Lanane to Pence: properly staff DCS caseworkers
Indiana Senate Democratic Leader Tim Lanane said Monday that Gov. Mike Pence must add 77 new caseworkers at the Department of Child Services to comply with state law.
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Articles
Title conveyance travels winding road but COA finds owner
A fresh batch of legal questions are headed to the Wabash Circuit Court for resolution after the Indiana Court of Appeals found feuding neighbors were not co-owners of a lane that connects to all their properties.
Justices appear to favor small church over sign law
The Supreme Court of the United States on Monday appeared likely to side with a small church in its fight with a Phoenix suburb over limits on roadside signs directing people to Sunday services.
Opinions Jan. 9, 2015 ILD
Indiana Court of Appeals
Mason Brown v. State of Indiana (NFP)
35A05-1406-CR-294
Criminal. Affirms denial of motion to withdraw guilty plea to three felony counts of Class B criminal deviate conduct, one count of Class B rape and one count of Class D sexual battery.
Opinions Jan. 9, 2015
Indiana Court of Appeals
Jerome Sheckles v. State of Indiana
10A04-1405-CR-204
Criminal. Affirms conviction of Class A felony dealing in cocaine and adjudication of Sheckles as a habitual substance offender. Sheckles was not deprived of his right to a speedy trial under Criminal Rule 4(C), the trial court did not err when it denied Sheckles’ request for disclosure of a confidential informant’s identity, nor were Sheckles’ confrontation rights violated. The trial court did not abuse its discretion when it admitted into evidence a police video recording of the controlled buy.
Tennessee company sues Tippecanoe County over proposed quarry
A Tennessee company has sued officials in Tippecanoe County, saying they didn't have the authority to pass an ordinance meant to block a proposed limestone quarry project along the Wabash River.
Annual ‘Talk to a Lawyer’ program will offer free legal assistance
Attorneys across Indiana will be volunteering their services to help low-income individuals as part of the Indiana State Bar Association’s 2015 statewide “Talk to a Lawyer Today” program.
Second Indy township official charged with embezzlement
Federal prosecutors have charged a Center Township official in Indianapolis with embezzling tens of thousands of dollars in Social Security payments intended for disabled and elderly recipients.
Appeals court affirms cocaine-dealing conviction
A man convicted of Class A felony dealing cocaine and adjudicated a habitual substance offender couldn’t persuade the Indiana Court of Appeals that he was deprived of a speedy trial or that the evidence against him was improperly admitted or insufficient.
Bill would block local limits on large livestock facilities
Local governments would be prohibited from placing restrictions on large livestock facilities in rural areas under a bill being considered in the Indiana Senate.
CNBC’s ‘American Greed’ puts focus on Conour as appeal proceeds
The CNBC program “American Greed,” which bills itself as a “shocking true crime series (that) examines the dark side of the American Dream,” has taped an episode profiling former Indianapolis lawyer and convicted fraudster William Conour.
Opinions Jan. 8, 2015 ILD
Indiana Court of Appeals
Kristopher Souter v. State of Indiana (NFP)
02A03-1405-CR-170
Criminal. Reverses $2,500 restitution order following guilty plea to Class D felony receiving stolen property and Class B misdemeanor false informing. Remands with instructions to recalculate the amount of restitution owed by Souter.
Joel Bryce Granberry v. The Bank of New York Mellon Renovations by Russell LLC (NFP)
30A04-1405-CT-213
Civil tort. Affirms denial of Granberry’s motion to correct error, which challenged the dismissal of his actions against The Bank of New York Mellow and Renovations by Russell LLC. Remands for a determination of appellate attorney fees owed to Renovations by Russell.
Opinions Jan. 8, 2015
7th Circuit Court of Appeals
Daniel P. Minnick v. Carolyn W. Colvin, acting commissioner of Social Security
13-3626
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Reverses judgment of the District Court upholding the acting commissioner’s decision to deny benefits to Minnick and remands for further proceedings. The administrative law judge did not fully develop the record before drawing any conclusions and did not adequately articulate her analysis so that the appellate court could follow her reasoning.
Court properly excluded evidence regarding victim’s truthfulness
The trial court was correct to exclude evidence of specific instances from a woman regarding the truthfulness of her son, the victim of a sex crime, the Indiana Supreme Court ruled Thursday. That evidence is prohibited by Indiana Evidence Rule 608.
COA reverses domestic violence determination due to Blakely violation
A trial court committed fundamental error when it determined a man convicted by a jury of Class A misdemeanor battery committed a crime of domestic violence, the Indiana Court of Appeals held Thursday.
Housing agency, not court, ordered banned woman from properties
The Indiana Court of Appeals rejected a woman’s argument that the court imposed as part of her trespass sentence an order to stay away from any properties owned by the Indianapolis Housing Agency.
National Jurist: IU’s Henderson most influential in legal education
Indiana University Maurer School of Law Professor William Henderson is the nation’s most influential person in legal education, according to rankings appearing in the January 2015 edition of National Jurist magazine.
ALJ’s numerous errors require denial of benefits reversed
The 7th Circuit Court of Appeals reversed the decision of a federal judge to uphold the denial of a man’s request for disability insurance benefits. The appeals court held that an administrative law judge made a number of errors when considering the record.
Judge grants motion to make nonsurgical abortion ruling final
A federal judge has granted the state and plaintiff’s joint motion to make final her December ruling that a 2013 law regarding nonsurgical abortion clinics violates the Equal Protection Clause.
Parties ask for December nonsurgical abortion ruling to be made final
Attorneys for the state of Indiana and Planned Parenthood of Indiana and Kentucky filed a joint motion Tuesday requesting a federal judge make final her Dec. 3 ruling that found a 2013 law regulating nonsurgical abortion clinics violated the Equal Protection Clause.