U.S. judge blocks Obamacare tax rule for non-exchange states
An Oklahoma federal judge dealt a blow to President Barack Obama’s health care law, invalidating IRS rules aimed at making policies affordable for consumers around the country.
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Judge tosses suit over IU student’s disappearance
A federal judge has thrown out the lawsuit filed by the parents of an Indiana University student last seen more than three years ago against two men who were with her the night she vanished.
Opinions Oct. 1, 2014 ILD
Indiana Court of Appeals
Lathay Davis v. State of Indiana (NFP)
49A02-1403-CR-148
Criminal. Affirms conviction of Class A misdemeanor battery.
Opinions Oct. 1, 2014
Indiana Supreme Court
Robert Corbin v. State of Indiana
75S03-1401-CR-13
Criminal. Affirms trial court denial of a motion to dismiss a charge of attempted child seduction and remands for further proceedings. Whether Corbin’s Facebook communications propositioning a 16-year-old student for sex constituted the required substantial step toward the crime is a question not ripe for dismissal on interlocutory appeal. Justices found the charges match the statutory elements sufficient to survive a motion to dismiss at this time.
Court must reconsider man’s request for credit time
A trial court mistakenly believed it could not award educational credit time to a man serving his sentence on home detention, so the Indiana Court of Appeals ordered the court to re-evaluate his petition.
Justices order $7,025 credit applied for father’s arrearage
In a per curiam decision released Wednesday, the Indiana Supreme Court accepted a case involving owed child support and ordered the father be credited for more than $7,000 seized from his bank account for the arrearage.
American Judicature Society dissolving after 101 years
The American Judicature Society, an organization formed in 1913 to promote a fair justice system, announced Tuesday that it will be shutting down amid challenging times for nonprofits.
Annual Red Masses bless lawyers, judges and government officials
With the start of October comes the celebration of the ancient rite of the Red Mass. Two masses, meant to convey God’s blessing on those who serve the law, will be held in Indiana.
Justices reverse COA, reinstate ex-teacher’s attempted seduction charge
A former high school teacher must face a charge of attempted child seduction for Facebook communications propositioning a 16-year-old student for sex, the Indiana Supreme Court ruled Tuesday, reinstating a case the Court of Appeals had dismissed.
Judge upholds conviction in southwestern Indiana slaying
A judge has denied a southwestern Indiana man's request to reverse his murder conviction for the shooting death of his ex-girlfriend's father.
Petition seeks charges in crash that killed 7
A Georgia man hopes an online petition will help persuade a northwestern Indiana prosecutor to file charges against a trucker for a crash that killed seven family members.
Venue change sought in case of woman’s 1975 death
An Indiana man who spent more than 25 years in prison for the death of his second wife is seeking a new location for his trial on charges he killed his first wife in 1975.
What if high court rejects gay marriage cases?
The fastest and surest path to marriage for same-sex couples in some parts of the United States would be for the U.S. Supreme Court to surprise everyone and decline to get involved in the issue right now.
Opinions Sept. 30, 2014 ILD
Indiana Court of Appeals
Raymond P. Dick v. State of Indiana (NFP)
15A01-1312-CR-554
Criminal. Affirms sentence following guilty plea to Class D felony voyeurism and Class C felony attempted child exploitation.
Derrick Zinerman v. State of Indiana (NFP)
49A02-1402-CR-81
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
In the Matter of the Termination of the Parent-Child Relationship of S.G., minor child, and K.G., the mother, and S.L., the father, K.G. v. Indiana Department of Child Services (NFP)
79A02-1403-JT-194
Juvenile. Affirms termination of parental rights.
Craig Hatchett v. State of Indiana (NFP)
49A02-1402-CR-88
Criminal. Affirms conviction of Class B felony dealing in cocaine.
Kufanyo Brooks v. State of Indiana (NFP)
79A02-1403-PC-154
Post conviction. Affirms denial of petition for post-conviction relief.
Larry Troiani v. State of Indiana (NFP)
13A01-1402-CR-81
Criminal. Affirms sentence for convictions of two counts of Class B felony dealing in a Schedule I, II or III controlled substance.
Breanne H. Rice v. State of Indiana (NFP)
49A02-1401-CR-12
Criminal. Affirms conviction of Class C felony promoting prostitution.
John B. Sirbu v. Review Board of the Indiana Department of Workforce Development and IDWD U.I. Claims Adj. Ctr. (NFP)
93A02-1401-EX-23
Agency action. Dismisses Sirbu’s appeal of the denial of his request for reinstatement of his appeals to the Unemployment Insurance Review Board on two determinations of eligibility for unemployment benefits.
In re the Visitation of A.D. and B.D., Candy Miller v. Abby Dickens
69A05-1401-DR-39
Domestic relation. Affirms denial of grandmother’s grandparent visitation petition after finding she had neither met her burden to rebut the presumption accorded to mother as a fit parent nor her burden to show that visitation was in the children’s best interests.
Russell Murrain v. State of Indiana (NFP)
54A04-1403-CR-93
Criminal. Affirms order that Murrain serve the remaining 1,075 days of his previously suspended sentence after violating his probation.
Anessa B. Bennett v. State of Indiana (NFP)
20A05-1307-PC-339
Post conviction. Affirms denial of petition for post-conviction relief.
Jamie M. Curtsinger v. State of Indiana (NFP)
21A04-1312-CR-645
Criminal. Affirms conviction of Class A misdemeanor intimidation.
K.T. v. State of Indiana (NFP)
20A03-1311-JV-453
Juvenile. Affirms denial of motion for relief from judgment regarding K.T.’s 1996 delinquency adjudication for what would have been Class C felony child molesting if committed by an adult.
Raymond Ryan Marling v. State of Indiana (NFP)
40A01-1403-CR-109
Criminal. Affirms convictions and sentence for possession of cocaine with intent to deliver, a class B felony; possession of a Schedule IV controlled substance, a class D felony; two counts of possession of a legend drug, class D felonies; unlawful possession of a syringe, a class D felony; and possession of a handgun by a felon, a class C felony.
Charles C. Wood v. State of Indiana (NFP)
49A05-1310-CR-514
Criminal. Dismisses appeal of the denial of Wood’s motion for earned reformative educational credit time.
Gordon Lee Peak v. State of Indiana (NFP)
48A02-1312-CR-992
Criminal. Affirms revocation of probation.
Tarainka A. Cain v. State of Indiana (NFP)
02A03-1402-CR-63
Criminal. Affirms conviction of Class B felony aggravated battery and vacates convictions of Class D felony criminal recklessness, Class A misdemeanor battery and Class C felony criminal recklessness because those three convictions are supported by the same alleged act.
Opinions Sept. 30, 2014
Indiana Supreme Court
Gersh Zavodnik v. Irene Harper
49A04-1307-PL-316
Civil plenary. Denies transfer to Zavodink’s appeal of the dismissal of his appeal for failure to file a timely brief and appendix. Offers guidance to courts on how to deal with prolific, abusive litigants.
JQC files charges against judge following OWI arrest in Kentucky
The Indiana Commission on Judicial Qualifications filed one count against a southern Indiana town court judge who was arrested and pleaded guilty to operating while intoxicated in Louisville, Kentucky.
Supreme Court tells judges how to deal with prolific, abusive litigants
The Indiana Supreme Court released a per curiam decision Tuesday dismissing the appeal of a man described as a “prolific, abusive litigant” based on the 123 cases he has filed in state court throughout Indiana. In its opinion, the justices also provide guidance to trial courts on how to deal with abusive and vexatious litigation practices.
Court properly denied grandmother visitation rights
A trial court properly ruled on a case as a petition for grandparent visitation, not as a modification of already established visitation, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a paternal grandmother’s request for visitation.
Court properly denied grandmother visitation rights
A trial court properly ruled on a case as a petition for grandparent visitation, not as a modification of already established visitation, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a paternal grandmother’s request for visitation.
Court erred in ordering insurer to pay costs of cleanup
A trial court misinterpreted a previous ruling involving an insurance coverage dispute for environmental cleanup costs, and as such, erred when it ordered the insurer to pay costs that were incurred as a result of a settlement, the Indiana Court of Appeals held.