Indiana panel sidetracks US constitutional convention call
The conservative cause asking states to call the first constitutional convention since the nation's founding is facing some skepticism among Indiana legislators.
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Opinions Feb. 18, 2015 ILD
Indiana Court of Appeals
State of Indiana v. Shelby L. Pieper (mem. dec.)
19A05-1407-CR-303
Criminal. Affirms grant of motion to suppress evidence filed by Piper.
Mark B. Harsley, II v. State of Indiana (mem. dec.)
29A02-1409-CR-661
Criminal. Affirms convictions of three counts of Class A misdemeanor invasion of privacy.
Fuel Fitness Winfield, Inc., and Jared Tomich v. Boro Baloski, Lubinka Baloski, Goran Baloski, Fitness 1, Inc., B&B Regional Development, LLC (mem. dec.)
45A03-1406-CC-190
Civil collection. Affirms denial of Fuel Fitness’ and Tomich’s motion to correct error and denial of their motion to amend their answer following the trial court’s grant of summary judgment in favor of the Baloskis and others in the amount of $484,345.
Ivan Sanchez v. State of Indiana (mem. dec.)
29A04-1409-PC-426
Post conviction. Affirms denial of petition for post-conviction relief.
Albert Goering v. State of Indiana (mem. dec.)
88A05-1406-CR-261
Criminal. Affirms 15-year sentence for five counts of Class B felony sexual misconduct with a minor and one count of Class B felony attempted sexual misconduct with a minor.
Opinions Feb. 18, 2015
Indiana Supreme Court
Jeffrey A. Weisheit v. State of Indiana
10S00-1307-DP-492
Death penalty. Affirms two convictions of murder and one conviction of Class A felony arson resulting in serious bodily injury and sentence to death. There is sufficient evidence to support the convictions. The trial court did not err in excluding a prison administration expert’s testimony that Weisheit could be safely incarcerated in prison nor did it err in refusing to excuse 12 jurors for cause.
Justices affirm death penalty for man who killed 2 children
A Vanderburgh County man convicted of the murders of his girlfriend’s eight- and five-year-old children after setting fire to hishome in 2010 will remain on death row. The Indiana Supreme Court declined to reverse his convictions or revise his sentence.
7th Circuit grants habeas relief for man on death row
An Evansville man sentenced to death for the 2001 murders of his wife and two daughters is not entitled to habeas relief on his claim of intellectual disability, the 7th Circuit Court of Appeals ruled Tuesday. But his petition should be granted because the state courts unreasonably applied federal due process standards in adjudicating his competency to stand trial.
Attorney fee lien invalid if filed before judgment entered
An attorney who filed a lien for attorney fees prior to judgment being entered in a dissolution proceeding lost his case before the Court of Appeals after it determined Indiana statute requires the lien be filed after a judgment in the case is entered.
6 central Indiana dental employees reach plea deals
Prosecutors have struck plea agreements with six former employees of a central Indiana dental clinic in connection with a Medicaid fraud investigation.
Senate panel quickly advances religious freedom bill
Republicans on an Indiana Senate committee quickly advanced a proposed religious freedom law before any of the Democratic members arrived to vote.
Medical malpractice bill killed in Senate
A proposal to allow clear medical malpractice claims to go directly to court rather than through medical review panels was defeated Monday in the Indiana Senate.
Opinions Feb. 17, 2015 ILD
Indiana Court of Appeals
Christopher R. Hall v. State of Indiana (mem. dec.)
27A05-1406-CR-267
Criminal. Affirms convictions of Class D felonies domestic battery and strangulation, and Class A misdemeanor invasion of privacy.
Louis Davis v. State of Indiana (mem. dec.)
34A02-1405-CR-372
Criminal. Affirms convictions of Class D felonies receiving stolen property and possession of marijuana.
Reko Deprea Levels v. State of Indiana (mem. dec.)
82A01-1404-CR-177
Criminal. Affirms conviction of Class D felony theft, adjudication as a habitual offender and 6-½-year sentence.
Jerry Miller v. State of Indiana (mem. dec.)
49A02-1405-CR-302
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with a blood alcohol content over 0.15.
Bryan Jerman and Property Insurance Services, Inc. v. Cash-Pro, Inc. (mem. dec.)
49A02-1407-CC-453
Criminal. Affirms order denying Jerman’s motion to set aside a default judgment.
Htar Kyoo v. State of Indiana (mem. dec.)
02A03-1405-CR-149
Criminal. Affirms conviction of Class B felony rape.
Anthony D. Evinger v. State of Indiana (mem. dec.)
84A01-1408-CR-327
Criminal. Affirms conviction of Class C felony child molesting.
Dominick Fazzini v. State of Indiana (mem. dec.)
64A04-1406-CR-296
Criminal. Affirms conviction of Class A felony burglary.
Opinions Feb. 17, 2015
Indiana Tax Court
Alloy Custom Products, Inc. v. Indiana Department of State Revenue
49T10-1102-TA-17
Tax. Grants summary judgment in favor of the Department of State Revenue and denies Alloy Custom Products’ motion for summary judgment regarding a refund of sales tax paid on utilities Alloy consumed while “rehabilitating” cryogenic tanker trailers between September 2006 and March 2010. Alloy’s rehabilitation process does not produce other, or new, tangible personal property.
COA orders new trial for woman who shot and killed pastor
The Indiana Court of Appeals reversed a guilty but mentally ill verdict against an Indianapolis woman who killed the pastor at her church because she believed he was part of a cartel that was pitted against her. The judges held Lori Ann Barcroft’s due process rights were violated when the judge entered that verdict.
Attorney general sues county auditor accused of theft
Indiana Attorney General Greg Zoeller is suing former Owen County Auditor Angie M. Lawson to recover more than $380,000 in embezzled taxpayer funds. Lawson also faces criminal charges stemming from the same theft of public funds.
Ex-Greensburg police chief faces theft, misconduct counts
A former Greensburg police chief has been arrested after an audit of evidence records found discrepancies that a prosecutor said could affect more than a dozen cases.
House panel backs repealing Indiana public projects wage law
A sharply divided Indiana House committee has endorsed a proposal to repeal the state law that sets wages for public construction projects.
Lawyers to lead annual March Against Hunger
The Indiana State Bar Association and the office of Indiana Attorney General Greg Zoeller will join with Feeding Indiana’s Hungry on Wednesday to kick off a monthlong effort to raise money and nonperishable donations for the state’s regional food banks.
Tanker trailer manufacturer not entitled to sales tax refund on rehabbed tankers
A Delphi company that makes cryogenic tanker trailers as well as repairs and rehabilitates used ones could not convince the Indiana Tax Court that it should be entitled to a refund on the utilities it used to rehab used tankers.
House Republicans block minimum-wage ballot question
Hoosier voters won’t have the opportunity to participate in a non-binding referendum on raising the minimum wage as most states have done.
Federal judge stalls Obama’s executive action on immigration
A federal judge in South Texas has temporarily blocked President Barack Obama's executive action on immigration, giving a coalition of 26 states time to pursue a lawsuit that aims to permanently stop the orders.
Funding short for Indianapolis-area jail literacy program
A program that provides literacy instruction to inmates in Indianapolis-area jails is having funding problems and organizers of the nonprofit Indy Reads have said its future is uncertain.