Indiana cuts some public audits over shortages
The State Board of Accounts no longer is auditing the financial records of Indiana libraries, conservancy districts, some public school accounts, and small towns and townships, its leader says.
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Articles
Dropped gun charges spark call for legislation
A former Marion County prosecutor is calling for legislation to remove the incentives for prosecutors to bargain away gun charges as the Indianapolis homicide rate continues to spiral.
New Bloomington mental health court starting up
A new Monroe County mental health court is aimed at keeping people mentally stable and out of trouble and the community safe, officials said.
Conour malpractice carrier wins rescission of coverage
The insurance company that provided malpractice coverage to ex-attorney and convicted fraudster William Conour prevailed in its civil suit against him, but his many victims still may receive a small amount from the case.
Opinions Oct. 10, 2014 ILD
Indiana Court of Appeals
Larry Peterson v. State of Indiana (NFP)
49A02-1401-CR-39
Criminal. Affirms conviction of Class B felony aggravated battery.
Stacy Robey v. State of Indiana (NFP)
49A02-1402-CR-104
Criminal. Reverses conviction of Class A misdemeanor possession of paraphernalia.
Jonathan David Turner v. State of Indiana (NFP)
03A01-1403-CR-146
Criminal. Affirms revocation of probation and order Turner serve the remainder of his sentence in the Department of Correction.
In re The Termination of the Parent-Child Relationship of Jo.N. and Ja.N. (Minor Children) and T.N. (Mother) v. Indiana Department of Child Services (NFP)
18A02-1403-JT-217
Juvenile. Affirms termination of mother’s parental rights.
Nicholas Suding v. State of Indiana (NFP)
32A01-1309-PC-426
Post conviction. Affirms denial of petition for post-conviction relief.
John Adams v. CTB, Inc., Individually and d/b/a, Brock Grain Systems (NFP)
08A04-1406-CT-256
Civil tort. Affirms summary judgment in favor of Brock Grain Systems on Adams’ negligence lawsuit.
Edward Ivy v. State of Indiana (NFP)
82A01-1404-CR-175
Criminal. Affirms conviction of Class A felony attempted murder.
Laura Faulkenburg v. State of Indiana (NFP)
22A01-1405-CR-211
Criminal. Reverses finding Faulkenburg in direct contempt for refusing to answer questions while on the witness stand and sentencing her to one year in jail.
Steven Terrell v. State of Indiana (NFP)
49A02-1401-CR-70
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony attempted robbery.
Tony A. White v. State of Indiana (NFP)
18A02-1403-CR-170
Criminal. Affirms convictions of four counts of Class C felony dealing in marijuana.
In re: The Matter of Supervised Estate of Joseph James Regalado (NFP)
64A04-1401-ES-14
Estate, supervised. Affirms order finding Baltasar Regalado in contempt for failing to comply with an order that he submit to DNA testing to establish whether he is the biological father of heir Paula Heffelfinger.
Alexis Cameron v. State of Indiana (NFP)
49A02-1403-CR-176
Criminal. Affirms conviction of Class D felony domestic battery.
Opinions Oct. 10, 2014
Indiana Court of Appeals
Susan A. Snyder v. Town of Yorktown, Delaware County Surveyor, Delaware County Drainage Board, Randall Miller & Associates, Inc., and Watson Excavating, Inc.
18A02-1405-CT-332
Civil tort. Reverses grant of the defendants’ motion to dismiss Snyder’s complaint regarding inverse condemnation because her complaint sufficiently states a claim for it. Affirms dismissal as it relates to her claim for trespass because the allegations in her complaint fail to establish any circumstances under which she would be entitled to relief for trespass. Remands for further proceedings.
Appeals court revives inverse condemnation claim
A woman who sued after town and county officials worked on a drainage project on her property without her permission will be able to present her claim for inverse condemnation. The Indiana Court of Appeals reversed the dismissal of that claim in her lawsuit against officials but affirmed she acted too late to present a trespass claim.
Former Indy deputy mayor joins developer as general counsel
Deron Kintner, the city of Indianapolis' former deputy mayor of economic development, has landed at local apartment developer Flaherty & Collins Properties.
SPLC founder urges lawyers to fight ‘tyrants among us’
A hero of the civil rights movement urged Indiana lawyers Thursday to fight “the tyrants among us” who he said lurk not only in hate groups, but also prey on the poor and disenfranchised from boardrooms and legislatures.
Nursing home chain to pay $38M in US settlement
A nursing home chain has agreed to pay $38 million to resolve allegations that it billed Medicare and Medicaid for substandard care at dozens of facilities around the country, the Justice Department said.
Strip club case heads to federal appeals court
The 7th U.S. Circuit Court of Appeals in Chicago will hear arguments on whether a northeastern Indiana city acted properly when it prevented a Fort Wayne couple from opening a strip club.
Judge finds Marion County judicial election system unconstitutional
A federal judge in Indianapolis has ruled that the statute outlining how Marion Superior judges are elected is unconstitutional. Because a stay has been issued, the ruling will not impact next month’s election.
IU Maurer establishes scholarship for Vassar College grads
Vassar College becomes the seventh school Indiana University Maurer School of Law has partnered with to establish a scholarship and mentoring program for students interested in pursuing legal education.
Opinions Oct. 9, 2014 ILD
Indiana Court of Appeals
Richard R. Hogshire v. Ursula Hoover (NFP)
06A01-1312-DR-513
Domestic relation. Affirms trial court judgment holding Hogshire in contempt for failing to pay Hoover in accordance with prior provisional orders. Remands with instructions to revise the judgment such that the stated amounts of maintenance and other fees are consistent with the COA’s remand instructions from prior rulings on this case.
In the Matter of the Termination of the Parent-Child Relationship of: E.H. (Minor Child), and S.F. (Mother) v. The Indiana Department of Child Services (NFP)
57A03-1403-JT-101
Juvenile. Affirms termination of mother’s parental rights.
Antoine McDuffie v. State of Indiana (NFP)
20A04-1404-CR-158
Criminal. Affirms sentence following guilty plea to Class B felonies robbery, burglary, criminal confinement and conspiracy to commit burglary.
John W. Hayes v. State of Indiana (NFP)
03A04-1405-CR-221
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.
Daryl K. Henderson, Jr. v. State of Indiana (NFP)
45A03-1401-CR-34
Criminal. Affirms conviction of felony murder.
In Re the Marriage of: John R. Garrett v. Penny L. Brown (NFP)
35A04-1405-DR-235
Domestic relation. Vacates trial court’s order of modification of child support and remands for further proceedings.
Dexter Marshall Jr. and US Auto Insurance Company, Inc. v. United Farm Family Mutual Insurance Company (NFP)
84A04-1311-PL-558
Civil plenary. Affirms grant of United Farm Family Mutual Insurance Co.’s complaint for declaratory judgment.
James M. Ross IV v. State of Indiana (NFP)
84A01-1401-CR-43
Criminal. Reverses conviction of Class C felony battery resulting in serious bodily injury.
Opinions Oct. 9, 2014
Indiana Court of Appeals
Stacey D. Cox v. State of Indiana
29A05-1312-CR-637
Criminal. Affirms convictions of Class D felony involuntary manslaughter and Class B misdemeanor operating a child care home without a license. The state presented sufficient evidence that Cox operated a child care home under I.C. 12-17.2-5-28.6.
Indiana Tech begins search for law school dean
Indiana Tech Law School has started the process of finding a new dean, but the institution is releasing few details about the search.
Judges uphold convictions for death of child at unlicensed home daycare
The state presented sufficient evidence that a Hamilton County woman operated a child care home under the law, the Indiana Court of Appeals held Thursday in affirming her convictions related to a death of a child while in her care.
School discipline summit highlights problem of suspensions and expulsions
Speaking to a group of Indiana educators, school administrators and legal professionals, retired Judge Irene Sullivan drew applause when she stated school suspensions and expulsions should be illegal under federal law.
Garage door company on hook for $21M jury award
A Plainfield garage door company has been ordered to pay $21.3 million in damages to an Indianapolis man who suffered permanent, disabling spinal injuries in 2006 due to a malfunctioning garage door.
Some counties not issuing same-sex marriage licenses
Some Indiana counties still are balking at issuing same-sex marriage licenses. The clerk in one of those counties says she is still awaiting more guidance from the state.