Bill reforming criminal code passes Senate committee
The first comprehensive overhaul of Indiana’s felony statutes in more than 35 years passed the Senate Committee on Corrections and Criminal Law Thursday by a vote of 8-1.
neglect
Articles
Judge rules in favor of Caterpillar in tax deduction dispute
Indiana Tax Judge Martha Wentworth granted summary judgment to Caterpillar Inc. Thursday, finding the company’s foreign source dividends are deductible in calculating its state net operating losses available for carryover as a deduction from taxable income in future years.
COA budget request delays Appeals on Wheels webcasts
A modest increase requested over the next two budget cycles won’t include technical upgrades to allow webcasts of traveling Court of Appeals oral arguments, Chief Judge Margret Robb told the Senate Appropriations Committee on Thursday.
Opinions March 28, 2013 ILD
Indiana Court of Appeals
Howard Osborne and Kimberly Easterday v. Tina R. Berger and Carla Hill, co-personal representatives of the Estate of Elbert H. Osborne, deceased (NFP)
85A04-1209-ES-482
Estate. Affirms order which approved the co-personal representatives’ amended petition for a final account in the estate.
Jami M. Martin v. State of Indiana (NFP)
03A01-1209-CR-402
Criminal. Affirms sentence for Class D felonies possession of cocaine and maintaining a common nuisance.
Jamarcus Cain v. State of Indiana (NFP)
02A03-1207-CR-335
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.
Daymon Holbert v. State of Indiana (NFP)
49A05-1209-PC-455
Post conviction. Affirms denial of petition for post-conviction relief.
J.W. v. Review Board of the Indiana Dept. of Workforce Development and DeGood Dimensional Concepts, Inc. (NFP)
93A02-1205-EX-432
Agency action. Affirms denial of claim for unemployment benefits.
William Baxter v. State of Indiana (NFP)
49A04-1205-PC-248
Post conviction. Affirms denial of petition for post-conviction relief.
Steven Reynolds v. State of Indiana (NFP)
29A04-1208-CR-423
Criminal. Affirms conviction of Class D felony intimidation.
Tyrone Bell v. State of Indiana (NFP)
71A05-1207-CR-393
Criminal. Affirms conviction of Class D felony theft and the habitual offender enhancement.
William J. Caudill v. State of Indiana (NFP)
20A03-1206-CR-274
Criminal. Affirms conviction of Class D felony battery resulting in bodily injury.
Ricky Outlaw v. Indiana Dept. of Corrections, Keith Butts, Rick Talley, Bruce Lemon, and Alan Finnan (NFP)
48A02-1210-CT-889
Civil tort. Affirms dismissal of negligence complaint Outlaw filed against the Indiana Department of Correction, Commissioner Bruce Lemmon, Superintendent Alan Finnan, and Ricky Talley, in their individual and official capacities.
Term. of the Parent-Child Rel. of D.K. (Minor Child) and B.K. (Mother) and D.B.K. (Father) v. The Indiana Dept. of Child Services (NFP)
82A01-1208-JT-367
Juvenile. Affirms termination of parental rights.
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 March 28, 2013
Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.P., and J.A. v. The Indiana Department of Child Services
49A02-1208-JT-643
Juvenile. Affirms termination of parental rights. Mother J.A.’s due process rights were not violated, and there was sufficient evidence to support the termination.
Concerns about CHINS petitions raised during budget hearings
After the Indiana Department of Child Services made its presentation to the Senate Appropriations Committee Thursday, the discussion quickly turned to Child in Need of Services petitions.
Defendant in neighborhood explosion now faces conspiracy to commit murder charge
Mark Leonard, one of three arrested and charged for an explosion in an Indianapolis neighborhood that killed two people, has been charged with Class A felony conspiracy to commit murder. The Marion County Prosecutor’s Office alleges he attempted to arrange a murder-for-hire plan while in jail on charges stemming from the explosion.
Prosecutor can’t grant use immunity to parents of injured infant
The Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
Mother not denied due process by not having appointed counsel in CHINS case
While disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld the termination of mother J.A.’s parental rights to her son G.P.
Pence appoints Hostetler to St. Joseph bench
Indiana Gov. Mike Pence announced Thursday that he has selected Steven L. Hostetler to replace St. Joseph Superior Chief Judge Michael P. Scopelitis when he retires June 3.
Senators skeptical of funding Odyssey access for public defenders
Senate budget writers appeared skeptical of a request Thursday to spend more than $2.1 million over the next four years to give public defenders statewide the same access to case management systems that prosecutors, judges and others have in many counties.
Opinions March 27, 2013 ILD
Indiana Court of Appeals
Marc Stults v. State of Indiana (NFP)
11A05-1210-CR-534
Criminal. Affirms conviction of Class D felony failure to register as a sex or violent offender.
Pamela A. Thompson v. Carroll E. Thompson (NFP)
33A01-1210-DR-454
Domestic relation. Affirms in part and reverses in part the dissolution of the Thompsons’ marriage. The record supports the court’s finding on and determination in finding that Pamela Thompson incurred only $3,000 in home repair costs during the pendency of the dissolution. Remands for further proceedings regarding a pension’s value.
In Re Paternity of G.K., A Minor Child; K.D.K. v. N.K. (NFP)
20A03-1209-JP-400
Juvenile. Affirms determination that husband K.D.K. failed to overcome the presumption that G.K. was a child of his marriage to wife N.K.
William D. Everage, Jr. v. State of Indiana (NFP)
48A04-1207-CR-391
Criminal. Affirms 253-year aggregate sentence imposed for various convictions committed against five child victims, including 12 counts of Class A felony child molesting.
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 March 27, 2013
Indiana Court of Appeals
Terrence J. Fuqua v. State of Indiana
02A03-1207-CR-342
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class B felony unlawful possession of a firearm by a serious violent felon, Class D felonies possession of a controlled substance and dealing in marijuana, and Class A misdemeanor possession of paraphernalia. The investigating detectives had reasonable suspicion to search Fuqua’s trash, and the subsequent search warrant was supported by probable cause. The trial court acted within its discretion when it admitted evidence seized during the execution of the search warrant.
Appeals court tackles sex offender use of social media
Two months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s First Amendment rights.
COA: Court allowed to admit evidence from man’s home
The Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
Court erred in striking state’s response as untimely
The Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
COA reverses vacation of grandparent visitation
Even though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to the grandmother’s lack of standing were waived when they failed to appeal the original order.
Judges reduce sentence due to ineffective trial counsel
The Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed to inform Scott of the correct maximum sentence he could face.
Senate passes civil immunity, sentencing alternatives for young offenders bills
The Indiana Senate approved several pieces of legislation from the House this week, including a bill that would establish sentencing alternatives for certain offenders under the age of 18.
Pence gets finalist list for St. Joe judgeship
A letter containing the names of the five finalists vying to succeed St. Joseph Superior Judge Michael P. Scopelitis has been delivered to Gov. Mike Pence. Scopelitis will retire in June. The list was tweaked after finalist Elizabeth Hurley was appointed to fill another pending vacancy on the court.