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Articles
Vouchers validated, program scope at issue
The recent Indiana Supreme Court ruling affirming school choice renews Statehouse fight over vouchers.
Lake County bench brawl
Mediation is ordered as the fight over Bonaventura vacancy goes public and exposes strife.
Critics: Indiana leads from wrong side in same-sex marriage cases
Critics have called out Attorney General Greg Zoeller for taking a lead role in advocating against same-sex marriage. Indiana wrote or co-wrote amicus briefs signed by other states taking that position in the cases the heard by the Supreme Court of the United States.
Opinions April 8, 2013 ILD
The following Indiana Tax Court opinion was issued Friday after IL deadline.
Washington Township Assessor, Allen County Assessor, and Allen County Property Tax Assessment Board of Appeals v. Verizon Data Services, Inc. (NFP)
49T10-1102-TA-13
Tax. Denies Verizon’s motion to dismiss the assessors’ appeal of an Indiana Board of Tax Review final determination of summary judgment in favor of Verizon’s 2005 personal property tax assessment appeal.
Monday's opinions
Indiana Court of Appeals
Term. of the Parent-Child Rel. of S.B.: U.D. and L.B. v. Indiana Dept. of Child Services (NFP)
15A05-1209-JT-457
Juvenile. Affirms termination of parental rights.
Chad Lindstrom v. State of Indiana (NFP)
49A02-1209-CR-739
Criminal. Affirms conviction of Class A misdemeanor battery.
Jason Neal v. State of Indiana (NFP)
49A04-1209-CR-449
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with a blood alcohol content of at least 0.15 percent.
Franklin Allen v. State of Indiana (NFP)
34A02-1209-CR-782
Criminal. Affirms sentence for Class B felony possession of cocaine within 1,000 feet of a school property.
Terrell Van Causey v. State of Indiana (NFP)
02A03-1210-CR-425
Criminal. Affirms convictions of two counts of Class B felony dealing in cocaine or a narcotic drug; one count of Class D felony maintaining a common nuisance; and one Class A misdemeanor count of possession of marijuana, hash oil or hashish.
In the Matter of C.C., Child in Need of Services; C.C. (Father) v. Indiana Dept. of Child Services (NFP)
49A04-1208-JC-440
Juvenile. Affirms adjudication of C.C. as a child in need of services.
Theodore Fuentes v. State of Indiana (NFP)
71A03-1207-CR-328
Criminal. Affirms conviction of Class D felony residential entry.
Tariq Qureshi and Mehnaz Qureshi v. Richard E. Coulter, Cox/Hammond Realty Group, and Darrell Cox (NFP)
32A01-1211-SC-497
Small claims. Affirms trial court ruling in favor of defendants in a lawsuit involving a failed real estate deal.
Evia Jane Lee v. State of Indiana (NFP)
85A02-1211-CR-935
Criminal. Affirms trial court revocation of probation.
Samantha Richey v. State of Indiana (NFP)
49A02-1208-CR-743
Criminal. Affirms Class A misdemeanor conviction of criminal recklessness.
Patrick Wiese v. State of Indiana (NFP)
49A02-1207-CR-595
Criminal. Affirms on interlocutory appeal the trial court’s denial of a motion to suppress evidence obtained from Wiese’s apartment when police responded to a report of a disturbance.
John C. Kincade, Jr. v. State of Indiana (NFP)
12A02-1207-CR-583
Criminal. Affirms trial court sentence of seven years in prison, with three years executed and the remaining suspended to probation, for convictions of sexual misconduct with a minor and child solicitation.
Indiana Supreme Court and Indiana Tax Court issued no opinions Monday by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions Monday by IL deadline.
House committee approves Constitutional Convention bills
With a vote along party lines, a pair of bills outlining the selection and duties of delegates to an Article V Constitutional Convention cleared their first hurdle in the Indiana House of Representatives.
Opinions April 8, 2013
Halden Martin v. State of Indiana
73A01-1207-CR-300
Criminal. Reverses and remands a conviction of Class A misdemeanor operating a vehicle while intoxicated. A toxicology department witness’s repeated failure to appear for scheduled depositions was a delay attributable to the state, the court ruled, finding that the delay caused a trial 476 days after Martin’s arrest, in violation of Criminal Rule 4(C).
Mexican restaurant owner’s $3 million bond reversed, remanded
The owner of a chain of Mexican restaurants in southeast Indiana charged with numerous crimes will have a lower bond after the Indiana Court of Appeals ruled a trial court abused its discretion in denying his motion to reduce his $3 million bond.
Taking unauthorized courses online gets displaced worker booted from TAA program
A displaced worker’s enrollment in online classes without permission is grounds for dismissal from the Trade Adjustment Assistance training program, the Indiana Court of Appeals has ruled.
Appeals court rehearing affirms serious violent felon conviction
An Indiana Supreme Court ruling that a conviction of possession of a firearm by a serious violent felon cannot have a sentence enhanced under the habitual offender statute does not apply when the enhancement came for a separate conviction, the Indiana Court of Appeals held Monday.
Endorsement clause makes insurance policy ambiguous
Describing an insurance company’s policy as “inherently ambiguous,” the Indiana Court of Appeals has reserved the summary judgment granted by the trial court.
COA affirms car forfeiture when owner arrested for iPhone theft
A Wal-Mart worker who tried to steal four iPhones from the store at the end of her workday has no protection from forfeiture laws that allowed the state to take her car, the Indiana Court of Appeals ruled Monday.
Hearings set for trio charged in southside Indy explosion
Three people charged in an explosion that killed two people and leveled part of a southside Indianapolis housing development will go before a judge in Marion Superior Court on Wednesday.
Toxicology lab witness’s failure to appear dooms drunken-driving conviction
A Tennessee man’s drunken-driving conviction in Shelby Superior Court was tossed because his trial took place more than a year after his arrest, largely due to a toxicology lab worker’s failure to appear for scheduled depositions, the Indiana Court of Appeals ruled Monday.
Pair convicted in liquor store killing not entitled to DNA evidence
Two men sentenced more than 20 years ago for murder and Class C felony attempted robbery were not improperly denied post-conviction relief when they couldn’t obtain DNA evidence they said would prove exculpatory, the Indiana Court of Appeals ruled Monday.
Conour alleges feds reneged on deal to delay prosecution
Former personal injury attorney William Conour has filed an affidavit in his federal wire fraud case swearing that the government reneged on a deal to delay his prosecution so that he could settle outstanding cases that could have generated about $2 million in fees.
Opinions April 5, 2013 ILD
Indiana Court of Appeals, Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.
7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions April 5, 2013
Indiana Supreme Court
Daniel Ray Wilkes v. State of Indiana
10S00-1004-PD-185
Post Conviction. Affirms denial of post-conviction relief from a sentence of life without parole for conviction of three murders, concluding that Wilkes did not meet his burden of proof on arguments that he was deprived of his rights to an impartial jury and effective assistance of counsel.
Public input wanted on proposed changes to court rules
The Indiana Supreme Court wants to hear from judges, attorneys and the general public as it considers possible changes to court rules.