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A man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an attempt to refresh the victim’s memory.
A divided Indiana Court of Appeals panel on Friday affirmed a Marion Superior Court ruling that dismissed a case against a government-funded agency because the victims in a vehicle accident failed to provide notice under the Indiana Tort Claims Act.
The Indiana Court of Appeals reinstated an insurer’s case against contractors who built a Plymouth church gymnasium addition in 2008 in which the basketball court floor was ruined when a frozen sprinkler burst eight months later.
Indianapolis-based BrightPoint Inc. has agreed to settle two lawsuits it brought against similarly named rival Brightstar Corp.
Indiana Court of Appeals
Robert L. Jackson v. State of Indiana (NFP)
27A02-1112-CR-1122
Criminal. Affirms conviction of Class B felony possession of cocaine within 1,000 feet of a family housing complex.
Anthony K. McCullough v. State of Indiana (NFP)
49A02-1110-CR-955
Criminal. Reverses revocation of probation.
Jocelyn Allen v. State of Indiana (NFP)
49A02-1111-CR-1053
Criminal. Affirms conviction of Class A misdemeanor OWI with endangerment and remands for the trial court to vacate the conviction for Class C misdemeanor OWI.
Jeffrey A. Booth v. State of Indiana (NFP)
84A01-1111-CR-560
Criminal. Affirms revocation of probation and imposition of the entirety of Booth’s suspended 4-year sentence.
Alejandro Prado v. State of Indiana (NFP)
48A02-1110-CR-1094
Criminal. Affirms convictions of Class C felonies criminal confinement resulting in bodily injury and battery resulting in bodily injury to a pregnant woman; Class D felony strangulation, Class A misdemeanor domestic battery, and Class B misdemeanor disorderly conduct.
Anthony Ray Ewing v. State of Indiana (NFP)
45A03-1109-CR-447
Criminal. Affirms conviction of Class C felony battery.
In the Matter of Child Alleged to be a Child in Need of Services: D.L. (Minor Child), and K.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
82A05-1111-JC-628
Juvenile CHINS. Affirms order finding D.L. a child in need of services.
Term. of Parent-Child Rel. of T.A.B.; T.B. (Father) v. The Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A02-1111-JT-1062
Juvenile termination. Affirms involuntary termination of parental rights.
Norrene Sullivan v. Kindred Nursing Center (NFP)
93A02-1202-EX-143
Agency appeal. Remands to the Worker’s Compensation Board with instructions that it enter new findings of fact and conclusions of law consistent with the opinion with regards to Sullivan’s application for adjustment of claim.
Kevin Taylor v. State of Indiana (NFP)
20A03-1112-CR-563
Criminal. Affirms conviction and sentence for murder.
Indiana Tax Court posted no opinions at IL deadline.
7th Circuit Court of Appeals
Carlene M. Craig, et al. v. FedEx Ground Package System Inc.
10-3115
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Multidistrict litigation. Certifies two questions to the Kansas Supreme Court in a suit that was based on the Employee Retirement Income Security act and Kansas law regarding whether FedEx drivers are employees or independent contractors. Craig is the “lead” case in a nationwide class action.
A Ripley County man convicted of conspiring to commit burglary is entitled to a new trial due to ineffective assistance of his trial counsel and prosecutorial misconduct, the Indiana Supreme Court held.
Beginning Monday, the U.S. District Court in the Northern District of Indiana will require online credit card payments, via CM/ECF, for filing fees associated with civil and criminal notices of appeal.
The 7th Circuit Court of Appeals was unable to determine under Kansas law how that state’s Supreme Court would rule on whether FedEx drivers are employees or independent contractors, so the court sent two certified questions to the Kansas justices.
The post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the same charge, but may face retrial for reckless homicide.
In what has been described by Southern District U.S. Attorney Joseph Hogsett as the largest federal organized crime prosecution in Indianapolis history, 42 members of the Outlaws Motorcycle Club in Indianapolis have been indicted on various offenses, including extortion and drug charges.
Indiana Supreme Court Justice Robert Rucker will stand for retention, ending speculation that he might become the fourth justice to step down in the last two years.
The Office of the Indiana Attorney General, at the request of attorneys representing claimants in lawsuits stemming from the stage collapse at the Indiana State Fair in August 2011, has moved the deadline to respond to a settlement offer to Aug. 1. The original deadline was Friday.
Beginning July 16, all civil collection, civil tort, civil plenary and miscellaneous cases filed in the County Division Courts Room 2 or 3 in Lake County will have to be filed electronically using the county’s new e-filing system. The change is a result of an amendment to Local Rule 45-A.R.16-17.
7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts should testify about his mental illness.
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions at IL deadline.
7th Circuit Court of Appeals
Michael Dean Overstreet v. Bill Wilson, superintendent, Indiana State Prison
11-2276
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Finds Overstreet, who is sentenced to death, did not receive constitutionally ineffective assistance of counsel relating to the handling of an alleged plea bargain, the handling of spectators in the courtroom, and relating to the sentencing proceeding. Judge Wood dissents regarding the attorneys’ handling of the sentencing proceeding and would grant the petition for writ of habeas corpus limited to the sentence imposed.
The Department of Child Services’ failure to investigate a child’s aunt as a possible adoptive parent – and a trial court’s refusal to allow DCS to withdraw consent for foster parents to adopt after acknowledging its failure – prompted the Indiana Court of Appeals to reverse a trial court order granting the foster parents’ petition to adopt.
About 50 prosecutors in Mexico are learning about the American legal system through video conferences this week arranged by the Indiana attorney general’s office.
The 7th Circuit Court of Appeals issued no Indiana opinions prior to IL deadline.
The Indiana Supreme Court and Tax Court issues no opinions prior to IL deadline.
Indiana Court of Appeals
Marcous Ford v. State of Indiana (NFP)
49A04-1112-CR-651
Criminal. Affirms trial court’s conviction of Class B felony battery.
Roger A. Boggs v. State of Indiana (NFP)
03A04-1108-CR-435
Criminal. Affirms trial court conviction of Class B felony armed robbery.
Kathleen G. Babchuk v. Kirk J. Daniels (NFP)
34A05-1111-CT-597
Civil/defamation. Affirms judgment of $35,000 for defamation on behalf of Daniels.
In the Matter of the Involuntary Commitment of R.T. (NFP)
35A02-1110-MH-1088
Mental health. Affirms trial court order continuing regular commitment to Logansport State Hospital.
Marlon L. Pendleton v. State of Indiana (NFP)
45A04-1110-CR-544
Criminal. Affirms trial court conviction of involuntary manslaughter.