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Opinions May 22, 2015

Indiana Court of Appeals
Charles D. Howard v. State of Indiana
14A04-1406-CR-286
Criminal. Affirms convictions of two counts of Class A misdemeanor resisting law enforcement, Class B misdemeanor harassment, Class B misdemeanor public intoxication, and Class B misdemeanor disorderly conduct. The trial court issued a ruling on Howard’s motion to suppress/dismiss. Howard did not object to the admission of evidence at trial; (2) the state did not introduce or seek to admit into evidence any of Howard’s post-arrest statements; and (3) Howard did not file a motion for discharge under Criminal Rule 4 or object to the trial court’s setting of any of his trial dates.

COA reverses felony conviction for lack of evidence

The state did not prove that a St. Joseph County man intimidated another person when the man pulled out a knife after being confronted about stealing water, the Indiana Court of Appeals held Friday. The dissenting judge believed there to be no distinction between the defendant being “caught” stealing water and “confronting” the defendant about stealing it.

Judge dismisses bulk of Christ Church suit against JPMorgan

A federal judge on Thursday dealt a major blow to Christ Church Cathedral’s lawsuit charging JPMorgan Chase & Co. caused $13 million in losses in trust accounts endowed decades ago by Eli Lilly Jr. via “intentional mismanagement” and “self-dealing.”

Opinions May 21, 2015 ILD

Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Relationship of: J.G. (minor child) and A.G. (mother) v. The Ind. Dept. of Child Services (mem. dec.)
79A02-1411-JT-810
Juvenile. Affirms termination of parental rights.

Michael R. Stark v. Cathy S. Stark (mem. dec.)
31A01-1410-DR-452
Domestic relation. Affirms denial of husband’s petition to modify decree of dissolution of marriage. Remands with instructions to vacate the order he pay their sons’ phone bills until they are 26 years old.
 

Bankruptcy lawyer’s unruly conduct draws warning

A Terre Haute lawyer’s behavior at a bankruptcy court proceeding last week so alarmed parties involved that U.S. marshals were called, according to an order warning he could face discipline for his conduct.

Study: Local lockups can be more pricey to run than thought

It turns out running a jail can be even more expensive than previously thought. A study released Thursday examining what it actually costs to operate local lockups has found that a whole host of costs aren't always covered as line items in a corrections department's budget.

Opinions May 20, 2015 ILD

Indiana Court of Appeals
Jonte Twan Crawford v. State of Indiana (mem. dec.)
45A03-1409-CR-315
Criminal. Affirms 61-year sentence for felony murder and Class B felony robbery.

Jessica Cundari v. State of Indiana (mem. dec.)
49A02-1410-CR-742
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Tony R. Johnson, Jr. v. State of Indiana (mem. dec.)
82A04-1409-CR-425
Criminal. Affirms convictions of Class D felonies criminal gang activity and criminal recklessness.

Tyler Michael Cottrell v. State of Indiana (mem. dec.)
27A02-1409-CR-681
Criminal. Affirms revocation of probation and order that Cottrell serve three of his previously suspended five years in the Department of Correction.

Cleverly P. Lockhart v. State of Indiana (mem. dec.)
34A04-1407-CR-351
Criminal. Affirms 53-year sentence imposed following a re-sentencing in 1998 for Class C felony child molesting and three counts of Class B felony child molesting.

In re: The Adoption of A.S.B., S.B. v. K.E. (mem. dec.)
57A03-1410-AD-383
Adoption. Affirms adoption of child A.S.B. by K.E.

Elyse S. Barnfield v. State of Indiana (mem. dec.)
02A03-1409-CR-330
Criminal. Affirms sentence following guilty plea to Class D felony resisting law enforcement using a motor vehicle; two counts each of Class D felony possession of a controlled substance and possession of cocaine; and Class B misdemeanors false informing and failure to stop after an accident resulting in property damage.

Roy G. Dinwiddie v. State of Indiana (mem. dec.)
25A03-1405-CR-148
Criminal. Vacates Class D felony nonsupport of a dependent and remands to the trial court for entry of judgment on the Class C felony conviction of nonsupport only. Affirms six-year sentence.
 

Opinions May 20, 2015

7th Circuit Court of Appeals
University of Notre Dame v. Sylvia Mathews Burwell, Secretary of U.S. Department of Health & Human Services, et al., and Jane Doe 3
13-3853
U.S. District Court, Northern District of Indiana, Chief Judge Philip P. Simon.
Civil. Affirms denial of preliminary relief requested by Notre Dame against having to comply with the Affordable Care Act’s contraception mandate pending a trial. Notre Dame has not yet established its right to the injunctive relief it is seeking before trial and majority believes a trial on the merits is necessary. Judge Hamilton concurs in separate opinion; Judge Flaum dissents in separate opinion.

Fuel company settles claims over air emissions in 3 states

Marathon Petroleum Corp. will pay a fine of nearly $3 million and spend another $2.8 million on pollution controls at its distribution terminals in Indiana, Kentucky and Ohio, the U.S. Justice Department said Tuesday.