Judge upholds sex offender ban from Facebook
Indiana’s law banning certain registered sex offenders from using social networking sites that allow minors is not unconstitutional, U.S. District Judge Tanya Walton Pratt ruled Friday.
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Articles
COA: Prosecutor had ability to provide use immunity
The Indiana Court of Appeals relied on state Supreme Court precedent to find a Shelby County prosecutor could compel parents to testify by providing use immunity. The parents argued the prosecutor couldn’t grant use immunity because there were no grand jury proceedings and they hadn’t been charged with a crime.
Judges affirm teen’s sentence for robbery, conspiracy
An Elkhart teenager convicted in adult court for her role in several armed robberies of gas stations lost her appeal before the Indiana Court of Appeals.
CNO shareholder loses appeal
A Marion County court didn’t err when it granted insurance holding company CNO board of directors members’ motion to dismiss a shareholder’s lawsuit for failure to make pre-suit demand, the Indiana Court of Appeals concluded.
Court split on man’s forgery conviction
The Indiana Court of Appeals was divided over whether a man who used another person’s Social Security number and a false identification should have been convicted of forgery under a 2005 amendment to the law.
Opinions June 22, 2012 ILD
Friday’s opinions
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Carl E. Thomas, III v. State of Indiana (NFP)
63A05-1108-CR-423
Criminal. Affirms conviction of Class A felony rape.
Kevin L. Govan v. State of Indiana (NFP)
02A05-1111-CR-663
Criminal. Affirms denial of motion to correct erroneous sentence.
Settlement adds $7.2 million for State Fair stage collapse victims
Two defendants in lawsuits over the Indiana State Fair stage collapse that killed seven and injured dozens have agreed to add $7.2 million to money the state has already distributed or appropriated, Attorney General Greg Zoeller announced Friday.
Opinions June 22, 2012
Indiana Court of Appeals
Rafael Bocanegra v. State of Indiana
20A03-1108-CR-361
Criminal. Affirms conviction of Class C felony forgery. Holds that potential injury remains a sufficient basis for a finding of criminal intent in a forgery prosecution. Remands for vacation of his identity deception conviction. Senior Judge Sullivan dissents.
Judges order dispute be arbitrated
A complaint filed by a client against financial services companies and a former employee must be arbitrated per an agreement the client signed when opening an IRA account, the Indiana Court of Appeals concluded. The court split over whether one of the companies could compel arbitration.
Supreme Court affirms death sentence in 2001 rape, murder
A man whose death sentence and murder and rape convictions previously were reversed on appeal to the Indiana Supreme Court remains condemned after the justices on Thursday affirmed a trial court’s denial of post-conviction relief.
ACLU of Indiana files proposed class action against BMV
The ACLU of Indiana filed a lawsuit Wednesday in Marion County to require the Indiana Bureau of Motor Vehicles to reinstate a woman’s suspended license. The ACLU of Indiana claims that the BMV randomly selected Lourrinne White from a “Previously Uninsured Motorist Registry” and suspended her license for not having insurance, even though she did not have a working car titled in her name at that time.
Durham attorney vows to appeal guilty verdict
An attorney for convicted fraud mastermind Tim Durham vowed Thursday to appeal the case to the U.S. Supreme Court if necessary to prove his client did nothing wrong.
Opinions June 21, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Walker Whatley v. State of Indiana (NFP)
49A04-1110-PC-548
Post conviction. Affirms denial of petition for post-conviction relief.
Fernando Padilla-Romo v. State of Indiana (NFP)
20A05-1107-CR-426
Criminal. Affirms conviction of domestic battery in the presence of a minor as a Class D felony.
Glenda A. Wilson v. Roland B. Wilson, Jr. (NFP)
29A04-1112-DR-666
Domestic relation. Reverses order regarding payment of educational expenses by Roland Wilson Jr. for the parties’ minor daughter. Remands with instructions.
Herbert E. Robertson, III v. State of Indiana (NFP)
82A01-1110-CR-465
Criminal. Affirms conviction of Class B felony armed robbery and adjudication as a habitual offender.
Sidney D. Bennett v. State of Indiana (NFP)
55A04-1111-CR-645
Criminal. Affirms conviction of Class C felony child molestation.
Jeffery Roshell v. State of Indiana (NFP)
79A04-1108-CR-430
Criminal. Affirms convictions and sentence for two counts of Class A felony dealing in cocaine.
Indiana Tax Court posted no opinions at IL deadline.
Opinions June 21, 2012
Indiana Supreme Court
Indiana Department of Revenue v. United Parcel Service, Inc.
49S10-1107-TA-417
Tax. Reverses Tax Court’s grant of summary judgment to UPS and denial of the department of revenue’s motion as to whether UPS was exempt from the adjusted gross income tax. None of the summary judgment materials presented to the Tax Court and Supreme Court establishes that during the years in question UPINSCO and UPS Re were doing business within the state of Indiana. Because this is a necessary condition in order to be “subject to” the premium tax, UPS failed in its burden of establishing that it is entitled to summary judgment as a matter of law.
Justices reverse Tax Court in UPS case
The Indiana Supreme Court found that two reinsurance companies of the United Parcel Service are foreign companies that don’t do business within Indiana, so they aren’t exempt from Indiana adjusted gross income tax.
COA: Don’t include sales tax in forfeiture calculation
The Indiana Court of Appeals ruled Thursday that a trial court erred in adding sales tax to the value of goods stolen, which allowed the state to seize the car used by the thief.
SCOTUS rules on FCC case, still no health care decision
The highly anticipated decision by the United States Supreme Court on health care will come another day. The justices released four opinions Thursday, which did not include the challenges to the health care law. They did decide the case before them involving the Federal Communications Commission.
Durham found guilty on all counts
A federal jury found attorney and financier Tim Durham guilty Wednesday on all 12 felony counts stemming from what prosecutors charged was a massive Ponzi scheme that cost investors in Ohio-based Fair Finance more than $200 million.
Supreme Court revises felony sentence
Four Indiana justices decided that a man who pleaded guilty to Class B felony possession of cocaine should have been sentenced to 12 years instead of 20.
Opinions June 20, 2012 ILD
Indiana Court of Appeals
Danny L. Weaver v. State of Indiana (NFP)
28A01-1111-CR-582
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.
Mickey S. Owen v. State of Indiana (NFP)
87A01-1111-CR-562
Criminal. Affirms sentence following guilty plea to two counts of Class D felony theft.
Walter James Blake v. State of Indiana (NFP)
29A02-1112-PC-1134
Post conviction. Affirms denial of petition for post-conviction relief.
Ronnie D. Inabnitt v. State of Indiana (NFP)
33A01-1110-CR-517
Criminal. Affirms convictions of two counts of Class A felony child molesting but revises sentence from 70 years to 35 years.
Bakari Edwards v. State of Indiana (NFP)
49A02-1111-CR-1006
Criminal. Affirms convictions of Class D felony obstruction of justice and Class A misdemeanor possession of marijuana. Reverses order Edwards serve a term of imprisonment for a Class A infraction and remands for further proceedings.
Indiana Tax Court posted no opinions at IL deadline.