‘Elkhart Four’ convictions put new spotlight on felony murder statute
Three teens convicted of felony murder have asked the Indiana Supreme Court to overturn their convictions because they did not directly kill the victim.
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Opinions March 9, 2015 ILD
Indiana Court of Appeals
T.R. Bulger, Inc. and Thomas R. Bulger v. Indiana Insurance Company (mem. dec.)
46A03-1405-PL-188
Civil plenary. Reverses summary judgment in favor of Indiana Insurance Co. Finds the trial court erred in holding that Bulger was not entitled to reimbursement for the expenses incurred in assisting an attorney with the defense against a lawsuit from unsatisfied clients. Remands for trial court to determine whether the $64,620.35 requested by Bulger is reasonable and, if not, what a reasonable amount would be.
Amanda Choban v. State of Indiana (mem. dec.)
49A02-1406-CR-400
Criminal. Affirms Choban’s conviction of theft as a Class D felony.
Carol D. Geis v. State of Indiana (mem. dec.)
03A01-1409-CR-385
Criminal. Affirms conviction of failure to stop after an accident resulting in damage to property other than a vehicle, a Class B misdemeanor.
Jeffrey A. Dice, II v. State of Indiana (mem. dec.)
34A04-1407-CR-318
Criminal. Affirms conviction and 16-year sentence for Class B felony battery and vacates conviction of Class B felony neglect of a dependent. The conviction violated the prohibition against double jeopardy.
Derrick Morris v. State of Indiana (mem. dec.)
49A02-1408-CR-544
Criminal. Affirms conviction of Class C misdemeanor public nudity.
John Chupp v. State of Indiana (mem. dec.)
49A02-1408-CR-579
Criminal. Affirms denial of motion to correct erroneous sentence.
Opinions March 9, 2015
Indiana Court of Appeals
Stuart Reed and Michael Reed v. Michael Cassady
49A05-1405-PL-220
Civil plenary. Affirms order granting Cassady’s motion to enforce a $30,000 sanction as well as a finding that Distinctive Transportation Services, Inc. in contempt and imposition of a $10,000 fine. Reversal is not warranted on the order enforcing the $30,000 sanction and Reeds are jointly and severally liable. Also found reversal is not warranted of the $10,000 sanction.
Appeals panel affirms East Chicago library board must repay insurance premiums
A trial court properly ruled for the state when it ordered East Chicago Library Board members to repay more than $136,000 in health, dental, vision and life insurance premiums since state law says those members serve without compensation, the Indiana Court of Appeals ruled Monday.
More lawsuits filed in December Megabus crash in Indiana
More lawsuits have been filed by Megabus passengers injured when a double-decker bus rolled onto its side in southern Indiana in December.
SCOTUS to 7th Circuit: Review Notre Dame birth control case
The Supreme Court is ordering the 7th Circuit Court of Appeals to take another look at the University of Notre Dame’s lawsuit concerning the overhaul of federal health care rules on paying for contraceptives.
Indiana judge admonishes abducted teens’ sister at hearing
An Indianapolis judge admonished the sister of two Indianapolis teenagers kidnapped and held for ransom after she allegedly stole from her ex-boyfriend.
COA upholds $10,000 fine for failure to cooperate with discovery
A trial court that slapped a transportation company with a $10,000 sanction and ordered its president jailed if the fine was not paid did not commit an error, the Indiana Court of Appeals has ruled.
ISBA fund awards $100,000 to Conour victims
The Indiana State Bar Association Clients’ Financial Assistance Fund Committee has given $100,000 to victims who suffered losses due to the dishonest acts of ex-attorney William Conour, the ISBA announced Monday. The money was divided among 24 victims.
Federal judge fines abusive filer $1,200, bars future suits
A man who’s filed nearly four dozen lawsuits against defendants from “Bobby” to President Barack Obama lost his federal court privileges this week.
Opinions March 6, 2014 ILD
Indiana Court of Appeals
Allstate Insurance Company as Subrogee of Elaine Weiman v. Cleve W. Hatfield, and Michael W. Hatfield (mem. dec.)
49A04-1408-CT-389
Civil tort. Reverses denial of Allstate’s motion to strike and motion for summary judgment, and remands for proceedings. The trial court erred by allowing Cleve Hatfield’s response to Allstate’s motion for summary judgment to be filed after the 30-day period allowed under Trial Rule 56(C). The reply should have been stricken, which then would have required summary judgment in favor of Allstate.
Juan Lucio v. State of Indiana (mem. dec.)
29A02-1407-PC-484
Post conviction. Affirms denial of post-conviction relief from convictions of two counts of murder and on count of conspiracy to commit murder.
Darius T. Fisher v. State of Indiana (mem. dec.)
02A03-1406-CR-215
Criminal. Affirms convictions of Class C felony aiding robbery and Class D felony receiving stolen property.
Marshall Barnes-Bey v. State of Indiana (mem. dec.)
45A03-1409-CR-313
Criminal. Affirms denial of motion to correct erroneous sentence.
Derek Core v. State of Indiana (mem. dec.)
91A05-1406-CR-265
Criminal. Affirms conviction of Class C felony robbery.
In re the Termination of the Parent_Child Relationship of: S.H., A Child in Need of Services, M.H. v. Ind. Dept. of Child Services (mem. dec.)
02A04-1408-JT-370
Juvenile. Affirms trial court’s termination of M.H’s parental rights.
Opinions March 6, 2015
Indiana Court of Appeals
John Norris v. State of Indiana
34A04-1410-CR-499
Criminal. Remands to the trial court to reduce the sentence following a guilty plea to Class B felony dealing in a controlled substance from 20 years executed to 12 years with eight years executed. The panel concluded the sentence was excessive in light of the offense of selling 10 hyrdocodone pills for a total of $60.
Failure to conduct indigency hearing results in remand
A trial court that imposed a $340 probation fee on a defendant sentenced on misdemeanor convictions must be revisited because the court failed to conduct a hearing on the defendant’s ability to pay.
20-year sentence for $60 drug deal reduced as excessive
The 20-year executed sentence a Kokomo man received after pleading guilty to selling an undercover police officer 10 hydrocodone pills for $6 each was excessive, the Indiana Court of Appeals ruled Friday.
Lawsuit over Covanta recycling center plan set for hearing
A lawsuit prompted by Indianapolis Mayor Greg Ballard’s controversial recycling-plant deal is set for hearing March 10.
State appeals ruling blocking fenced hunting preserve rules
The Indiana attorney general's office is appealing a court ruling that state wildlife officials overstepped their authority in trying to shut down Indiana’s high-fenced deer-hunting preserves.
Indianapolis man gets 37 years in Henry County killing
A 35-year-old Indianapolis man has been sentenced to 37 years in prison for using a shotgun to kill another Indianapolis man in Henry County.
Opinions March 5, 2015 ILD
Indiana Court of Appeals
Jennifer Harding v. State of Indiana (mem. dec.)
34A02-1408-CR-590
Criminal. Reverses determination of Harding’s credit time after trial court ordered her to serve her suspended sentence. Remands with instructions.
Ted Prather v. State of Indiana (mem. dec.)
29A04-1408-CR-400
Criminal. Affirms conviction of Class C misdemeanor operating while intoxicated.
Alvino Pizano v. State of Indiana (mem. dec.)
45A05-1406-CR-277
Criminal. Affirms denial of Pizano’s motion to remove sexually violent predator designation and motion to remove parole special stipulations Nos. 1, 5 and 10.
Kap Thang v. State of Indiana (mem. dec.)
49A02-1406-CR-393
Criminal. Affirms order revoking community corrections placement.
Aurora Loan Services, LLC v. Gary Brian Plunkitt and Robert Nelson Imbody (mem. dec.)
32A04-1403-MF-104
Mortgage foreclosure. Affirms dismissal of Aurora Loan Services’ complaint against Plunkitt and Imbody seeking to enforce a promissory note on a residential property after Plunkitt defaulted on the note.
Devonne Clayborne v. State of Indiana (mem. dec.)
49A02-1407-CR-508
Criminal. Affirms conviction of Class A misdemeanor battery.
Wynford Jones v. State of Indiana (mem. dec.)
49A02-1407-CR-520
Criminal. Affirms revocation of probation and reinstatement of suspended sentence.
In the Matter of the Termination of the Parent-Child Relationship of, A.R.B., & A.K.B. (Children), and J.B. (Father) v. The Indiana Department of Child Services (mem. dec.)
02A04-1407-JT-348
Juvenile. Affirms termination of father’s parental rights.
Barbara L. Mack (individually) and Barbara L. Mack, Grandmother/Custodian and Next Friend of Jaylan N. Brown, a minor child v. Christine A. Amiott, Harold S. Burchfield, et al. (mem. dec.)
10A01-1405-CT-221
Civil tort. Affirms summary judgment in favor of Safe Auto Insurance that determined Mack’s uninsured motorist claim is barred because it was not filed within the policy’s two-year limitations period for claims arising under the uninsured motorist coverage.
Opinions March 5, 2015
Indiana Supreme Court
Kenneth Griesemer v. State of Indiana
49S04-1408-CR-564
Criminal. Affirms conviction of patronizing a prostitute. Finds the undercover detective merely presented Griesemer with an opportunity to patronize a prostitute and there was no inducement and therefore no entrapment. Justices Dickson and Rucker dissent with separate opinion.
Court affirms $100,000 in attorney fees to bank for defending groundless claim
A woman who claimed a bank acting as trustee breached its fiduciary duties by selling stock of JP Morgan Chase over the course of several years is still on the hook for more than $100,000 in attorney fees and costs to the trustee, the Indiana Court of Appeals affirmed Thursday. The COA agreed Susan Moeder brought a groundless claim against Salin Bank and Trust Co. after it sought to resign as trustee.