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Opinions Nov. 6, 2014 ILD

November 6, 2014

Indiana Court of Appeals
Harold Hellums v. State of Indiana (NFP)
14A01-1402-PC-67
Post conviction. Affirms denial of petition for post-conviction relief.

Kevin Tandy v. State of Indiana (NFP)
49A04-1403-CR-139
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class A misdemeanor.

State of Indiana v. Anthony Rivera (NFP)
32A04-1402-CR-72
Criminal. Affirms Rivera’s sentence of time served as a consequence of a technical violation of his direct placement in community corrections.

Rueth Development Company v. Power-Rueth & Associates, Donald S. Powers, Margaret F. Powers, et al. (NFP)
45A05-1402-PL-80
Civil plenary. Affirms denial of Rueth Development Company’s request to file a successive amended complaint, denial of its request to file supplemental designated evidence and summary judgment in favor of the appellees in a lawsuit filed to block the sale of the Briar Ridge Country Club to the Preservation Committee LLC.

Don Thomas v. State of Indiana (NFP)
90A02-1403-CR-221
Criminal. Affirms denial of request to withdraw guilty plea to three counts of Class D felony theft and one count of Class C felony corrupt business influence.

Opinions Nov. 6, 2014

November 6, 2014

Indiana Court of Appeals
Victor Keeylen v. State of Indiana
49A05-1308-CR-419
Criminal. Grants rehearing and affirms original opinion in all respects. Clarifies point from original opinion and still holds that it is unlikely the detective attempted to mislead the judicial officer into issuing the search warrant.

Judges uphold denial of motion to suppress on rehearing

November 6, 2014

The Indiana Court of Appeals, after clarifying a point in their original opinion, still did not believe that a police detective tried to mislead a judge in order to obtain a search warrant. The judges upheld their original decision that affirmed the denial of a man’s motion to suppress evidence collected at his home following drug deals.

Republicans to ‘tread lightly’ with bigger Statehouse majorities

November 6, 2014

Republicans celebrated Election Day wins that extended their legislative supermajorities to levels not seen for decades but pledged to be inclusive with the dwindling number of their Democratic colleagues. IBJ.com has more on the Republicans' plans for dealing with Democrats during this upcoming session.

Indiana man sentenced in shooting of intruder

November 6, 2014

An eastern Indiana man has been sentenced to 60 days in jail for firing gunshots that wounded an intruder who was fleeing his property.

New managing partner takes helm at Barnes & Thornburg

November 6, 2014

Barnes & Thornburg LLP announced Thursday the new managing partner of its Indianapolis office.

Author of bin Laden book sues Indiana attorney, firm for malpractice

November 6, 2014

A former Navy SEAL who wrote a book describing the raid that killed Osama bin Laden sued his former lawyers Wednesday for malpractice, saying they gave him bad advice that tarnished his reputation, cost him his security clearance and caused him to surrender much of the book's income to the government.

All appeals judges retained by voters

November 5, 2014

The four Indiana appellate judges up for retention this year received approval from voters Tuesday.

Opinions Nov. 5, 2014 ILD

November 5, 2014

Indiana Court of Appeals
Garland W. Thomeson v. State of Indiana (NFP)
79A04-1403-PC-106
Post conviction. Affirms denial of petition for post-conviction relief.

Kieon Smith v. State of Indiana (NFP)
49A05-1402-CR-74
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

David Johnson and Ieva S. Johnson and Eva G. Sanders and Joseph K. and Michelle Yeary v. Indiana Department of Environmental Management and Town of Whitestown (NFP)
06A05-1310-PL-506
Civil plenary. Grants rehearing and affirms the dismissal of the appellants’ petition for judicial review. Judge Riley would deny rehearing.

Casey Riggins v. State of Indiana (NFP)
49A02-1404-CR-252
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangered a person.

Opinions Nov. 5, 2014

November 5, 2014

Indiana Court of Appeals
Erie Insurance Exchange v. Troy Sams and Teresa Sams
44A03-1403-CT-97
Civil tort. Affirms judgment ordering Erie Insurance to pay the Samses $63,924.89 for losses they suffered after a storm damaged their home. The trial court did not err in finding the policy covered the storm damage to the home and the judgment amount was not clearly erroneous.

Indianapolis Legal Aid Society giving makeover to annual holiday fundraiser

November 5, 2014

This holiday season, potential donors receiving a letter from the Indianapolis Legal Aid Society will not find a dollar bill in the envelope.

Insurer on the hook for nearly $64,000 in home repairs following storm

November 5, 2014

An insurance company, based on the terms of its policy, is required to cover storm damage to the home of a northern Indiana couple, the Indiana Court of Appeals affirmed Wednesday. The insurer argued deteriorated shingles were the cause of the water damage in the home.

COA affirms South Dakota law applies to personal injury case

November 5, 2014

A Marion Superior Court did not err when it decided that the location of an accident involving a drowsy driver – South Dakota – should be the applicable law in a case brought in Indiana.

Big GOP wins create questions for Indiana Democrats

November 5, 2014

Indiana Democrats are looking for places to rebuild after an election drubbing that saw Republicans capture all three statewide offices on the ballot, build on an already overwhelming supermajority in the state Senate and protect their supermajority in the House.

Attorney: Candidate’s arrest politically motivated

November 5, 2014

An attorney says the Election Day arrest of a central Indiana town council candidate was politically motivated.

Appeals court weighing Indiana strip club dispute

November 5, 2014

A federal appeals court is now considering whether northeastern Indiana city officials acted properly when they prevented a strip club from opening.

Teen gets Marion County summons to serve on jury

November 5, 2014

A Speedway High School freshman on Monday received a summons in the mail to serve on a jury in Marion County.

Election Day Court Closure announcement

November 4, 2014

Courts are closed Nov. 4 in observance of election day.

Grassroots group challenges jail plan, wants focus on jobs

November 4, 2014

A grassroots, church-based organization is trying to stir up voter interest in Marion County’s plan for a new criminal justice complex and questioning the need to expand jail capacity.

Republicans try to preserve Indiana dominance

November 4, 2014

Indiana Republicans spent more than a decade building a strong grip on Indiana's state offices, and voters headed to the polls Tuesday to decide whether they should maintain that hold.

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