Supreme Court: Fortville cannot annex land
The Indiana Supreme Court upheld a trial court’s decision Thursday that evidence did not support the town of Fortville’s contention that it needed the land it wanted to voluntarily annex in the near future.
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Articles
Burglary of deceased’s home still Class B felony, COA holds
A man who burglarized a house in Huntington after the occupant had recently died was rightly denied his petition for post-conviction relief based on his argument that the house was no longer a dwelling, the Indiana Court of Appeals ruled Thursday.
Supreme Court defines marriage relatives
The Indiana Supreme Court determined the sister of a man who was once married to the defendant’s aunt is not a family or household member and changed a man’s Level 6 felony charge to Class A misdemeanor battery.
Appeals court to hear ex-Subway pitchman’s appeal May 20
A federal appeals court in Chicago has set a May hearing for former Subway pitchman Jared Fogle's appeal of his more than 15-year sentence in a child sex abuse and pornography case.
Wayne County prosecutor creates drug treatment program
An eastern Indiana prosecutor is starting a new treatment program for drug offenders that he hopes will end the cycle of addiction.
Central Indiana school principal charged with not reporting
A prosecutor has charged a central Indiana school principal with misdemeanor failure to report for waiting 17 days to report rumors an employee sent naked photos of herself to students.
Opinions April 27, 2016
Indiana Supreme Court
Ronald Sanford Jr. v. State of Indiana
49S05-1604-PC-210
Post conviction. Reverses trial court and Court of Appeals decisions and finds Ronald Sanford can file a belated notice of appeal of his sentence after he pleaded guilty to two counts of murder, among other charges, because of “unique circumstances.”
Justices: Murderer should be able to file belated notice of appeal
The Indiana Supreme Court ruled in a per curiam decision a man who pleaded guilty to two counts of murder among other charges can file a belated notice of appeal after the justices found “unique circumstances” in his case that did not allow him to file an appeal of his sentence when it was decided in 1987.
Woman entitled to inherit estate, judges affirm
The Indiana Court of Appeals affirmed a woman was the sole heir of an estate as the only daughter, finding there was sufficient evidence for the claim and denying the deceased man’s sisters’ request for a DNA test.
Appellate court defines rules of police stops
The Indiana Court of Appeals found a man’s tendered jury instruction was a mistake of law and not a mistake of fact and upheld his conviction of felony resisting law enforcement by fleeing. The judges then outlined what fleeing law enforcement means and what rights police officers and drivers have to determine location of stops.
Man who was visiting friend not subject to illegal search
A man who was visiting a friend when police found him in possession of a handgun was not a victim of an illegal search, the Indiana Court of Appeals ruled Wednesday.
Interim commercial court rules released
The Indiana Supreme Court has issued an order outlining the interim rules applicable to the courts participating in the three-year Commercial Court Pilot Project, which begins this summer.
St. Joe Circuit judge named as new federal magistrate
St. Joseph Circuit Judge Michael G. Gotsch is moving from one court to another this year. The judge, who decided not to run for re-election, has been selected to serve as a magistrate judge in the U.S. District Court for the Northern District of Indiana.
COA: Trainer who had license suspended denied due process
A woman was denied due process after she had her athletic trainers’ license suspended for having a sexual relationship with one of her clients, the Indiana Court of Appeals ruled. Even though she did not attend her hearing, her attorney did and the complaint she filed should not have been dismissed.
High court seems poised to overturn McDonnell conviction
The Supreme Court of the United States on Wednesday seemed poised to overturn the conviction of Virginia Gov. Bob McDonnell on political corruption charges and place new limits on the reach of federal bribery laws.
Led Zeppelin can exit ‘Stairway’ suit for just $1
Lawyers suing members of rock supergroup Led Zeppelin say their client is willing to settle a lawsuit over the band's most famous song — a claim potentially worth millions of dollars — for just $1.
7th Circuit affirms COA sentence in split decision
The 7th Circuit Court of Appeals ruled in a split decision the Indiana Court of Appeals did not make any error in federal law when it upheld a man’s consecutive 40-year sentences for three convictions of child molestation.
Justices reinstate termination order COA reversed
The Indiana Supreme Court Tuesday affirmed a trial court order terminating parental rights to twin girls who were removed from the home in 2011 at age 8. A divided Court of Appeals previously reversed the trial court, finding insufficient evidence to merit termination.
COA: Video testimony from protected person allowed at trial
The Indiana Court of Appeals affirmed a man’s Level 5 felony battery conviction despite admission of a videotaped interview from a protected person into evidence and allowing three people to testify about their interactions with that protected person.
Opinions April 26, 2016
Indiana Supreme Court
William Bowman v. State of Indiana
21S04-1510-CR-604
Criminal. Affirms conviction of Class A felony dealing in a narcotic drug within 1,000 feet of a school property and being a habitual substance offender. The evidence was sufficient to sustain William Bowman’s conviction despite a second baggie of evidence not being tested to prove it was heroin after a first bag of heroin was tested.