Indiana lawmakers to consider DNA testing felony arrestees
An Indiana legislative study panel heard testimony from a national advocate for DNA sampling who is urging them to expand testing to any person arrested for a felony.
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Denial of disability benefits premature, 7th Circuit rules
An Indiana man who sustained long-lasting brain injuries after he was struck in the head with a barstool was improperly denied total Social Security disability benefits, the 7th Circuit Court of Appeals ruled Tuesday.
Former Lake County judge eyeing AG nomination
A former Lake County judge has formed a campaign committee to seek the Democratic nomination for Indiana attorney general.
Opinions Aug. 18, 2015 ILD
Indiana Court of Appeals
Robert E. Helmer v. TLC Properties, Inc. (mem. dec.)
45A03-1501-PL-34
Civil plenary. Affirms summary judgment in favor of TLC Properties, record owner of an easement on property Helmer bought at a tax sale.
Christopher Spain v. State of Indiana (mem. dec.)
15A01-1502-CR-68
Criminal. Affirms convictions for Class B felony conspiracy to commit dealing Schedule III controlled substance and Class D felony conspiracy to commit theft.
In the Matter of the Termination of the Parent-Child Relationship of: S.M. & M.M. (minor children) and M.M. (mother) v. The Ind. Dept. of Child Services (mem. dec.)
49A02-1502-JT-97
Juvenile. Affirms termination of parental rights.
Warren David Berglund v. Victoria L. Schutzius (mem. dec.)
74A01-1409-PL-388
Civil plenary. Affirms order that Berglund become the sole owner of certain real estate subject to a lien in favor of Schutzius. Afirms order denying his counterclaims for breach of fiduciary duty, conversion and unjust enrichment.
Horizon Bank, N.A. v. Centier Bank (mem. dec.)
46A04-1409-MF-408
Mortgage foreclosure. Reverses denial of motion to set aside default judgment, finding the trial court abused its discretion because Horizon was entitled to relief from the judgment by demonstrating excusable neglect and a meritorious defense. Remands for proceedings.
Everett E. Powell, et. al v. Green Tree Servicing LLC (mem. dec.)
49A02-1411-MF-783
Mortgage foreclosure. Reverses denial of Powell’s motion seeking relief from the court’s summary judgment order, finding the trial court abused its discretion when it failed to provide Powell notice of the date and time of a rescheduled summary judgment hearing. Remands for proceedings.
Kenneth Jaquin Washington v. State of Indiana (mem. dec.)
45A03-1501-CR-11
Criminal. Affirms five-year sentence for conviction of Class C felony possession of cocaine.
Opinions Aug. 18, 2015
7th Circuit Court of Appeals
Carlton Hart v. Christine Mannina, et al.
14-1347
Appeal from the District Court for the Southern District of Indiana, Indianapolis Division
Judge William T. Lawrence
Affirms grant of summary judgment in favor of Mannina, an Indianapolis Metropolitan Police Department detective, and other police defendants. Hart was arrested in a murder investigation recorded for the reality television series “The Shift,” but charges later were dismissed. He sued police and the city claiming various violations of his constitutional rights. Because police had probable cause to arrest him, summary judgment in favor of the defendants was neither an abuse of discretion nor actual and substantial prejudice.
Court of Appeals affirms man’s domestic battery conviction
Evidence from a forensic nurse was not improperly admitted in the trial of a man who was convicted of felony domestic battery against his girlfriend of 20 years.
AG seeking restitution over alleged Warsaw schools kickbacks
Indiana Attorney General Greg Zoeller is seeking nearly $1 million in restitution from a former northern Indiana school district official and a business owner who were charged with an illegal kickback scheme.
Indianapolis mayor seeks money for police body cameras
Indianapolis Mayor Greg Ballard has detailed his proposed $1 billion city budget that seeks $200,000 to start equipping police officers with body cameras to record their interactions with suspects.
TV’s ‘Shift’ suspect got shaft, but rights weren’t violated
A man who was wrongly arrested and charged with murder by Indianapolis police whose investigation was being documented for the reality TV series “The Shift” lost his appeal in a civil rights lawsuit against police.
Opinions Aug. 17, 2015 ILD
Indiana Court of Appeals
Uree Kincaid, Mark E. Kincaid, Denise Elaine Bryant, and the Unknown Heirs, Devisees, Legatees of Garland E. Kincaid v. Nationstar Mortgage, LLC. (mem. dec.)
32A01-1407-MF-322
Mortgage foreclosure. Reverses trial court denial of a motion for relief from default judgment. Remands for a determination on the merits.
In the Matter of the Termination of the Parent-Child Relationship of: K.C. and G.C. (Father) v. The Indiana Department of Child Services (mem. dec.)
39A01-1501-JT-18
Juvenile. Affirms termination of parental rights.
James Pitman v. State of Indiana (mem. dec.)
49A04-1501-CR-5
Criminal. Affirms convictions of Class B felony counts of rape and criminal deviate conduct; Class D felony counts of criminal confinement and intimidation; and Class A misdemeanor domestic battery.
Opinions Aug. 17, 2015
7th Circuit Court of Appeals
Rebecca Riker v. Bruce Lemmon, in his official capacity, et al.
14-2910
Appeal from the United States District Court for the Southern District of Indiana
Judge Tanya Walton Pratt
Civil. Reverses District Court grant of summary judgment in favor of defendants on Riker’s claim that she was improperly denied permission to marry a Department of Correction inmate. Riker is a former contract employee at Wabash Valley Correctional Facility who was terminated after a sexual relationship with an inmate. The District Court erred in granting summary judgment and concluding the DOC’s denial of her request for a one-time visit to participate in a marriage ceremony did not violate her constitutional right to marry.
Dimos hired for No. 2 position at ABA
Attorney James Dimos, a member at Frost Brown Todd LLC in Indianapolis and past president of the Indiana State Bar Association, has been hired as deputy executive director of the American Bar Association.
Judge’s sanction in gun IP suit decries ‘peevishness’
An intellectual property lawsuit between gunmakers “has grown into a Dickensian monstrosity,” a federal judge wrote Friday, criticizing parties for “peevishness.”
Supreme Court rejects Think Tank trade secret appeal
A divided Indiana Supreme Court declined to hear an appeal from a northwest Indiana software company that unsuccessfully sued former employees it claimed divulged trade secrets to a competitor.
7th Circuit not convinced by inmate’s double jeopardy argument
A convicted sex offender who did not have the requisite certificate of appealability was still able to present his constitutional claims, but the 7th Circuit Court of Appeals found no grounds to overturn his conviction and sentence.
Reversal: Ex-DOC worker wins appeal in bid to marry inmate
A former contract worker who quit her job at an Indiana prison after her sexual relationship with an inmate was discovered was wrongly denied permission to marry him, the 7th Circuit Court of Appeals ruled Friday.
Mom loses appeal against Planned Parenthood
A mom who sued Planned Parenthood after her 17-year-old daughter used another person’s ID and posed as an 18-year-old to get an abortion has no private cause of action to enforce abortion statutes. Planned Parenthood also owed no duty to the mother under the circumstances, the Indiana Court of Appeals ruled Monday.
Indiana officials issuing fewer waivers to state ethics law
State records show that Indiana officials have been issuing fewer waivers that would let state employees take related jobs in the private sector before a yearlong wait.
Lawmakers delay action on security upgrade for state complex
Indiana lawmakers told Gov. Mike Pence Friday that they need more details before signing off on his $873,000 plan to upgrade security at the entrances of the state government complex.
Opinions Aug. 14, 2015 ILD
Indiana Court of Appeals
Lisa L. Baker v. State of Indiana (mem. dec.)
06A01-1501-CR-11
Criminal. Affirms conviction of Class D felony theft.
Randy L. Thornton v. State of Indiana, Indiana Department of Corrections, Marion County, Indiana, Matthew Pietrzak, Stephanie Buttz, Eric Lee, Dianna Johnson (mem. dec.)
49A02-1409-PL-662
Civil plenary. Affirms dismissal of complaint.
In the Matter of the Termination of the Parent-Child Relationship of: B.C.M. (Minor Child), and C.J.C.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
79A02-1412-JT-895
Juvenile. Affirms termination of parental rights.
Jeremy Schmitt v. State of Indiana (mem. dec.)
83A05-1409-PC-425
Post conviction. Affirms denial of post-conviction relief.
Dennis William Smith v. State of Indiana (mem. dec.)
49A02-1502-CR-83
Criminal. Affirms conviction of Level 6 felony resisting law enforcement.
Lawrence E. Kellems v. State of Indiana (mem. dec.)
87A04-1411-CR-537
Criminal. Affirms aggregate 40-year sentence following his guilty plea to three counts of Class A felony child molesting and one count of Class C felony sexual misconduct with a minor.