Indiana attorney general appeals marriage ruling
The Office of the Indiana Attorney General is fighting Wednesday’s decision that overturned the state’s marriage law.
neglect
Articles
Marriage ruling brings Indiana same-sex couples to the courthouse
Together more than eight years, Craig Bowen and Jake Miller finally got to say “I do.” The men made history June 25 when they became the first legally wed same-sex couple in Marion County. The pair went to the Marion County Clerk of the Court’s office shortly after a federal judge ruling the state’s ban on same-sex marriage was unconstitutional.
‘Get a warrant’ to search cellphones, justices say
In an emphatic defense of privacy in the digital age, a unanimous Supreme Court of the United States ruled Wednesday that police generally may not search the cellphones of people they arrest without first getting search warrants.
Opinions June 25, 2014 ILD
Indiana Court of Appeals
Centier Bank v. 1st Source Bank (NFP)
64A03-1309-MF-356
Mortgage foreclosure. Affirms summary judgment for 1st Source on its complaint to foreclose on a mortgage it held.
Braunel Mackey v. State of Indiana (NFP)
49A02-1310-CR-873
Criminal. Affirms 15-year sentence for Class B felony unlawful possession of a firearm by a serious violent felon.
Frederick Cashner, Sr. and Lucille Cashner v. Western-Southern Life Assurance Company (NFP)
64A04-1311-PL-555
Civil plenary. Affirms grant of motion for costs and attorney fees filed by Western-Southern Life Assurance Co. in a bad-faith action filed by the Cashners concerning the disbursement of proceeds from a life insurance policy.
Brian Earl Smith v. State of Indiana (NFP)
50A05-1308-CR-444
Criminal. Reverses denial of motion to withdraw guilty plea and remands for a hearing.
John A. Gall v. State of Indiana (NFP)
48A02-1309-CR-769
Criminal. Affirms revocation of probation.
In Re the Marriage of Russell C. Best and Mariea L. Best, Mariea L. Best v. Russell C. Best (NFP)
06A04-1401-DR-46
Domestic relation. Affirms enforcement of an October 2011 Mediated Agreed Entry, wherein the parties agreed that Russell Best would serve as guardian to 19-year-old daughter M.B., who has Down Syndrome.
Gwayne Slater v. State of Indiana (NFP)
49A02-1311-CR-987
Criminal. Affirms sentence for Class B felony possession of a firearm by a serious violent felon and Class A misdemeanor possession of marijuana.
In the Matter of the Civil Commitment of M.S. v. Gallahue Mental Health Services (NFP)
49A02-1311-MH-939
Mental health. Affirms temporary commitment order.
Ronald A. Manley v. State of Indiana and Bruce Lemmon, In his official capacity as Commissioner of the Indiana Department of Correction (NFP)
33A01-1310-MI-458
Miscellaneous. Affirms dismissal of Manley’s motion for a temporary injunction to exempt him from participating in the Indiana Sex Offender Management and Monitoring Program.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions June 25, 2014
Indiana Tax Court
The Speedway Public Library v. Indiana Department of Local Government Finance
49T10-1103-TA-22
Tax. Affirms the Department of Local Government Finance’s final determination rejecting the appropriations and levies associated with the library’s 2011 budget and decision to reinstitute the appropriations and levies associated with the 2010 budget. Public notice of the town council’s Sept. 13 meeting was statutorily required.
COA orders hearing to determine juror bias against plaintiff
The Indiana Court of Appeals ruled that a trial court should have ordered an evidentiary hearing to determine whether a juror in an auto accident case was biased against the plaintiff instead of ordering a new trial regarding damages.
Court correctly denied petition to expunge felony conviction
The Indiana Court of Appeals, citing a recent expungement case involving a misdemeanor conviction, agreed with the rationale of that panel that if a person violates the terms of probation, that person did not successfully complete his sentence.
Judges divided over whether city attorney could participate in demolition decision
Two judges on the Indiana Court of Appeals Wednesday believed that a Hammond resident didn’t have the benefit of an impartial decision maker in the proceeding that ordered demolition of his property. They believed the city attorney, whose office prosecuted the case, couldn’t sit on the city board that conducted the hearing.
COA split on retroactive application of Transfer on Death Property Act
The Indiana Court of Appeals agreed Wednesday that a trial court erred in concluding a promissory note executed between a mother and son is an asset of the mother’s estate, although the panel was split as to why the court erred.
COA: Dispute with camp should be heard in White County
The YMCA Camp Tecumseh’s quest to stay a zoning decision that allows a confined feeding operation to set up shop next to the camp’s property should be heard in White County, not Carroll County where the camp is located, the Indiana Court of Appeals ruled.
Indiana same-sex marriage ban overturned
Federal Judge Richard Young has overturned Indiana’s ban on same-sex marriage, finding the law violates the 14th Amendment’s due process and equal protection clauses.
Judge: Library did not comply with public notice requirements
The Indiana Tax Court Tuesday upheld the decision by the state to reject appropriations and levies associated with the Speedway Public Library’s 2011 budget because proper public notice regarding the budget wasn’t given.
Houchin new chair of Indiana prosecutors group
The Indiana Prosecuting Attorneys Council has elected Washington County Prosecutor Dustin Houchin as chairman of its board of directors.
Opinions June 24, 2014 ILD
Indiana Court of Appeals
Willie J. Washington v. State of Indiana (NFP)
02A03-1310-CR-427
Criminal. Affirms sentence for Class C felony corrupt business influence and 20 counts of Class C felony forgery.
Antonio McCaster v. State of Indiana (NFP)
79A04-1311-CR-544
Criminal. Affirms conviction of Class A felony dealing in cocaine and habitual offender determination.
Melissa Brandon v. State of Indiana (NFP)
49A05-1310-CR-521
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Eric Garver, Brian Garver, and Dawn Shepherd v. IDS Property Casualty Insurance Company (NFP)
64A03-1307-PL-292
Civil plenary. Affirms the trial court correction determined the policy limit at $250,000 and the homeowner policy excluded further payment of damages claimed by the Garvers.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions June 24, 2014
7th Circuit Court of Appeals
Tyrone L. Jones v. Richard Brown
12-3245
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Affirms denial of Jones’ petition for habeas relief. Finds his trial counsel was not constitutionally ineffective under Strickland.
Court must consider loss of use when determining damages in a replevin action
The Indiana Court of Appeals Tuesday ordered a trial court to factor in the loss of use of a semi-tractor in a replevin action. It emphasized to the lower court that the amount of damages in a replevin action must be limited to a reasonable amount.
7th Circuit, Bankruptcy Court seek comment on rule changes
The 7th Circuit Court of Appeals and the United States Bankruptcy Court for the Northern District of Indiana want to hear from attorneys about proposed rule changes.
7th Circuit denies convicted murderer habeas relief
An Indiana man who was denied habeas relief, arguing his trial attorney was ineffective for not trying to suppress as evidence clothing he had given to police after his arrest, lost his appeal before the 7th Circuit Court of Appeals Tuesday.
Appeals court OKs dead witness’s video testimony
The state Court of Appeals has upheld a northern Indiana judge's decision to allow videotaped statements from a dead witness to be used in an upcoming murder trial.
Opinions June 23, 2014 ILD
Indiana Court of Appeals
Godfrey Ikechukwu Egwu, Jr. v. State of Indiana (NFP)
82A01-1311-CR-510
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.
Brandon Daniels v. State of Indiana (NFP)
20A03-1309-CR-374
Criminal. Affirms conviction for Class D felony failure to return to a lawful detention.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.