IndyBar takes public position against marriage amendment
Backed by the results of a membership survey, the Indianapolis Bar Association has announced its opposition to the marriage amendment being debated at the Statehouse.
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Articles
Supreme Court extends audio-video transcript pilot project
A pilot project in three Indiana courts that replaces written transcripts with audio/video camera recordings has been extended and expanded because two of the three courts haven’t generated the anticipated number of appeals necessary to evaluate the system.
COA Judge Riley to chair access to civil legal services panel
Court of Appeals Judge Patricia Riley has been appointed to chair the Commission to Expand Access to Civil Legal Services created last year by order of the Indiana Supreme Court.
Opinions Jan. 24, 2014 ILD
Indiana Court of Appeals
Roberta Himes v. Bruce Thompson (NFP)
71A05-1305-CT-210
Civil. Affirms jury damages verdict of $13,600 in favor of Roberta Himes resulting for an auto collision.
Jess G. Revercomb, Sr. v. Yellow Book Sales and Distribution Company, Inc. (NFP)
49A02-1305-CC-447
Collection. Affirms trial court judgment that Revercomb assumed liability as both a corporate representative and a personal guarantor when he signed advertising contracts with Yellow Book on behalf of a construction company.
Randall Capatina v. State of Indiana (NFP)
02A03-1304-CR-131
Criminal. Affirms four-year executed sentence for conviction of Class C felony disarming a law-enforcement officer.
Jerry Dillon v. State of Indiana, Burton A. Padove, Laurie Leber, and Patricia Pitcher (NFP)
45A05-1304-CT-165
Civil tort. Affirms dismissal of Dillon’s complaint.
Jason Halcomb v. State of Indiana (NFP)
69A01-1306-CR-280
Criminal. Affirms conviction of two counts of Class A felony child molesting and 40-year sentence. Judge Elaine Brown dissents, finding the sentence inappropriate in light of the nature of the offenses and Halcomb’s character, and would sentence him to no more than the advisory term.
Wesley Lee v. State of Indiana (NFP)
49A02-1305-CR-467
Criminal. Affirms revocation of probation.
In the Matter of: N.W. (minor child), a Child in Need of Services; A.B. (Mother) and No.W. (Father) v. The Indiana Department of Child Services (NFP)
53A04-1307-JC-335
Juvenile. Affirms determination that N.W. is a child in need of services.
Timothy Michael v. Gene Chandler (NFP)
20A04-1306-SC-300
Small claims. Affirms judgment of $5,697.50 in favor of Chandler.
Michael Sakha v. State of Indiana (NFP)
49A02-1305-PC-425
Post conviction. Affirms denial of post-conviction relief from a 50-year sentence for Class A convictions of attempted murder, attempted robbery and misdemeanor carrying a handgun without a license.
Carlton Hillman v. State of Indiana (NFP)
49A05-1305-CR-241
Criminal. Affirms conviction of Class A felony dealing in cocaine and Class B felony dealing in a narcotic drug.
In the Matter of the Termination of the Parent-Child Relationship of: O.M. and T.M. (Minor Children), and B.M. (Father) v. The Indiana Department of Child Services (NFP)
42A01-1303-JT-152
Juvenile. Affirms termination of parental rights.
Indiana Supreme Court issued no opinions by IL deadline.
7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Indiana Supreme Court appoints attorney to fill Judge Brown’s post
Indianapolis criminal defense attorney David Cook has been appointed as judge pro tempore to fill the duties of suspended Marion Superior Judge Kimberly Brown.
Opinions Jan. 24, 2014
Jan. 24, 2014
Indiana Tax Court
William W. Thorsness v. Porter County Assessor
49T10-1102-TA-14
Tax. Affirms final determination of the Indiana Board of Tax Review regarding Thorsness’ 2007 real property assessment. The burden-shifting rule contained in Indiana Code 6-1.1-15-1(p) and its progeny applies only to valuation challenges, not to uniform and equal constitutional challenges. Concludes that the Indiana Board of Tax Review did not err by determining that Thorsness’ ratio study did not demonstrate that the assessor’s assessment lacked uniformity.
Divided panel: OWI-causing-death retrial not double jeopardy
A majority of an Indiana Court of Appeals panel upheld a man’s conviction and 14-year sentence for driving while intoxicated causing death, but a dissenting judge said the unusual case history that led to the outcome constituted double jeopardy.
Court affirms higher home assessment as compared to neighbors
The Indiana Tax Court Thursday affirmed the 2007 assessment of a property in an upscale community on Lake Michigan, rejecting the homeowner’s argument that the assessment should be lower because surrounding homes were assessed at a lower ratio when taking into account the prices at which the homes were sold.
Split opinion: Disclosure of insurance policy limit is reversible error
Ruling on an issue of first impression, a divided panel of the Indiana Court of Appeals on Friday rejected a jury’s award of $250,000 to the widow of a motorcyclist injured in a crash. The majority remanded for a new trial, holding that disclosure of uninsured motorist policy limits was irrelevant and prejudiced the jury.
Appeals panel upholds $3.9M verdict for bicyclist hit by school bus
A student riding his bicycle to school on Washington Street in Indianapolis was hit by a school bus and critically injured, and a jury’s $3.9 million judgment in his favor was proper, the Indiana Court of Appeals ruled Friday.
Bill increasing judges’ firearms protections clears Senate
The Indiana Senate has approved a bill allowing judges to carry firearms in court and providing judicial officers the same legal immunities as law-enforcement officers. Senate Bill 3 now moves to the House. IBJ has the story.
Opinions Jan. 23, 2014 ILD
Indiana Court of Appeals
Dexter Hawkins v. State of Indiana (NFP)
49A04-1305-CR-233
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.
In the Matter of the Termination of the Parent-Child Relationship of: R.A.B. (Minor Child) and Z.T.B. (Mother) & R.W.B. (Father) v. The Indiana Department of Child Services (NFP)
02A03-1306-JT-234
Juvenile. Affirms termination of parental rights.
Tyrone Shelton v. State of Indiana (NFP)
71A04-1308-CR-387
Criminal. Affirms conviction of Class B felony serious violent felon in possession of a firearm.
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 Jan. 23, 2014
Indiana Court of Appeals
A.J.R. v. State of Indiana
46A03-1306-JV-243
Juvenile. Holds that the juvenile court did not abuse its discretion by admitting the officer’s testimony, and the evidence is sufficient to prove A.J.R. shot two cattle and to sustain his adjudications for criminal mischief. However, concluding A.J.R.’s actions did not constitute mutilation or torture of an animal, the court reverses his adjudications for cruelty to an animal.
Judges reverse possession of meth, paraphernalia convictions
In a consolidated appeal, the Indiana Court of Appeals reversed a Huntington County man’s convictions and sentences for possession of methamphetamine and paraphernalia, ruling the trial court abused its discretion in admitting evidence purportedly seized in violation of the Fourth Amendment.
COA: Teen who shot cows did not mutilate or torture them
The Indiana Court of Appeals Thursday reversed a teenager’s adjudications for cruelty to an animal after finding the evidence was not sufficient to prove he mutilated or tortured either cow he shot.
COA: Insurers have no duty to defend in environmental case
The Indiana Court of Appeals reversed the decision by an Indiana court relying on Maryland law that granted summary judgment and defense costs to a business whose product led to perchlorate contamination in California and Indiana.
Same-sex marriage amendment passes committee
Members of the House Elections and Appropriations Committee passed the proposed amendment banning same-sex marriage in Indiana’s Constitution Wednesday, as well as an accompanying bill that clarifies the impact of the amendment on heterosexual couples. Both move to the House of Representatives for a vote, which is what Speaker Brian Bosma, R-Indianapolis, wanted when he reassigned the legislation to the Elections Committee after it stalled in the Judiciary Committee. The IBJ.com has more.
Court upholds suppression of mentally ill man’s confession
Citing an inadequate Miranda warning and the mental illness a murder suspect has, the Indiana Court of Appeals affirmed the grant of the defendant’s motion to suppress confessions that he murdered two women.
Pre-settlement lenders say rate cap could doom industry
Representatives of businesses that provide pre-settlement funding to plaintiffs said they would be forced out of Indiana by a proposal to cap their returns at 25 percent, after which a House committee advanced a bill that would do just that.
Lifeline Law expansion clears Senate committee
Indiana’s Lifeline Law that provides immunity for minors who report dangerous underage intoxication would expand to cover reporting of any medical crisis, sexual assault or crime if a bill that cleared a Senate committee Wednesday is enacted.