Northwest Indiana jurist receives state honor
A Lake County judge was surprised July 29 when he received the Indiana Sagamore of the Wabash award, one of the state’s highest civil honors.
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Rehearing finds defendant can raise additional defenses
In tweaking an earlier reversal, the Indiana Supreme Court has given the defendant the avenue to raise additional unasserted defenses.
Judge: Indiana prisoner’s peyote suit must proceed
An Indiana inmate’s federal lawsuit claiming he has a religious right to use peyote and tobacco must proceed, a judge ruled, though she also made clear state officials may seek a motion to dismiss the case.
Convicted wife killer gets 47 years for 2nd wife’s death
A LaPorte man convicted of killing a former wife in 1979 has been sentenced to 47 years for killing another wife.
Judge: Landowners can’t keep public off Lake Michigan beach
A man who owns a piece of Indiana’s short stretch of Lake Michigan shoreline and said he had “complete and exclusive ownership” of its beachfront holds no such right and cannot deny the public access to that space, a judge has ruled.
Opinions July 29, 2015 ILD
Indiana Court of Appeals
William Goodwin v. State of Indiana (mem. dec.)
33A05-1501-IF-23
Infraction. Affirms, in part, trial court determination that Goodwin is guilty of Class C infraction following too closely. Remands to the trial court for further proceedings to address the issue of waiver of the right to be present at trial.
Billy L. Haymaker v. Victoria L. Haymaker (mem. dec.)
61A01-1411-DR-495
Domestic. Affirms, in part, and reverses, in part, division of marital estate, remanding to the trial court for recalculation of the final distribution of the martial estate.
Yorel M. Wallace v. State of Indiana (mem. dec.)
79A02-1411-CR-815
Criminal. Dismisses appeal of revocation of probation.
Connie Kidd v. State of Indiana (mem. dec.)
16A01-14125-CR-522
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated. Remands to amend Kidd’s abstract of judgment to clarify only one conviction was entered against her.
Cornelius T. Banks v. State of Indiana (mem. dec.)
34A02-1501-CR-37
Criminal. Affirms 15-year sentence for conviction of Class B felony dealing cocaine.
Opinions July 29, 2015
7th Circuit Court of Appeals
United States of America v. Robert L. Lee
14-2010
Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division.
Judge Robert L. Miller
Affirms revocation of supervised release for violation of terms due to commission of a crime. Rejects Lee’s argument that due process under the Fifth Amendment and Federal Rule of Criminal Procedure 32.1 requires citation to a specific statute to provide written notice of the alleged violation.
Dissenting judge implies majority reweighed evidence in custody reversal
A dissenting judge on an Indiana Court of Appeals panel that Wednesday reversed a child custody order implied the majority reweighed evidence to reach its conclusion.
COA hands remonstrators another defeat
The Indiana Court of Appeals has reversed another annexation ruling, this time finding the town of Whitestown can move forward with plans to incorporate a portion of Perry Township.
Authorities warn about jury duty scam telephone calls
Indianapolis authorities are warning about a scam in which people get a phone call from someone demanding payment to avoid a warrant or arrest for failing to appear for jury duty.
7th Circuit: Statute citation not required to revoke supervised release
A South Bend man whose supervised release on a federal firearms conviction was revoked after he was accused of assaulting a woman wasn’t deprived due process, the 7th Circuit Court of Appeals ruled Wednesday.
Aunt denied custody of CHINS niece in foster care
An aunt who repeatedly sought to gain custody of her 4-year-old niece the Department of Child Services placed in foster care got no relief from the Indiana Court of Appeals Wednesday.
Muncie lawmaker seeks Mounds Reservoir summer study
A controversial proposal to dam the White River in Anderson and create a 2,100-acre reservoir stretching east to Yorktown should be studied by a legislative committee this summer, a Muncie lawmaker said.
Litigant misses trial court’s SHOUTING
An Indiana man disputing with an Indiana law firm over the collection of his credit card debt was reminded by the 7th Circuit Court of Appeals that capital letters included in a court order should not be ignored.
Opinions July 28, 2015 ILD
Indiana Court of Appeals
In re the Marriage of: Thomas E. Thompson v. Donna B. Thompson (mem. dec.)
74A05-1412-DR-598
Domestic relation. Affirms the trial court’s judgment not to use a Qualified Domestic Relations Order to divide Thomas Thompson’s 401(k). Reverses order that Thompson make a cash equalization payment to Donna Thompson for $144,241.86, finding the trial court erred in failing to consider the tax consequences of drawing down the husband’s 401(k) and selling the marital home. Remands with instructions that the trial court revaluate certain assets to account for the tax consequences.
In re the Marriage of: Deborah D. Skelton v. Rodney D. Skelton (mem. dec.)
55A01-1412-DR-512
Domestic relation. Affirms the award of primary physical custody of the children to Rodney Skelton. Also affirms the denial of Deborah Skelton’s request for the trial court to speak to oldest child. Reverses the division of the marital estate, finding the trial court erred by not including in the marital estate the wife’s $31,073.00 student loan debt incurred prior to the marriage. Remands for the trial court to specify whether it intended to order the wife to make an equalization payment of $10,944.51 to the husband.
Adam Horton v. State of Indiana (mem. dec.)
79A02-1410-CR-765
Criminal. Affirms Class D domestic battery conviction. Finds Horton knowingly, voluntarily and intelligently waived his right to a jury trial on the Class D felony enhancement.
J.B. v. State of Indiana (mem. dec.)
55A01-1411-JV-483
Juvenile. Affirms order that J.B. register as a sex offender.
Performance Contracting, Inc. v. Randy Lowe (mem. dec.)
93A02-1502-EX-98
Civil. Affirms the Worker’s Compensation Board of Indiana’s order that Lowe be awarded compensation for the claims of temporary total disability and medical expenses.
Jevon Deandre Ollins v. State of Indiana (mem. dec.)
79A02-1412-CR-843
Criminal. Affirms 13-year sentence after guilty plea to burglary, a Class B felony.
Aqueeli Hakeem Walton v. State of Indiana (mem. dec.)
45A05-1412-CR-600
Criminal. Affirms conviction of murder.
Michael C. Pulley v. State of Indiana (mem. dec.)
79A02-1412-CR-852
Criminal. Affirms splitting the 13-year sentence between the Indiana Department of Correction and community corrections for Class B felony possession of methamphetamine and Class C felony possession of chemical reagents.
In Re the Adoption of D.B. and S.R., M.R. v. J.W. (mem. dec.)
71A03-1410-AD-385
Adoption. Affirms St. Joseph Probate Court granting the petition of J.W., the stepfather, to adopt S.R.
Opinions July 28, 2015
7th Circuit Court of Appeals
Grant E. Bentrud v. Bowman Heintz Boscia & Vician, P.C.
14-2384
Appeal from the U.S. District Court, Southern District of Indiana, Indianapolis Division
Judge William Lawrence.
Civil. Affirms grant of summary judgment in favor of Bowman Heintz. Finds Bowman Heintz did not violate the Federal Debt Collections Practices Act for filing a second motion for summary judgment after the 30-day deadline to initiate arbitration had passed.
Indiana attorney registrations due Oct. 1
Indiana attorneys are being reminded to complete the annual attorney registration process and certify their IOLTA status by Oct. 1, 2015. Lawyers who fail to register by the deadline will incur late fees and possible license suspension.
Material alteration of terms sufficient for dismissal of foreclosure
A trial court properly ruled against a financial institution in a mortgage foreclosure action because terms of the surety’s contract were materially altered over time, the Indiana Court of Appeals ruled Tuesday.
Former Indiana first lady Susan Bayh has brain tumor removed
Former Indiana first lady Susan Bayh underwent brain surgery Monday for removal of a benign tumor, and her husband said her prognosis for recovery is good.
Elkhart mayor asks city council to withdraw LGBT ordinance
Elkhart's mayor has asked city council members to withdraw his proposed ordinance seeking anti-discrimination protections for gays, lesbians and others after it sparked strong local opposition.