Woman sentenced to 215 years for crash deaths loses PCR appeal
A woman who drove the wrong way on State Road 67 near Martinsville and collided with a minivan killing a man and six children in 2000 lost her post-conviction relief appeal Thursday.
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Court: It’s risky to take justice into your own hands
Affirming an award of treble damages and remanding for appellate attorney fees, the Indiana Court of Appeals warned in a criminal conversion case Thursday that self-help remedies are perilous and potentially expensive, and it’s best to not take justice into your own hands.
Opinions Dec. 10, 2015
Indiana Court of Appeals
Ronald L. Eckelbarger v. State of Indiana
90A02-1503-CR-188
Criminal. Affirms convictions of three counts of Class B felony dealing in methamphetamine and one count of Class D felony possession of chemical reagents or precursors with intent to manufacture a controlled substance. Eckelbarger’s convictions do not violate double jeopardy, the trial court did not abuse its discretion by ordering consecutive sentences, and his 32-year sentence is not inappropriate. Judge Riley dissents in part.
Circuit court without jurisdiction to grant father’s child support relief
Madison Circuit Court 5 did not have jurisdiction to rule on a man’s motion for relief from a child support decision entered by Madison Circuit Court 2, the Indiana Court of Appeals concluded Thursday.
Company owner personally liable for unpaid phone book ads
Reversing a Hamilton County trial court, an appellate panel found a company owner individually liable and remanded for a determination of damages, interest and attorney fees.
New Albany man challenges death sentence in 2012 murder
An attorney for a southern Indiana man convicted of killing three women argued Thursday that his death sentence in one of the slayings should be thrown out because the judge didn't sufficiently consider the importance of his confession.
Judge rejects Texas’ latest attempt to block Syrian refugees
A federal judge Wednesday knocked Texas for offering "largely speculative hearsay" about extremists possibly infiltrating Syrian refugees seeking to resettle in the state, rejecting another attempt by Republican leaders to keep out families fleeing the war-torn country.
Opinions Dec. 9, 2015
Indiana Court of Appeals
Chuck W. Adams, Charles E. Howard, et al. v. ArvinMeritor, Inc., et al.
49A02-1406-PL-465
Civil plenary. Reverses the grant of ArvinMeritor and state defendants’ Trial Rule 12(B)(6) motions to dismiss the plaintiffs’ claim for unpaid wages because Adams, a Department of Correction inmate, has a private right of action to pursue his wage claim. Affirms summary judgment to the defendants on his personal injury claim because Adams had an available administrative remedy but failed to pursue it to completion. Concludes Adams was allowed to participate in a hearing on a number of motions through the submission of documentary evidence. Judge May dissents.
Company not entitled to relief from mortgage foreclosure judgment
An Indiana trial court incorrectly ruled a company was entitled to relief under Indiana Trial Rule 60(B)(6) after deciding a mortgage foreclosure action was void based on who owned interests in the mortgage.
Prosecutors want ban on over-the-counter pseudoephedrine
Prosecutors urged Indiana legislators Wednesday to ban over-the-counter sales of a common cold medicine used to make methamphetamines and stiffen sentences for convicted drug dealers.
January hearing set for Indiana refugees lawsuit
A federal judge in Indianapolis has set a hearing for next month to consider a request to suspend Indiana Gov. Mike Pence's order that state agencies stop helping with the resettlement of Syrian refugees.
Indiana Tax Court moves to e-filing in January
Beginning Jan. 4, all three of Indiana’s appellate courts will accept electronic filing. Indiana Chief Justice Loretta Rush signed an order Wednesday announcing the Tax Court’s addition to the e-filing project.
COA split over inmate’s ability to sue for unpaid wages
The Indiana Court of Appeals was divided Wednesday over whether an inmate who worked for a private company that contracted with the Department of Correction to employ offenders was allowed under Indiana statute to make a claim for unpaid wages.
3 men to be resentenced after Supreme Court ruling
A new sentencing hearing is scheduled for three northern Indiana men whose murder convictions were thrown out by the Indiana Supreme Court.
Quadruple homicide suspect to attend change of plea hearing
A change of plea hearing has been scheduled for an Indiana man who's facing the death penalty in a quadruple homicide.
Indianapolis real-estate developer pleads guilty to fraud
An Indianapolis real-estate developer has pleaded guilty to theft and fraud charges involving $340,000.
Syrian refugees resettled in resistant Texas, Indiana
Syrian families have been settled in Texas and in Indiana, the groups helping them said Tuesday, defying efforts by the conservative states' governors to stop their arrival.
2 ex-Dewey officials told to take plea or face retrial
Prosecutors offered a choice to two former Dewey & LeBoeuf LLP executives charged with lying to the law firm’s investors: take a plea deal or face a jury for the second time
Opinions Dec. 8, 2015
Indiana Supreme Court
Stacy Knighten v. East Chicago Housing Authority, Individually and d/b/a West Calumet Complex, Davis Security Service, LLC, and Donnell Caldwell
45S04-1512-CT-686
Civil tort. Reverses summary judgment in favor of Davis Security on Knighten’s complaint under the theory of respondeat superior. There is conflicting evidence as to the scope and extent of Caldwell’s duties and responsibilities as an employee of Davis Security.
Ex-agent gets 6 years of prison for betrayal in Silk Road probe
A government agent who stole $820,000 in bitcoins while investigating an online drug emporium was sentenced to almost six years in prison after a prosecutor said his deceit amounts to a “breathtaking abuse of trust.