Indiana Court Decisions June 28 – July 11, 2012
Read appellate court opinions from June 28 to Julyd 11, 2012.
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US Supreme Court: Criminal fines require jury finding
An end-of-term U.S. Supreme Court decision did far more than reduce a penalty in a federal criminal environmental judgment from $18 million to $50,000. It created a new reality for how the government will have to pursue such prosecutions in the future, experts say.
Settlement documentaries can be persuasive tool
Carolyn Dudley’s husband, Indiana State Trooper Gary Dudley, was killed six years ago when he was struck by a freight truck during a charity bike ride in Vermillion County. A short video about his life, and the event that caused his death, was critical to winning a settlement in a wrongful death case against the trucking company.
Attorney registration portal revamped
State court officials heard the grumbling of lawyers who for the first time last year had to register, pay fees and provide contact information online. It was confusing, difficult to navigate and frustrating. Now it will be different.
Attorney staged his own shooting, authorities say
A southern Indiana attorney who reported he was shot at McCormick’s Creek State Park on June 25 staged his own shooting, authorities say.
US complaint: Plymouth reservist deprived of benefits
A U.S. Air Force reservist was illegally denied longevity pay when he returned to his job as a police officer in Plymouth, according to a federal complaint.
Appeals court affirms tax sale notice statute unconstitutional
The Indiana Court of Appeals on Monday affirmed a trial court ruling denying a petition for a tax deed after a Bartholomew County tax sale, finding that the court was correct in ruling that the state’s statutory notice violated the 14th Amendment guarantee of due process.
In-court marijuana field test ruled error, but not reversible
An appeals court panel ruled that a deputy’s in-court field test to prove a substance was marijuana should not have been allowed, but it declined to use the error as a basis to reverse a man’s misdemeanor conviction.
Justices deny transfer in 16 cases
The Indiana Supreme Court denied transfer in 16 cases it reviewed in the week ending July 13, according to the transfer list released Monday.
Appeals court upholds rape conviction
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.
Divided appeals court affirms summary judgment for community action program
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.
Court reverses ruling in Plymouth church insurer’s suit against contractors
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.
BrightPoint settles 2 suits against rival Brightstar
Indianapolis-based BrightPoint Inc. has agreed to settle two lawsuits it brought against similarly named rival Brightstar Corp.
Justices order new trial for Ripley County man
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.
Payment changes for appellate filing fees in Northern District
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.
7th Circuit certifies questions for Kansas Supreme Court
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.
Man who killed girlfriend may be retried for reckless homicide
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.
42 members of Indianapolis motorcycle club indicted
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.
Supreme Court Justice Rucker to run for retention
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.
Deadline to accept State Fair settlement extended
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.