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Opinions Oct. 29, 2014 ILD

October 29, 2014

Indiana Court of Appeals
Joel McGee v. State of Indiana (NFP)
29A02-1406-CR-413
Criminal. Affirms order revoking probation and reinstating 365 days of McGee’s previously suspended sentence.

Mauricio Reyes-Flores v. State of Indiana (NFP)
49A02-1404-CR-275
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Auto-Owners Insurance Company v. Edward Foster (NFP)
18A05-1403-PL-107
Civil plenary. Affirms judgment that Bill Gaddis Chrysler Dodge’s insurer, Auto-Owners Insurance Co., has a duty to defend and indemnify the dealership in a personal injury accident involving a car it owned.

Alvin Donald Grisby v. State of Indiana (NFP)
82A04-1402-CR-68
Criminal. Affirms conviction of Class B felony conspiracy to commit dealing in methamphetamine.

Brent Wroblewski and Gretchen Wroblewski v. Angelo G. Valle (NFP)
45A03-1404-CT-137
Civil tort. Affirms judgment entered on the jury’s verdict in favor of Valle on the Wroblewskis’ lawsuit against him alleging negligence and loss of consortium following an auto accident.

James M. Burton v. State of Indiana (NFP)
02A03-1403-CR-98
Criminal. Affirms convictions of two counts of Class A felony child molesting and 40-year aggregate sentence.

Jeremy J. Turner v. State of Indiana (NFP)
90A02-1403-CR-222
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.

Opinions Oct. 29, 2014

October 29, 2014

7th Circuit Court of Appeals
Marshall G. Welton v. Shani J. Anderson, et al.
13-3336
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Civil. Affirms dismissal of Welton’s claims of malicious prosecution, violations of the Fourth and 14th amendments and state law violations. Welton failed to state a predicate constitutional violation in support of his malicious prosecution claim and failed to show the requisite malice.

Man convicted in Purdue shooting found dead

October 29, 2014

State correction officials say an Indiana man who fatally stabbed and shot a fellow Purdue University student earlier this year has been found dead in his prison cell.

NW Indiana cardiologists sued over procedures

October 29, 2014

Nineteen new lawsuits and a complaint with the Indiana Attorney General's Office have been filed against three northwestern Indiana cardiologists and a hospital, alleging that open-heart surgeries and other procedures were performed unnecessarily, lawyers said Tuesday.

Suspect in 7 Indiana slayings due in court again

October 29, 2014

A 43-year-old former Marine who police in Indiana say has confessed to killing seven women is scheduled to appear in court again after refusing to even acknowledge his name at an earlier hearing.

Senator seeks stiffer punishment for decapitations

October 29, 2014

The chairman of the state Senate Judiciary Committee says Indiana needs stronger penalties for decapitation.

Opinions Oct. 28, 2014 ILD

October 28, 2014

Indiana Court of Appeals
Harry H. Robertson v. State of Indiana (NFP)
82A01-1405-CR-231
Criminal. Reverses denial of petition for post-conviction relief and remands with instructions.

Antonio Manuel v. State of Indiana (NFP)
49A04-1402-CR-73
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Remington Diaz v. State of Indiana (NFP)
84A01-1403-CR-149
Criminal. Affirms order revoking probation and requiring Diaz to serve the balance of his previously suspended sentences under two different causes in the Department of Correction.

In Re the Marriage of Reba M. Dunagan and Joseph Dunagan, Joseph Dunagan v. Reba Michele Dunagan (Clinkenbeard) (NFP)
84A01-1312-DR-541
Domestic relation. Affirms order regarding multiple petitions filed by both parties related to child support, including finding father in contempt.

Good Earth Natural Foods, and Patrick Skowronek v. Metropolitan Development Commission, City of Indianapolis and Broad Ripple Associates, LLC (NFP)
49A04-1403-PL-120
Civil plenary. Affirms dismissal of complaint filed by remonstrators seeking judicial review of a zoning decision.

Jeffrey R. Hill v. State of Indiana (NFP)
20A03-1404-CR-132
Criminal. Affirms 120-year sentence following guilty plea to Class A felony robbery, Class A felony burglary, Class B felony conspiracy to commit burglary, and Class B felony criminal confinement.

In the Matter of the Termination of the Parent-Child Relantionship of : G.B,, D.B., Li.B., C.B., & Z.B., Minor Children and L.B., Father v. The Indiana Department of Child Services (NFP)
47A05-1405-JT-194
Juvenile. Affirms involuntary termination of father’s parental rights.

Opinions Oct. 28, 2014

October 28, 2014

7th Circuit Court of Appeals
United States of America v. Trevor Hinds
13-3543
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Criminal. Affirms two-level sentencing enhancement for production or trafficking under U.S.S. G. 2B1.1(b)(11)(B)(i). Hinds’ crime involved the production of counterfeit access devices (credit cards) and the court did not err in applying the enhancement. Vacates the two special conditions imposed: that Hinds pay a portion of the court-ordered substance abuse treatment and drug testing and that he submit to suspicionless searches and seizures. The court did not make a finding whether Hinds could pay for the testing, and the government concedes that the search and seizure condition is unlawfully broad and invasive.

Court adopts case-by-case approach in subrogation issue

October 28, 2014

The Indiana Court of Appeals, after skirting around the issue in 2012, decided that Indiana should use the case-by-case approach to address subrogation claims of landlords’ insurers against negligent tenants.

Children should remain in home despite grandmother’s felony conviction

October 28, 2014

The Indiana Court of Appeals found I.C. 31-19-11-1(c) to be unconstitutional as applied and upheld the adoption of two boys by their maternal grandmother. The judges held that her 1997 felony conviction for neglect of a dependent should not automatically bar her from adopting the children.

Police had probable cause to arrest man at library for child porn possession

October 28, 2014

Even though a man’s possession of child pornography charge was eventually dismissed, his arrest on the matter at a Bloomington library led to other charges. The Court of Appeals Tuesday affirmed the denial of Paul Allen Decker’s motion to suppress, in which he claimed any evidence stemming from that arrest must be suppressed.

Defense counsel’s move to prosecutor’s side doesn’t require special prosecutor

October 28, 2014

The Indiana Court of Appeals upheld a man’s 60-year sentence for shooting and killing his girlfriend after an argument, rejecting his claim that a special prosecutor should have been appointed in his case after his defense counsel took a job with the prosecutor’s office.

COA dismisses appeal that gave man ‘second bite at apple’

October 28, 2014

The Indiana Court of Appeals dismissed a case in which the trial court set aside a previous judgment in order to have a chance to get a new appeal. When doing so, the trial court noted, “hopefully the Court of Appeals wouldn’t frown upon” the judge who did that.

7th Circuit reverses 2 special conditions with bank fraud conviction

October 28, 2014

The government conceded that a man convicted for using fraudulently produced credit cards should not be subjected to suspicionless searches and seizures by authorities, so the 7th Circuit Court of Appeals reversed that condition of his supervised release.

Judges affirm DOE can counterclaim for repayment of student loans

October 28, 2014

The 7th Circuit Court of Appeals agreed with the lower court that the U.S. Department of Education’s counterclaim for loan repayment, filed in a man’s lawsuit seeking to not have to repay his student loans, is not barred.

Man charged with stalking Indiana legislator

October 28, 2014

A man running as an independent for an Indiana House seat faces charges that he stalked the district's current representative.

Texas prosecutor: Indiana suspect’s history unknown

October 28, 2014

Texas prosecutors may not have offered a suspected serial killer such a lenient prison sentence in a 2009 sexual assault case had they known about his conviction on a similar charge in Indiana five years earlier, a district attorney's spokesman said Monday.

Opinions Oct. 27, 2014 ILD

October 27, 2014

Indiana Court of Appeals
Juaquin Diaz-Delreal v. State of Indiana (NFP)
46A03-1404-CR-130
Criminal. Affirms one-year sentence in jail following guilty plea to criminal recklessness. Reverses and remands for trial court to vacate conviction as a Class D felony and enter the judgment as a Class A misdemeanor.

Uriah Booker v. State of Indiana (NFP)
49A04-1403-CR-103
Criminal. Affirms conviction of Class C felony battery.

Roy Lee McGraw v. State of Indiana (NFP)
49A04-1312-CR-589
Criminal. Affirms conviction of Class D felony intimidation.

Pepper M. Glisson v. State of Indiana (NFP)
35A04-1403-CR-145
Criminal. Affirms convictions of Class D felonies perjury and obstruction of justice.

Mark Bender v. State of Indiana (NFP)
09A05-1403-CR-143
Criminal. Affirms 4-year sentence following guilty plea to Class C felony possession of cocaine.

Shelley L. King v. State of Indiana (NFP)
49A05-1404-CR-153
Criminal. Affirms revocation of placement in community corrections and probation.

Trevin Hornbeak v. State of Indiana (NFP)
49A04-1311-CR-569
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana and reverses conviction of Class A misdemeanor possession of paraphernalia.

Opinions October 27, 2014

October 27, 2014

Indiana Court of Appeals
In Re the Adoption of K.W.: M.W. v. S.L. and T.L.
10A04-1309-AD-469
Adoption. Reverses decree granting S.L. and T.L.’s petition to adopt K.W. The trial court violated father’s due process rights when it failed to rule on his request for appointed counsel. Remands for the trial court to determine whether father, who is incarcerated, is indigent, and if so, to appoint counsel to represent him at a new adoption hearing.

COA agrees sellers must pay $280,000 in damages for ‘downright dangerous’ home

October 27, 2014

A couple who sold a house they built themselves that contained numerous structural issues is on the hook for $280,000 to the buyers of the home. The Court of Appeals found that the sellers made misrepresentations on their real estate sales disclosure form.

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