A post-conviction court “clearly erred” when it found a man’s trial attorney did not provide ineffective assistance of counsel, the Indiana Court of Appeals ruled Tuesday. The judges ordered the court to reduce Timmy Zieman’s Class C felony resisting law enforcement conviction to a Class D felony because of a violation of double jeopardy principles.
After finding that the exhaustion of administrative remedies was excused for a company seeking to operate a stone quarry because a drainage board member was biased against the project, the Indiana Court of Appeals ruled the trial court acquired subject matter jurisdiction and properly denied the board member’s motion to dismiss.
A Lake County dispute over whether a buyer or seller is responsible for a few thousand dollars worth of home defects is headed back to the trial court after a divided Indiana Supreme Court ordered a legal do-over.
After requiring for nearly 150 years that a defendant charged with murder or treason be required to prove he or she is entitled to bail, a divided Indiana Supreme Court ruled it now falls upon the state to show that “the proof is evident or the presumption strong” that the defendant is guilty and not entitled to bail.
Finding that a defendant obtained a future interest in bail money as well as his release from prison – which constitute property under Indiana law – the Indiana Court of Appeals upheld Elnesto Ray Valle’s Class C felony inmate fraud conviction. Valle convinced a stranger to pay his bail.
The Indiana Supreme Court affirmed the denial of a defendant’s motion to suppress cocaine found on him after his car was stopped by police on the belief the car’s window tint did not comply with Indiana statute. The justices found the officer had reasonable suspicion that the tint was in violation of the Window Tint Statute.
The Indiana Court of Appeals upheld the denial of a petition to remove a convicted child molester from the sex offender registry, finding the Sex Offender Registration Act is non-punitive as applied to him.
The Indiana Court of Appeals has denied George Cole’s petition for permission to file a belated notice of appeal following his 1963 murder conviction of a cab driver in Indianapolis and life sentence.
A panel of legal and medical experts will discuss the murder and attempted feticide case against Bei Bei Shuai, whose prosecution in Indianapolis has made international headlines. The event will be at 6 p.m. Wednesday at Butler University.
Hundreds of patients of a former Merrillville ear, nose and throat doctor serving a seven-year federal sentence for health-care fraud will be compensated for their medical malpractice claims through a $55 million settlement.
Allen Circuit Magistrate Judge Craig J. Bobay has been appointed to Allen Superior Court by Gov. Mike Pence, the governor’s office announced Monday. He will fill a vacancy created when Civil Division Judge Daniel G. Heath transferred to the Family Relations Division following Judge Stephen Sims’ retirement in April.
A lawsuit claiming that a Texas university's consideration of race in its admissions practices violates the Equal Protection Clause has been sent back by the Supreme Court of the United States to the 5th Circuit Court of Appeals. In its ruling on the suit filed by a Caucasian woman denied admission in 2008, the justices did not strike down the use of affirmative action by the university.
Indiana Court of Appeals
Anthony Wilson v. State of Indiana (NFP)
49A02-1212-CR-956
Criminal. Affirms conviction of Class A felony robbery and remands with instructions to vacate Class B felony aggravated battery conviction.
Aaron W. Prater v. State of Indiana (NFP)
02A04-1302-CR-60
Criminal. Affirms denial of request to file a belated appeal following the guilty plea.
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.
Indiana Court of Appeals
Michael Howard v. Allen County Board of Zoning, Appeals and Alvin Schmucker
02A04-1301-PL-27
Civil plenary. Affirms dismissal of Howard’s petition for judicial review of the decision by the zoning board to grant a use variance for property owned by Schmucker. I.C. 36-7-4-1316 requires dismissal where no materials supporting judicial review of the petitioner’s claims are timely filed and an extension of the filing deadline is not timely requested. Finds the trial court’s determination that it lacked jurisdiction was clearly erroneous, but the statute required dismissal on non-jurisdictional grounds.
The Indiana Supreme Court accepted two cases last week for transfer, a pair of rulings from Vanderburgh County on the city of Evansville’s ordinance prohibiting smoking in certain places.
An Allen Superior judge’s determination that the court lacked jurisdiction to hear a zoning issue, thus requiring dismissal, was erroneous, the Indiana Court of Appeals ruled. But the judges affirmed the lower court’s dismissal of the case because of a lack of supporting materials and a late request for a filing deadline extension.
Four Indiana justices Friday held that a Montgomery Superior judge erred when he struck the plaintiff’s expert witness in a medical malpractice lawsuit and dismissed the suit under Indiana Trial Rules 37(B) and 41(E).
In a 5-4 decision Monday, the Supreme Court of the United States has upheld the decision by the 7th Circuit Court of Appeals that a woman failed to prove she was subject to a hostile work environment at Ball State University.
In a 5-4 decision Monday, the Supreme Court of the United States has upheld the decision by the 7th Circuit Court of Appeals that a woman failed to prove she was subject to a hostile work environment at Ball State University.
Indiana Court of Appeals
Mark A. Sheese v. State of Indiana (NFP)
84A01-1301-CR-18
Criminal. Affirms revocation of probation.
In the Matter of Minor Children Alleged to be in Need of Services, R.C. and J.C., Minor Children, D.S., Mother, and E.S., Stepfather v. Indiana Department of Child Services (NFP)
88A01-1211-JC-510
Juvenile. Affirms adjudication of children as children in need of services.
Kenneth Alexander v. State of Indiana (NFP)
10A01-1210-CR-492
Criminal. Affirms conviction and sentence for Class A felony burglary and adjudication as a habitual offender.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.