Boston Marathon bomber to be sentenced June 24
Boston Marathon bomber Dzhokhar Tsarnaev will be formally sentenced to death on June 24.
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Parties’ oral modification of land agreement unenforceable
The Indiana Court of Appeals upheld the decision by a trial court finding an oral agreement between a buyer and seller that modified a written land contract had to be in writing based on the Statute of Frauds and that the buyer defaulted on the terms of the agreement.
No abuse in giving jury instruction, but COA still reverses 1 conviction
A trial court did not abuse its discretion when it gave a jury instruction during an invasion of privacy trial, the Court of Appeals ruled, but the appeals court sua sponte did reverse one of two convictions because of double jeopardy.
Lawsuit says Mourdock gave chief deputy 3-year contract
A lawsuit by former Indiana Treasurer Richard Mourdock's chief deputy challenging his firing claims the official gave him a three-year, $300,000 contract before he resigned from office last year.
COA affirms admission of gun and photographs into evidence
A trial court did not abuse its discretion when it admitted as evidence a handgun and photographs of the gun found in a car being impounded after police discovered the driver did not own the car and believed it was unsafe to operate, the Court of Appeals held.
Judge concerned about doctor’s contradictory affidavit
An Indiana Court of Appeals judge found it troubling that a member of a medical review panel that unanimously found defendants breached their duty of care to a patient could later issue an affidavit in which he changed his mind relating to a doctor accused of medical malpractice.
Police did not induce woman to commit prostitution, COA rules
A woman who was arrested for prostitution after she agreed to have sex in exchange for money with an undercover detective outside of a strip club was not entrapped by the detective, the Court of Appeals held Wednesday.
Probationer’s admission to smoking marijuana supports revocation
Because a man on probation admitted to participating in unlawful conduct during his probationary period, the trial court correctly revoked his probation, the Indiana Court of Appeals ruled.
Opinions May 27, 2015 ILD
Indiana Court of Appeals
Sophia L. Masters v. Ryan E. Masters (mem. dec.)
30A04-1410-DR-488
Domestic relation. Affirms modification of physical custody of the parties’ two children to Ryan Masters.
Shellie S. Gryniewicz f/k/a Shellie S. Shih v. Daniel Shih (mem. dec.)
45A03-1412-DR-437
Domestic relation. Affirms order setting father’s child support obligation at $109 per week and ordering mother to pay the guardian ad litem fees and a portion of father’s attorney fees.
In the Matter of the Term. of the Parent-Child Relationship of: P.N., A.N. v. Ind. Dept. of Child Services (mem. dec.)
02A03-1412-JT-454
Juvenile. Affirms termination of parental rights.
Darrel Warren v. State of Indiana (mem. dec.)
49A02-1409-CR-597
Criminal. Reverses conviction for Class A misdemeanor carrying a handgun without a license.
J. Richard Presser, Rachel E. Presser, Kevin Kelley, Richard Sanderson, Rosemary Sanderson, Thomas Reis and Mary Reis v. North Indiana Annual Conference of the United Methodist Church, et al. (mem. dec.)
43A04-1405-CP-215
Civil plenary. Affirms judgment that the easement at issue in the 1994 judgment determining property rights relating to a plat of land and an easement located on the plat was an appurtenant easement.
Dominic Lowe v. State of Indiana (mem. dec.)
84A05-1412-CR-566
Criminal. Affirms sentence following guilty plea to Level 5 felony battery against a public safety officer and admitted he was a habitual offender.
Dominique Hamler v. State of Indiana (mem. dec.)
49A02-1407-CR-452
Criminal. Affirms convictions and sentence for murder, Class A felony attempted murder, and Class B felonies robbery and criminal confinement.
Opinions May 27, 2015
Indiana Court of Appeals
Tommy Lampley v. State of Indiana
48A04-1405-CR-231
Criminal. Affirms revocation of probation. Lampley admitted to participating in unlawful conduct during his probationary period.
COA upholds man’s belated appeal, molestation conviction
Citing the defendant’s limited understanding of English and his timely request for appellate counsel, the Indiana Court of Appeals affirmed the decision by the trial court to grant a man’s belated notice of appeal regarding a child molesting conviction.
How law firms use Facebook and other data to track down medical victims
For ambulance chasers, persistence and a phone book just don’t cut it anymore. Law firms, which once relied on television commercials, billboards, and cold calling numbers in the white pages to find plaintiffs for medical lawsuits, have begun to embrace technology. To locate their ideal pharma victims more quickly and at lower costs, they're using data compiled from Facebook, marketing firms, and public sources, with help from digital bounty hunters.
Obama loses second bid to implement overhaul of immigration
President Barack Obama’s bid to make overhauling immigration policy a second-term victory was dealt a serious blow as federal judges ruled the effort must remain on hold while 26 states sue to overturn it.
Environmental groups sue over Illiana Tollway approval
Illinois environmental groups have filed a lawsuit over the proposed Illiana Tollway. They claim federal approval relied on faulty information and didn't adequately consider environmental impacts.
Indiana securities commissioner abruptly resigns
Carol Mihalik resigned as Indiana’s securities commissioner, the state announced.
Judge believes lack of victim notification of plea supports vacating agreement
A Court of Appeals judge dissented from his colleagues on Tuesday when he voted to support a trial court’s decision to throw out a plea agreement on the day of sentencing. The trial court discovered the victim in the case had not been notified of the plea agreement.
Court declines to rule on constitutionality of statute as it relates to auditors
Because the Marion County auditor does not have statutory or common law standing to appeal a property tax assessment board of appeals’ decision under Indiana Code 6-1.1-15-12 to the Indiana Tax Court, its judge, Martha Wentworth, held that the constitutional challenge raised regarding the statute will have to be decided another day.
Drug conviction reversed because state didn’t prove substance was heroin
Because police did not prove the product of a controlled drug buy was heroin, the Court of Appeals reversed a man’s conviction of Class A felony dealing in a narcotic within 1,000 feet of a school.
Opinions May 26, 2015 ILD
Indiana Court of Appeals
Thomas W. Burton v. State of Indiana (mem. dec.)
41A01-1312-CR-539
Criminal. Grants Burton’s petition for rehearing for the limited purpose of correcting a statement of fact and denies his petition in all other respects.
In the Matter of the Involuntary Term. of the Parent-Child Relationship of E.T., M.T., J.T., S.T., T.W., Minor Children, and their Mother, J.R., J.R. v. Ind. Dept. of Child Services (mem. dec.)
45A03-1410-JT-364
Juvenile. Affirms termination of parental rights.
David S. Murray v. State of Indiana (mem. dec.)
02A03-1412-CR-428
Criminal. Affirms sentence for Class D felony theft.
Christopher McGrath v. State of Indiana (mem. dec.)
15A04-1410-CR-507
Criminal. Affirms order revoking probation and reinstating four years of the previously suspended portion of McGrath’s six-year sentence for Class C felony possession of a schedule IV controlled substance.
Lake County Trust Co., as Trustee for Lake County Trust 5434, James L. Gagan and Eugene H. Deutsch v. United Consumers Club, Inc. (mem. dec.)
45A03-1407-PL-226
Civil plenary. Reverses grant of United Consumers Club’s motion to dismiss on grounds of res judicata.
Bradley E. Kennedy v. State of Indiana (mem. dec.)
35A04-1412-CR-570
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Jason T. Myers v. Anonymous Medical Group, Anonymous Physician (mem. dec.)
79A05-1411-CT-525
Civil tort. Affirms summary judgment in favor of the physicians on Myers’ medical malpractice complaint.
Emmanuel Joseph Cain v. State of Indiana (mem. dec.)
53A01-1406-CR-242
Criminal. Affirms convictions of two counts of Class B felony dealing in cocaine.
Opinions May 26, 2015
Indiana Tax Court
Marion County Auditor v. State of Indiana
49T10-1406-TA-25
Tax. Grants the state’s motion to dismiss the auditor’s action challenging the constitutionality of I.C. 6-1.1-15-12. The auditor does not have statutory or common law standing to appeal the PTABOA’s decision on Grandville’s Forms 133 to the Tax Court.