Articles

Opinions Sept. 19, 2014

Indiana Court of Appeals
City of Mitchell v. Randy Phelix
47A01-1402-PL-88
Civil plenary. Reverses denial of its complaint for a declaratory judgment related to former Mitchell city policeman Randy Phelix’s claim for medical expenses due to disabilities resulting from dismantling methamphetamine labs. The appeals court held that the trial court erred when it ruled that Phelix was entitled to have the city pay his medical bills under I.C. 36-8-4-5 despite the worker’s compensation carrier’s denial of his claim.

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Supreme Court posts annual report

The Indiana Supreme Court has posted its annual report, providing details of the 995 cases it reviewed in the fiscal year ending June 30 and elaborating on plans to roll out electronic filing in trial courts statewide.

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DCS settles adoption subsidy lawsuit

Families who sued the Department of Child Services will receive $15.1 million in state foster child adoption subsidies withheld from 2009 to 2014, DCS announced Thursday.

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Opinions Sept. 18, 2014 ILD

Indiana Court of Appeals
Robert F. Lynn, Linda S. Lynn, and Robert Lynn Company, Inc. v. Ronnie Shaffer and Jane Shaffer (NFP)
10A01-1309-PL-386
Civil plenary. Reverses award of attorney fees to Ronnie and Jane Shaffer.

Terence W. Lowery v. State of Indiana (NFP)
54A05-1402-CR-85
Criminal. Affirms 20-year executed sentence following guilty plea to Class A felony child molesting and Class B felony sexual misconduct with a minor.

Darryl S. Newell v. State of Indiana (NFP)
20A03-1401-CR-23
Criminal. Affirms convictions of Class A felony child molesting and Class B felony criminal deviate conduct.

Deadrian Boykins v. State of Indiana (NFP)
02A05-1312-CR-642
Criminal. Affirms murder conviction and 65-year sentence.

Joseph Wayer v. State of Indiana (NFP)
71A03-1310-CR-415
Criminal. Affirms murder conviction.

 

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Opinions Sept. 18, 2014

Indiana Supreme Court
State of Indiana v. Frank Greene
49S02-1403-PC-172
Post conviction. Reverses grant of post-conviction relief, which would have reduced Greene’s Class B felony criminal confinement conviction to a Class D felony. Greene did not receive ineffective assistance of trial or appellate counsel due to his attorneys’ failure to present allegedly controlling precedent from this court. Greene mischaracterizes the application of Long v. State.

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Justices reverse grant of post-conviction relief

The Indiana Supreme Court on Wednesday rejected a defendant’s claim that his attorneys were ineffective for not arguing that, based on a Supreme Court case, his conviction for Class B felony criminal confinement should be reversed or reduced. But the man inappropriately relies on the case, and what he claims his attorneys should have argued is not the law.

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Indiana may slash funds for domestic violence victims

Advocates for domestic violence victims and the administration of Gov. Mike Pence clashed Wednesday over whether it's seeking to slash funding for services when demand is surging after a video showed suspended NFL player Ray Rice hitting his future wife.

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Opinions Sept. 17, 2014 ILD

Indiana Court of Appeals
Robert P. Benavides v. State of Indiana (NFP)
18A02-1405-PC-318
Post conviction. Affirms dismissal of petition for writ of state habeas corpus.  

Mark Keaton v. Douglas Goeglein (NFP)
02A04-1404-PL-155
Civil plenary. Affirms summary judgment in favor of Goeglein, Keaton’s probation officer, and denial of Keaton’s motion for partial summary judgment on his Section 1983 action against Goeglein.

City of Evansville v. Anna K. White (NFP)
82A01-1404-PL-171
Civil plenary. Reverses denial of city’s motion for summary judgment on White’s complaint that the city’s negligent installation of a storm sewer damaged her property. Remands for further proceedings.
 

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Repairs underway at LaGrange County courthouse

The LaGrange County courthouse is getting a face-lift. Crews from an Iowa firm that specializes in repairing aging masonry work arrived in LaGrange early Tuesday morning and started an extensive job to restore the exterior brick and stone walls of the 136-year-old county building.

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