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Fatal accident leads COA to examine boating statute

A boat operator’s appeal of his convictions stemming from a fatal accident on Lake Monroe in 2010 split the Indiana Court of Appeals as to whether I.C. 14-15-4-1 is unconstitutional as applied.

Torn Achilles tendon is not city’s fault, COA rules

A state statute providing immunity to municipalities for 20-year-old public work projects absolved a southern Indiana city from liability for an injury a man incurred when he stepped off a curb and into a sewer drain.

Panel dismisses contempt appeal as moot

A man held in contempt of court after a judge determined he threatened witnesses in his brother’s murder case had his appeal dismissed Tuesday.

IU pot-suspension appeal ‘near frivolous,’ 7th Circuit rules

An Indiana University student’s appeal of his suspension after a large marijuana plant and other evidence of illegal drug use were discovered in his dorm room “is near frivolous,” a panel of the 7th Circuit Court of Appeals ruled.

Judge blocks ‘contraception mandate’ for Catholic diocese plaintiffs

A federal judge in Fort Wayne has blocked enforcement of the “contraception mandate” for numerous health care providers in a lawsuit brought by the Roman Catholic Diocese of Fort Wayne-South Bend. The ruling could impact more than 10,000 people eligible for benefits through a number of diocese-related organizations.

Opinions Dec. 30, 2013 ILD

Indiana Court of Appeals
Rico Nathaniel Morst v. State of Indiana (NFP)
84A01-1305-CR-226
Criminal. Affirms revocation of Morst’s probation.

Jeremiah Joseph Skirvin v. State of Indiana (NFP)
55A01-1305-CR-232
Criminal. Affirms aggregate sentence of 55 years for two counts of sexual misconduct with a minor, as Class B felonies; one count of sexual misconduct with a minor, as a Class C felony; and being adjudicated as a habitual offender.

State of Indiana v. Tammy Sue Harper (NFP)
79A02-1303-CR-272
Criminal. Reverses order from the Tippecanoe Circuit Court modifying the sentence of Harper. Although the prosecuting attorney did not tell the trial court whether it approved of or objected to the sentence modification, the COA held that according to the “clear language” of Indiana Code 35-38-1-17, the prosecutor must approve of a sentence modification if the convicted person has served more than 365 days of his or her sentence.

George Williams v. State of Indiana (NFP)
49A02-1304-CR-326
Criminal. Affirms conviction of attempted murder as a Class A felony.

In the Matter of the Termination of the Parent-Child Relationship of D.M. (Minor Child) and D.D. (Father) v. The Indiana Department of Child Services (NFP)
49A05-1305-JT-258
Juvenile. Affirms termination of father D.D.’s parental rights.

Indiana Supreme Court and Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.
 

Abrams: We Will Provide Value And Be Meaningful

I am embarking on the presidency of the Indianapolis Bar Association. I see my role as the manager of a phenomenal team willing to sacrifice their time to serve others and provide unique benefits to the public.

IndyBar Seeking Volunteers for Low Asset Wills Program

Since 2007, IndyBar attorney volunteers have helped hundreds of individuals prepare for times when they can no longer speak for themselves through the Low Asset Wills Program. The commitment for this program is minimal, but your impact is great.

Top cases of 2013

Top cases of 2013 • AM General LLC v. BAE Systems Inc., et al., 71D07-0907-PL00195. St. Joseph Superior Judge Michael P. Scopelitis ruled in April that Humvee maker AM General LLC of Mishawaka is entitled to more than $277 million from the company that supplied kits for troops to retrofit the vehicles with armor, and […]