Former Indiana chief justice to receive democracy award
Randall T. Shepard, former Indiana chief justice, will receive the Advancing American Democracy Award from the Benjamin Harrison Presidential Site next month.
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Articles
Court clarifies attorney fee recovery under Trial Rule 34(C)(3)
The Indiana Court of Appeals Tuesday decided that under Indiana Trial Rule 34(C)(3), refusing to comply with a discovery request solely because the parties can’t agree on an appropriate amount to pay does not constitute reasonable resistance to a discovery request.
Ong to head Southern District’s criminal section
A federal prosecutor with 25 years of experience has been appointed the interim head of the criminal division for the Southern District of Indiana.
NCAA’s strongest argument might be cap limit
The NCAA's best argument against the Ed O'Bannon ruling may be the financial limits imposed by U.S. District Judge Claudia Wilken — the same ones the NCAA lauded in her decision.
Opinions Aug. 18, 2014 ILD
Indiana Court of Appeals
Efren Mendoza-Vargas v. State of Indiana (NFP)
20A03-1311-CR-430
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony maintaining a common nuisance and Class D felony possession of marijuana.
In the Matter of the Termination of the Parent-Child Relationship of: J.E., Minor Child, JY.E., Father v. Indiana Department of Child Services (NFP)
82A01-1401-JT-20
Juvenile. Affirms involuntary termination of father’s parental rights.
In the Matter of the Termination of the Parent-Child Relationship of: C.C. III (Minor Child) and C.C. II (Father) v. Indiana Department of Child Services (NFP)
82A01-1401-JT-39
Juvenile. Affirms order terminating father’s parental rights.
Anthony D. Dunn v. State of Indiana (NFP)
34A02-1402-CR-99
Criminal. Affirms order revoking community corrections placement and committing Dunn to the Department of Correction for the remainder of his sentence. Remands for correction of mathematical error in the calculation of credit time.
Prince Santiago v. State of Indiana (NFP)
49A05-1312-CR-619
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
William Hess v. C.A.D., C.N.D., John Doe, Jane Doe (NFP)
20A03-1401-CT-35
Civil tort. Affirms ruling that Hess is liable to C.A.D., C.N.D., and their parents for damages resulting in emotional distress, counseling expenses and lost wages after Hess molested the juveniles.
Craig Sampson v. State of Indiana (NFP)
87A01-1312-CR-534
Criminal. Affirms conviction of Class C felony child molesting.
Jim Edsall v. State of Indiana (NFP)
57A05-1402-PC-51
Post conviction. Affirms in part the denial of Edsall’s petition for post-conviction relief, Finds summary denial was improper on the issue of the validity of his guilty plea. The failure to address this issue requires remand for determination of whether he entered into his guilty plea knowingly and voluntarily.
Opinions Aug. 18, 2014
Indiana Court of Appeals
Linda D. McIntire, and those similarly situated v. Franklin Township Community School Corporation
49A02-1401-PL-2
Civil plenary. Affirms summary judgment in favor of the school corporation on McIntire’s lawsuit challenging certain fees charged to students in high school. The trial court erred in concluding her claim was subject to the notice requirements of the Indiana Tort Claims Act, but affirms because McIntire may not maintain a claim for monetary damages under Article I, Section 8 of the Indiana Constitution.
Public defender’s storytelling on display at fringe festival
An attorney at the Marion County Public Defender Agency is headlining one of the 64 shows being performed at this year’s Indy Fringe Festival.
Rush takes oath as chief justice
Choosing an intimate but profound setting in the Indiana Supreme Court Law Library to take the oath Monday as the state’s first female chief justice, Loretta Rush said the history in the tomes speak volumes to her.
Suit alleging unconstitutional school fees fails in COA
A Marion County mother who sought damages for having to pay certain fees for her children to attend public school lost her appeal before the Indiana Court of Appeals Monday. The judges agreed with the lower court that the state constitution does not permit her claim for monetary damages.
COA: Auditor complied with notice statutes in tax sale
The Indiana Court of Appeals affirmed a 2013 order by a trial court that tax sale deeds be issued, agreeing that the Marion County auditor complied with the statutes dealing with notices surrounding tax sales.
Harrison Superior judge resigning, replacement appointed
Harrison Superior Judge Roger D. Davis has informed the Indiana Supreme Court that he is resigning Aug. 23. As a result, Chief Justice Brent Dickson appointed Senior Judge Curtis B. Eskew Jr. as judge pro tempore until a permanent replacement is chosen.
Delayed releases continuing problem at Marion County Jail
Two Marion Superior criminal court judges said Friday they continue to be frustrated by delayed releases of arrestees detained after orders have been signed for their release.
Opinions Aug. 15, 2014 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: D.D. (Minor Child) and B.T. (Mother) and D.D. (Father) v. Indiana Department of Child Services (NFP)
49A02-1312-JT-1027
Juvenile. Affirms termination of parental rights.
Thomas Yoder v. State of Indiana (NFP)
20A03-1401-CR-2
Criminal. Reverses part of the sentencing order that restitution for the victim be ordered through a victim-offender reconciliation program instead of determined by the court. Remands for a restitution hearing.
Terry A. Moore v. State of Indiana (NFP)
49A05-1401-PC-11
Post conviction. Affirms denial of petition for post-conviction relief.
J.E. v. State of Indiana (NFP)
49A02-1312-JV-1053
Juvenile. Affirms adjudication of delinquency based on findings J.E. committed what would be two counts of Class B felony child molesting if committed by an adult.
In Re: The Paternity of R.M.: Laura K. Chivers v. Jeffery L. Marquardt (NFP)
02A05-1310-JP-496
Juvenile. Affirms order modifying custody and parenting time.
Dennis Wireman v. State of Indiana (NFP)
75A03-1312-CR-504
Criminal. Affirms sentence for convictions of three counts of Class D felony illegal possession of a controlled substance, Class D felony illegal possession of a syringe and Class D felony operating a vehicle while intoxicated with a prior conviction.
In the Matter of Q.F. v. State of Indiana (NFP)
03A01-1401-JV-45
Juvenile. Finds entering true findings of both battery resulting in bodily injury and disorderly conduct violates double jeopardy principles. Remands with instructions to vacate Q.F.’s true finding of disorderly conduct. Affirms true finding of battery resulting in bodily injury.
Marshawn A. Moore v. State of Indiana (NFP)
02A04-1312-CR-623
Criminal. Affirms conviction of Class A felony burglary.
Debb Durbin v. State of Indiana (NFP)
49A02-1312-CR-1043
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Stephen W. McIntyre v. State of Indiana (NFP)
35A02-1402-CR-82
Criminal. Affirms conviction of Class D felony theft.
Darnell M. Rias, Sr. v. State of Indiana (NFP)
45A05-1312-CR-630
Criminal. Remands with instructions to vacate Rias’ conviction for Class D felony failure to register as a sex or violent offender due to double jeopardy principles. Affirms second conviction and sentence for Class D felony failure to register as a sex or violent offender as a Class D felony.
Opinions Aug. 15, 2014
7th Circuit Court of Appeals
United States of America v. Randall Ray Fletcher Jr.
12-3104
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms 30-year sentence in prison plus a lifetime of supervised release following a guilty plea to five counts involving child pornography that occurred over a seven-year period. Because his crimes spanned a range of years during which the guidelines for child pornography offenses underwent significant changes, his sentencing posed complex calculations and raised potential constitutional problems. Any errors the court made in calculating the guidelines sentence for Fletcher were harmless.
Court affirms boy should stay in Indiana with father
Noting that its decision should not be viewed as a punishment for either parent, a trial court denied a mother’s request to move to California with her son and ordered the boy remain in Indiana with his father. The Indiana Court of Appeals affirmed Friday, finding the father presented evidence that supported the trial court’s decision.
Father’s lack of parenting experience does not support CHINS finding
The Indiana Court of Appeals reversed the adjudication of a toddler as a child in need of services after finding the Department of Child Services did not establish that the child’s father is unlikely to meet the child’s needs absent court intervention based on his lack of parenting experience and previous diagnosis of having post-traumatic stress disorder.
Judges uphold man’s sentence under newer guidelines
The 7th Circuit Court of Appeals had to decide Thursday whether the sentencing of a man under the 2011 Sentencing Guidelines for child pornography offenses that took place over the course of seven years created constitutional problems since different guidelines were in place when he committed the crimes.
Court orders man’s records expunged
The statute in effect when a man petitioned to have his Class D felony conviction records expunged said the trial court “shall order” the expungement if all statutory requirements have been met. As a result, the trial court erred in denying Michael Kevin Mallory’s petition based on testimony of his victims.
COA affirms belt considered a deadly weapon in domestic battery case
The belt used by a man to repeatedly strike his girlfriend qualifies as a deadly weapon and supports elevating his battery conviction to a Class C felony, the Indiana Court of Appeals held Friday.
Sentencing panel to weigh economic crime penalties
The federal panel that sets sentencing policy announced Thursday that it plans in the coming year to consider changes to sentencing guidelines for some white-collar crimes.