Court reverses DCS order requiring mother to take prescribed meds
A mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals Wednesday.
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Justices suspend Tim Durham’s law license
Tim Durham, the Indiana businessman found guilty in June on 12 felony fraud charges, had his law license suspended last week by the Indiana Supreme Court.
Life sentence upheld by Court of Appeals
A Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition for post-conviction relief based on ineffective assistance of counsel.
COA orders hearing on man’s request to remove name from JTAC website
The Indiana Court of Appeals ruled that it has no authority to remove a man’s name from the Judicial Technology and Automation Committee website and law enforcement databases after a protective order against him was dismissed. But the judges remanded for a hearing before the trial court on David Cook’s claims.
Insurance policy’s one-year limitation period voided
The Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies based on Indiana statute.
Man’s challenge to requirement he register as sex offender dismissed
The Indiana Court of Appeals concluded it lacked jurisdiction over an appeal out of Marion County by a man who argues he shouldn’t have to register as a sex offender for a 1982 rape conviction in California.
Proposed changes would make convicted felons serve at least 75 percent of sentence
The worst-of-the-worst criminal offenders will be facing more time while low-level offenders will be given intensive probation under the new sentencing provisions included in the rewrite of the Indiana Criminal Code.
Senator’s push for constitutional convention passes committee
Senate President Pro Tem David Long’s legislative initiative calling for a convention to propose amendments to the U.S. Constitution advanced out of the Committee on Rules and Legislative Procedure Tuesday.
Opinions Feb. 19, 2013 ILD
Indiana Court of Appeals
Ernesto Roberto Ramirez v. State of Indiana (NFP)
45A05-1204-CR-224
Criminal. Affirms convictions of murder and Class D felony criminal gang activity.
Brandon E. Klein v. State of Indiana (NFP)
79A02-1201-CR-38
Criminal. Affirms convictions and sentence for Class D felony intimidation and Class A misdemeanor invasion of privacy.
In the Matter of the Term. of the Parent-Child Rel. of S.K.W. and D.L.W.J.: D.W. v. Indiana Dept. of Child Services and Lake County Court Appointed Special Advocate (NFP)
45A03-1206-JT-293
Juvenile. Affirms termination of parental rights.
Thomas Clements v. State of Indiana (NFP)
20A03-1205-CR-200
Criminal. Reverses denial of verified petition to limit access to criminal history and vacates the trial court order.
Olie McNeal v. State of Indiana (NFP)
49A05-1207-CR-364
Criminal. Affirms conviction of Class A misdemeanor battery.
Megan Parker v. State of Indiana (NFP)
49A05-1206-CR-327
Criminal. Affirms conviction of carrying a handgun without a license as a Class A misdemeanor.
Bradley Franks v. State of Indiana (NFP)
49A05-1205-CR-256
Criminal. Affirms revocation of probation.
Daniel Miller v. State of Indiana (NFP)
88A01-1205-CR-228
Criminal. Affirms sentence following guilty plea to Class A felony burglary and Class B felony rape.
Tyrone Frazier v. State of Indiana (NFP)
49A02-1202-PC-113
Post conviction. Affirms denial of petition for post-conviction relief.
Metropolitan Property & Casualty Ins. Co. v. Gary Darland (NFP)
53A01-1204-PL-179
Civil plenary. Affirms a covered loss under the MetLife policy occurred and the trial court properly awarded Darland $42,370 for the total loss of a boat and trailer. Reverses loss of use damages to Darland for the 2010 boating season.
Ricky L. Flake v. State of Indiana (NFP)
73A05-1207-CR-356
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle after suspension.
Luke White v. State of Indiana (NFP)
49A02-1206-CR-477
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony battery.
Anthony E. Thomas v. State of Indiana (NFP)
20A03-1208-CR-377
Criminal. Affirms revocation of placement in work release center.
The Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Feb. 19, 2013
Indiana Supreme Court
Ronald B. Hawkins v. State of Indiana
20S03-1208-DR-499
Domestic relation. Vacates convictions of two counts of Class C felony nonsupport of a dependent where Hawkins was tried in absentia. The record indicates that Hawkins’ failure to appear at trial did not constitute a waiver of his right to counsel. Remands for a new trial.
Justices take juvenile sex offender case
The Indiana Supreme Court accepted just one case on transfer last week, that of a Lawrence County teen who was ordered to register as a sex offender.
Bill restricting social media access for sex offenders passes Senate
Senate Bill 347, introduced to rectify issues brought up by the 7th Circuit Court of Appeals when it struck down an existing law regulating social media use by registered sex offenders, passed the Senate Monday by a vote of 49-0.
Justices order new trial for man tried in absentia
A North Carolina man who was convicted of two counts of Class C felony neglect of a dependent by an Elkhart Superior Court while the defendant was on a bus on the way to court will get a new trial, the Indiana Supreme Court concluded Tuesday.
Opinions Feb. 18, 2013 ILD
Indiana Court of Appeals
Jerome Scott Mattingly v. Juan William Smith and Julie Ann Smith and Sharon O'Connell and Daniel E. Richards, Vernuse Mings and Meredith Mings, Glen H. Macphee and Carol S. Macphee, et al. (NFP)
55A05-1203-PL-142
Civil plenary. Affirms trial court conclusion that a plat of survey unambiguously created an express easement, thereby precluding consideration of extrinsic evidence and that the existence of that easement excused Mattingly’s actions.
Dennis L. Lloyd, Jr. v. State of Indiana (NFP)
30A04-1207-CR-431
Criminal. Affirms conviction of Class D felony possession of cocaine and Class A misdemeanor resisting law enforcement.
Robert D. Bowen v. State of Indiana (NFP)
08A02-1206-CR-504
Criminal. Affirms convictions of and sentence for Class B felony unlawful possession of a firearm by a serious violent felon, Class C felony dealing in a schedule IV controlled substance, Class D felony possession of a controlled substance and Class A misdemeanor possession of marijuana.
Nancie Hale, as Next Friend of John Doe v. Randolph County Kinds, Inc. d/b/a Camp Yale, Randolph County Department of Community Corrections, Camp Kidz-Kan-Du, et al. (NFP)
89A01-1206-CT-246
Civil tort. Affirms summary judgment to Nautilus Insurance Co. and reformed the policy limits to $100,000 per occurrence and $300,000 aggregate instead of $1 million per occurrence and $2 million aggregate.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Feb. 18, 2013
Indiana Court of Appeals
Jim A. Edsall v. State of Indiana
57A03-1205-CR-240
Criminal. Affirms sentence following guilty plea to five counts of Class A felony delivery of methamphetamine and one count of Class A felony conspiracy to manufacture meth. There is no indication that the trial court considered alleged inaccurate and irrelevant testimony when sentencing him, and his sentence is appropriate based on his character and nature of his offenses. Reverses order of restitution as part of Edsall’s sentence because the trial court had not authority to order restitution in this case.
Man facing deportation loses 2 appeals
A citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty to a crime should result in post-conviction relief.
Decision could come soon on Don Marsh severance claim
Don Marsh shouldn’t have to wait long to find out if he can collect his entire $4 million severance or whether he’ll have to return the portion he’s already received from Marsh Supermarkets Inc.
Brother’s previous threat allowed at trial
The Indiana Court of Appeals concluded Monday that a threat made by a man against his brother a year before the man threw hot water on the brother was properly admitted into evidence during trial.
Pro se defendant wins reversal of restitution order
A defendant ordered to repay more than $19,000 that a drug task force spent to investigate his methamphetamine manufacturing will not have to make restitution because the state isn’t a victim under the restitution statute, the Indiana Court of Appeals ruled.
Long’s constitutional convention legislation before committee Tuesday
Senate President Pro Tempore David Long’s resolution and two companion bills calling for states to gather to amend the U.S. Constitution to limit the commerce clause and federal taxing authority will be heard before the Committee on Rules and Legislative Procedure Tuesday.