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Opinions: 6/29/15 ILD
Indiana Court of Appeals
Kevin Chocklett v. Melanie Davison (mem. dec.)
49A04-1410-PL-459
Civil plenary. Reverses judgment in favor of Melanie Davison in the amount of $14,453.37. Divided panel found there was not sufficient evidence that Chocklett’s purported breach of contract caused Davison’s damages, therefore the trial court improperly denied his motion for directed verdict. Dissenting Judge Melissa May wrote Davison presented sufficient evidence to withstand a motion for directed verdict.
Kari Poe v. Robert Poe (mem. dec.)
49A02-1409-DR-636
Domestic relation. Affirms grant of primary custody of minor daughter, H.P., to father, Robert Poe.
James G. Wilson v. State of Indiana (mem. dec.)
49A02-1409-CR-647
Criminal. Affirms conviction of Class A felony attempted murder.
Kevin L. Martin v. Discover Bank (mem. dec.)
64A04-1502-CC-64
Collection. Reverses order granting Discover Bank’s motion for summary judgment, finding the trial court abused its discretion for failing to conduct a hearing on the motion. Remands for hearing required under Indiana Trial Rule 60(D).
Jack Raymond Wirth v. State of Indiana (mem. dec.)
82A05-1411-CR-513
Criminal. Affirms six-year sentence for conviction of Class C felony battery with a deadly weapon.
In the Matter of the Involuntary Term. of the Parent-Child Relationship of M.R., Minor Child and Her Father, J.R., J.R. v. Ind. Dept. of Child Services (mem. dec.)
38A02-1404-JT-236
Juvenile. Affirms termination of parental rights.
Opinions: 6/29/2015
Indiana Supreme Court
Larry D. Russell, Jr. v. State of Indiana
84S01-1409-CR-583
Criminal. Affirms 10-year sentence for conviction of five counts of Class C felony neglect of a dependent and two counts of Class C felony criminal confinement. Despite an erroneous application of a particular section of Indiana Code on a perceived statutory cap on sentencing, the plea agreement is enforceable because Russell received the benefit of the bargain and there is no compelling reason to set aside the conviction, the majority held. Chief Justice Loretta Rush concurred in result only. Justice Mark Massa dissented, finding that the trial court’s acceptance of a plea agreement based on an error of law amounted to an abuse of discretion.
EPA loses on power-plant emissions rule
The Obama administration didn’t adequately consider the billions of dollars in costs before issuing a rule designed to cut hazardous emissions from 460 coal-fired power plants, the Supreme Court of the United States ruled.
Legislative and judicial history settles feud over estate
Sisters arguing over the family estate failed to provide the court with “clear and convincing evidence” that their father’s intentions were different from his actions.
Justices uphold Arizona’s system for redistricting
The Supreme Court of the United States on Monday upheld Arizona congressional districts drawn by an independent commission and rejected a constitutional challenge from Republican lawmakers.
Indiana House hires attorneys to defend public records suit
The Indiana House of Representatives has hired two outside attorneys, who bill an average of nearly $400 an hour, to defend itself from a lawsuit filed over its refusal to provide correspondence over a solar power bill under the state's public records law.
Tim Durham fails to convince judge to reduce 50-year sentence
Convicted Ponzi scheme leader Tim Durham failed Friday afternoon in his bid to get his 50-year prison sentence reduced.
Man’s sentence affirmed despite misapplication of law
A misapplication of Indiana law in setting a 10-year cap in a plea agreement for a man who admitted to multiple counts of child neglect and criminal confinement doesn’t require reversal, a divided Indiana Supreme Court held Monday.
In case of conflicting evidence, high court defers to jury verdict
A Pike County man challenging the jury’s finding that he was not insane or mentally ill did not meet what the Indiana Supreme Court acknowledged was a “heavy burden” to overturn the guilty verdict.
Justices affirm burglary conviction COA tossed out for perjury
The Indiana Supreme Court on Friday affirmed a trial court burglary conviction that a Court of Appeals panel vacated on the basis that the prosecution used perjured testimony.
Justices uphold use of drug implicated in botched executions
The Supreme Court of the United States has upheld the use of a controversial drug that has been implicated in several troubled executions.
Justices allow new hearings in North Carolina capital cases
The Supreme Court of the United States has left in place lower court rulings ordering hearings over jurors in two North Carolina death penalty trials who reached beyond the jury room for biblical references to help their deliberations.
Supreme Court will re-hear Texas affirmative action
The Supreme Court of the United States will dive back into the fight over the use of race in admissions at the University of Texas, a decision that presages tighter limits on affirmative action in higher education.
Opinions: June 26, 2015 ILD
Indiana Court of Appeals
David Drummond v. State of Indiana (mem. dec.)
49A02-1408-CR-577
Criminal. Affirms denial of petition to modify sentence.
Terry L. Austin v. State of Indiana (mem. dec.)
30A04-1412-CR-589
Criminal. Affirms convictions of Class C felony bribery and Class D felony official misconduct.
White County Sheriff John Roberts, White County Commissioners, John Heimlick, Ronald Schmierer, and Steve Burton v. Chris and Connie Luthi (mem. dec.)
37A03-1501-CT-33
Civil tort. Affirms denial of White County parties’ motion for summary judgment on negligence claim.
Opinions June 26, 2015
7th Circuit Court of Appeals
Renato DeBartolo v. United States of America
14-3579
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller.
Reverses denial of a petition for relief from a removal order resulting in the deportation of DeBartolo to Italy. The panel held that the failure of DeBartolo’s attorney to inform him that pleading guilty to a drug charge could result in deportation proceedings was ineffective assistance of counsel.
Judgment reserving funds for mechanic’s lien reversed
A trial court judgment that a mortgage company reserve money to satisfy a mechanic’s lien was reversed by the Indiana Court of Appeals on Friday.
Warsaw poker game operator’s conviction flushed
The operator of a fundraising poker game at a Warsaw veterans lodge won an appeal of his contracting conviction Friday at the Indiana Court of Appeals.
Display celebrates Tinder’s career
In honor of 7th Circuit Court of Appeals Judge John Daniel Tinder’s retirement, a display has been installed in the main hall of the first floor of the Birch Bayh Federal Building and United States Courthouse in Indianapolis.