Articles

Democrats push to be on Marion County judge ballot

Marion County Superior judge elections ruled unconstitutional this month should not proceed Nov. 4 as the current ballot is drawn, according to court pleadings from candidates who were left out of the general election.

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Man suspected of killing 7 refuses to answer judge

A man who allegedly confessed to killing seven women in Indiana refused to speak or even acknowledge his name to a judge Wednesday, and a sheriff explained later that the suspect was upset his hearing was in open court before dozens of journalists.

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Zoeller details casino millions funneled to E. Chicago pols

A former Indiana Democratic Party chairman and a longtime Lake County political activist enriched themselves with millions of dollars in casino revenue, Indiana Attorney General Greg Zoeller announced Wednesday, closing the book on long-running litigation that resulted in a $154,042 settlement payment to the city of East Chicago.

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Opinions Oct. 22, 2014 ILD

Indiana Court of Appeals
Richard P. Gorman v. State of Indiana (NFP)
82A05-1403-CR-135
Criminal. Affirms denial of motion for release of bond.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of N.D., J.G., and S.D. (Minor Children) and S.D. (Mother) v. Indiana Department of Child Services (NFP)
49A02-1402-JT-125
Juvenile. Affirms termination of parental relationship.

Christopher Stull v. State of Indiana (NFP)
31A03-1403-CR-110
Criminal. Affirms 12-year sentence for Class B felony operating a vehicle with a Schedule I or II controlled substance causing death.

Bernard E. Harris v. State of Indiana (NFP)
10A01-1404-CR-152
Criminal. Affirms sentence for two counts of child molesting as Class A felonies.

Margaret Walton v. Claybridge Homeowners Association, Inc. (NFP)
29A04-1402-MF-87
Mortgage foreclosure. Affirms denial of Walton’s motion for relief from judgment under Trial Rule 60(B) and denial of Claybridge’s request for appellate fees.

Bryan M. Strickler v. State of Indiana (NFP)
18A02-1401-CR-42
Criminal. Affirms 100-year sentence for two counts of Class A felony child molesting.

Darcell McCants v. State of Indiana (NFP)
79A04-1311-CR-591
Criminal. Affirms order denying motion for presentence credit time.

Benjamin Willis, II v. State of Indiana (NFP)

64A03-1401-CR-30
Criminal. Affirms conviction and sentence for Class A felony battery.

Michael Huffman v. State of Indiana (NFP)

48A02-1308-CR-731
Criminal. Affirms order denying motion to correct erroneous sentence.

David G. Taylor v. State of Indiana (NFP)
48A04-1405-CR-220
Criminal. Reverses and remands denial of motion to correct erroneous sentence.

The following opinion was misclassified as a not-for-publication in IL Daily Tuesday.
Georon Harris v. State of Indiana
02A03-1402-CR-73
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a permit. Finds Harris’ Fourth Amendment and Article 1, Section 11 rights were not violated when officers opened the door of an apartment to retrieve the gun placed on the floor inside by Harris as officers watched.
 

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Opinions Oct. 22, 2014

Indiana Supreme Court
Gary Wayne Oswalt v. State of Indiana
35S02-1401-CR-10
Criminal. Oswalt preserved appellate review of three for-cause challenges of prospective jurors, but because the trial court was within its discretion to deny all of them, affirms his convictions. Holds as a matter of first impression that parties satisfy the exhaustion rule the moment they use their final peremptory challenge, regardless of whom they strike. Also holds that if parties fully comply with the exhaustion rule and demonstrate they were unable to remove any prospective juror for lack of peremptories, appellate courts may review denial of any motion to strike for cause, regardless of whether a challenged juror actually served on the jury.

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COA: Bank should be allowed to intervene in foreclosure matter

The Indiana Court of Appeals reversed the denial of JPMorgan Chase Bank’s motion to intervene in a homeowners association’s attempt to foreclose on a home to fulfill a judgment. The COA found that the bank did not have actual notice of a pending action against the homeowner in 2007, as the association argued.

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COA: Gas station did not commit spoliation regarding mat

The Indiana Court of Appeals affirmed a lower court’s decision to not instruct a jury in a personal injury action regarding the spoliation of evidence. Margaret Dawson, the injured party, had ample time to inspect the mat she tripped on before the store replaced it.

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Justices rule on ‘exhaustion rule’ issue

The Indiana Supreme Court tackled issues of first impression Wednesday involving peremptory challenges and removing jurors for cause. The justices held that parties satisfy the “exhaustion rule” the moment they use their final peremptory challenge – regardless of whom they strike.

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Daughter’s cheating negates father’s obligation to pay for college

Finding that the “F” a Purdue University student received after her teacher discovered the student plagiarized comments from other students amounted to disciplinary action from the school, the Indiana Court of Appeals upheld the decision that her father no longer had to pay a portion of her school expenses based on a previous court order.

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Indiana man was violent long before 7 killings

With hindsight, there were signs years ago of increasing violence against women by Darren Vann, who police say has confessed to killing seven women in northwestern Indiana and is scheduled to appear in court Wednesday.

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