industry agreement and declined an invitation to strip Indiana trial courts of the ability to enter such judgments.
Indiana Technical Institute used the dedication ceremony for its new law school to reiterate its vision of legal education and push back against critics.
Indiana Court of Appeals
David J. Payne v. State of Indiana (NFP)
45A03-1302-CR-53
Criminal. Affirms conviction for five counts of dealing in cocaine, all Class B felonies, and one count of maintaining a common nuisance, a Class D felony.
Thomas Rayford, Jr., v. State of Indiana (NFP)
48A02-1212-CR-1029
Criminal. Affirms revocation of Rayford’s probation and the trial court’s order that he serve the remainder of his suspended sentence plus 20 years after he pleaded guilty to dealing in cocaine, a Class B felony.
The Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Indiana Court of Appeals
Larry Lyons, Jr. v. State of Indiana
36A01-1208-CR-331
Criminal. Affirms conviction for Class B felony dealing in methamphetamine and Class D felony methamphetamine possession. Finds there is no evidence that the trial court’s failure to provide instructions in strict accordance to Indiana Code 35-37-2-4 and Indiana Jury Rule 26(b) caused Lyons harm or put him at substantial risk of harm.
A trial court’s failure to give jury instructions that strictly adhered to the language contained in the Indiana Code and Indiana Jury Rule was not grounds for the Indiana Court of Appeals to overturn a guilty verdict.
Representing a father in a child visitation dispute, a Martinsville lawyer’s letter to opposing counsel alleging the mother was an illegal alien resulted in a 30-day suspension.
A federal lawsuit challenging the constitutionality of a state law that has given rise to the Democratic and Republican slating system under which Marion Superior judges are elected will go forward.
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of Jo. B. & Ju. B.(Minor Children) and T. B.(Mother) v. The Indiana Department of Child Services (NFP)
49A05-1303-JT-92
Juvenile. Affirms termination of T.B.’s parental rights to her children, Ju.B. and Jo.B.
Lamar Miller v. State of Indiana (NFP)
49A05-1302-CR-46
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Charles Grieco v. State of Indiana (NFP)
49A04-1301-CR-32
Criminal. Affirms conviction for operating a vehicle while intoxicated, as a Class C misdemeanor.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber & Hardware; and Von Tobel Lumber & Home Center, Inc. v. Chi-Tec Construction & Remodeling, Inc.; John F. Ziola, Jr.; Et Al.
46A03-1301-MI-18
Miscellaneous/mechanic’s lien. Reverses grant of summary judgment in favor of the Margret Lynn West trust, one of the defendant parties, and orders summary judgment entered for Von Tobel. The panel reversed a trial court ruling that the lien was invalid because a pre-lien notice named “Von Tobel Lumber & Home Center Inc.” and the lien notice named “Von Tobel Corporation” as claimants. The difference was minimal, not misleading and didn’t prejudice the trust or other parties, the panel held.
A split Indiana Court of Appeals ruled a man at the center of an alleged Ponzi scheme that defrauded nearly 72 victims in Ohio, Kentucky and Indiana will have to face state charges even though he pleaded guilty to a federal indictment.