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Opinions Aug. 14, 2015

August 14, 2015

7th Circuit Court of Appeals
Robert E. Spierer, et al. v. Corey E. Rossman, et al.
14-3171
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Civil. Affirms summary judgment in favor of defendants sued by the family of missing Indiana University student Lauren Spierer. Plaintiffs failed to state a plausible claim under Indiana common law for negligence.

Technology erases need for ‘ancient document’ rule

August 14, 2015

A longstanding yet rarely invoked federal rule of evidence allowed the admission of an “ancient document” if it was more than 20 years old and appeared to be authentic. However, in an age when decades-old information is easily accessible electronically, a review committee has concluded the exception could be abused.

7th Circuit won’t reinstate Lauren Spierer family’s lawsuit

August 14, 2015

A civil lawsuit filed by the parents of missing Indiana University student Lauren Spierer was properly decided in favor of defendants who were among the last people to see her, the 7th Circuit Court of Appeals ruled Friday.

Police deadly force justified against suicidal man

August 14, 2015

Police who shot and killed a suicidal man in his Cloverdale home were justified in using deadly force under the circumstances, the 7th Circuit Court of Appeals ruled Friday.

Fired Polaris technician wins reversal at 7th Circuit

August 14, 2015

A former Indianapolis lab technician presented enough evidence to support her claims of discrimination and retaliation that the 7th Circuit Court of Appeals overturned summary judgment in favor of her former employer.

Prosecutor: No charges in South Bend police wiretap case

August 14, 2015

Criminal charges won’t be pursued against a former South Bend police chief in a case of wiretapping within the police department, a special prosecutor ruled.

Life sentence ordered in deadly Indianapolis house blast

August 14, 2015

The man convicted of planning a massive Indianapolis house explosion that killed two neighbors was sentenced Friday to life without parole.

Agreement means what it says, COA rules

August 14, 2015

While the Indiana Court of Appeals conceded the severance agreement was “not a model of precision,” it disagreed with a trial court’s conclusion that the agreement contained a mistake.

Molestation charge dropped against committed incompetent defendant

August 14, 2015

A child molestation charge must be dropped against an incompetent defendant who’s been in psychiatric hospitals longer than he could have been imprisoned had he been convicted, the Indiana Court of Appeals ruled Friday.

7th Circuit divided over appeal from death row inmate

August 13, 2015

A split 7th Circuit Court of Appeals denied an inmate on Indiana’s death row a chance for a new trial, finding the exclusion of a witness’s videotaped interview which could have possibly exonerated him was inadmissible as hearsay.

Opinions Aug. 13, 2015 ILD

August 13, 2015

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: A.B., Jr., (Child), and K.T. (Mother), v. The Indiana Department of Child Services (mem. dec.)
49A04-1501-JT-22
Juvenile. Affirms termination of parental rights.

Joel Williams v. State of Indiana (mem. dec.)
18A02-1408-PC-554
Post conviction. Affirms denial of post-conviction relief.

Jaime Carr v. State of Indiana (mem. dec.)
49A02-1502-CR-81
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Craig Leonard Strand v. State of Indiana (mem. dec.)
45A03-1410-CR-370
Criminal. Affirms conviction of Class D felony battery resulting in serious bodily injury.

Lori L. Cobb v. State of Indiana (mem. dec.)
03A01-1502-CR-73
Criminal. Affirms revocation of probation.

Opinions Aug. 13, 2015

August 13, 2015

7th Circuit Court of Appeals
Wayne Kubsch v. Ron Neal, superintendent, Indiana State Prison
14-1898
Appeal from the U.S. District Court, Northern District of Indiana, South Bend Division
Chief Judge Philip Simon
Criminal. Affirms denial of Kubsch’s habeas corpus petition. Majority rules the exclusion of testimony by neighbors which could have exonerated Kubsch was hearsay and, therefore, not admissible. In a dissent, Chief Judge Diane Wood argues the testimony should have been admitted under Chambers v. Mississippi, 410 U.S. 284 (1973).

Toyota dealership relocation to Fishers divides appeals court

August 13, 2015

Whether three competing greater Indianapolis Toyota dealers may block the relocation of another Toyota franchise from Anderson to Fishers divided a panel of the Indiana Court of Appeals Thursday.

Divided COA panel reverses modification of support

August 13, 2015

A judge who ordered a modification of child support after a father told the court he was moving out of state and intended to seek custody of a minor child acted prematurely, a Court of Appeals panel majority ruled Thursday.

National MLP conference selects Indianapolis; concerned about RFRA

August 13, 2015

Just a few months after getting a national award, the medical-legal partnership program in Indiana is getting another boost.

Third lawsuit filed in Medical Informatics data hack

August 13, 2015

A third lawsuit seeking class-action status has been filed against a Fort Wayne-based medical software company over a data breach involving patient information.

Governor: New Statehouse doors about public safety

August 13, 2015

Gov. Mike Pence says his administration's request to spend nearly $875,000 on new doors for the Indiana Statehouse is “about putting public safety first.”

Pence authorizes hiring 113 new DCS caseworkers

August 13, 2015

Governor Mike Pence Thursday announced the authorization of 113 additional Department of Child Services caseworkers to meet the demand caused by increased cases across the state. DCS will present its annual report to the State Budget Committee Friday.

In estate case, Tax Court upholds ruling against state

August 12, 2015

A probate court ruled correctly when it denied the state’s argument that distributions to heirs from a trust established in 2008 should have been subject to Indiana’s estate tax, which has since been abolished.

Opinions Aug. 12, 2015 ILD

August 12, 2015

Indiana Court of Appeals

Cecil J. Black, Jr. v. State of Indiana (mem. dec.)
71A03-1406-PC-211
Post conviction. Affirms denial of post-conviction relief.

Maria Martha Caceres v. State of Indiana (mem. dec.)
36A01-1412-CR-518
Criminal. Affirms convictions of Class B felony neglect of a dependent resulting in serious bodily injury and Class B misdemeanor battery.

In the Matter of the Adoption of E.D., K.R. v. A.D.S. and A.S. (mem. dec.)
82A01-1412-AD-520
Adoption. Affirms denial of motion for relief from judgment.

David M. Jones v. State of Indiana (mem. dec.)
48A02-1410-PC-731
Post conviction. Affirms denial of post-conviction relief.

Sollie Nance v. State of Indiana (mem. dec.)
49A02-1501-CR-12
Criminal. Affirms conviction of Class A misdemeanor theft.

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