Supreme Court declines case of 100-year molestation sentence
The Indiana Supreme Court has declined to take up the case of a man sentenced to 100 years in prison for molesting 20 children while working at a YMCA and at an elementary school.
Court opinions
Articles
Opinions Jan. 29, 2020
Indiana Court of Appeals
Raymond E. Cook, III v. State of Indiana (mem. dec.)
19A-CR-1594
Criminal. Affirms Raymond Cook III’s aggregate seven-year sentence for conviction in Ripley Circuit Court of Level 5 felony dealing in methamphetamine and Level 6 felony maintaining a common nuisance. Finds the sentence is not inappropriate in light of the nature of the offenses and his character.
Ex-deputy prosecutor who retaliated against detective suspended
A former Knox County chief deputy prosecutor has been suspended from the practice of law for abusing his prosecutorial authority as part of a retaliation campaign against a detective who discovered his sexual relationship with a criminal defendant. The elected Knox County prosecutor also faces a related disciplinary case, according to the Indiana Supreme Court.
Opinions Jan. 28. 2020
Indiana Court of Appeals
Termination: J H, et al. v. Child Advocates Inc, et al.
19A-JT-01549
Juvenile termination. Affirms the Marion Superior Court’s termination of J.H. and W.D.’s parental rights to their minor child, C.D. Finds the trial court did not clearly err in determining that there was sufficient evidence to support the termination of parental rights. Finds their right to consent to C.D.’s adoption was rightly terminated.
COA: Parents have no say in child’s adoption placement after TPR
A mother and father whose parental rights were terminated did not persuade the Indiana Court of Appeals to reverse the termination because they were deprived of the right to determine their child’s adoptive placement.
Justices, in 5-4 ruling, allow Trump public benefit rule in immigration
A divided Supreme Court on Monday allowed the Trump administration to put in place a policy connecting the use of public benefits including Medicaid, food stamps and housing vouchers with whether immigrants could become permanent residents.
Opinions Jan. 24, 2020
Indiana Court of Appeals
Stephen W. Peele v. State of Indiana
19A-CR-1775
Criminal. Reverses the dismissal of Stephen Peele’s petition for removal from the Indiana Sex Offender Registry. Finds the Marion Superior Court erred in dismissing Peele’s petition, finding Peele properly brought his petition for removal within a criminal cause in a qualifying court. Remands with instructions to the trial court to consider the merits of Peele’s petition.
COA reinstates petition to get off sex offender registry
A man’s petition to remove his name from the Indiana Sex Offender Registry was reinstated Friday when an appellate panel concluded that the trial court that dismissed the petition had jurisdiction to consider it.
Opinions Jan. 23, 2020
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday:
United States of America v. Jose Trinidad Garcia, Jr., and Alfonso Pineda-Hernandez, also known as Flaco
18-1890, 18-2261
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson
Criminal. Reverses the 20-year mandatory minimum sentence for Jose Garcia after he pleaded guilty to a drug-dealing conspiracy count, finding the predicate Indiana offense used to enhance his sentence does not qualify as a federal drug offense. Remands for resentencing. Affirms the 25-year sentence imposed on Alfonso Pineda-Hernandez after he was found guilty on two trafficking charges, finding no error in his sentencing or conviction.
COA reverses termination of mother’s parental rights
A trial court erred in terminating a mother’s parental rights to her two minor children, finding the potential of the children’s reunification with their father and their continuing bond with their mom made the termination of their relationship with their mother not in their best interests.
Juvenile molestation finding reversed over faulty rights waiver
The Indiana Court of Appeals on Thursday reversed a 12-year-old boy’s delinquency adjudication for what would be Level 4 felony child molestation, finding he lacked maturity to knowingly and voluntarily waive his rights and that evidence of a police interrogation should not have been admitted.
7th Circuit remands one drug sentence enhancement, lets another stand
One of two men convicted as conspirators in an Indiana meth ring will be resentenced as a result of his appeal while the other man convicted in the scheme will serve his full 25-year sentence, the 7th Circuit Court of Appeals held Wednesday.
Double jeopardy found in gun convictions, but sentence affirmed
A felon convicted on two gun charges and sentenced to an upper-range prison term received token relief from the Indiana Court of Appeals on Thursday, but he still is ordered to serve more than 10 years behind bars.
Opinions Jan. 22, 2020
Indiana Court of Appeals
First Chicago Insurance Company v. Candace Collins, et al.
19A-PL-02000
Civil plenary. Finds the Marion Superior Court did not abuse its discretion in granting Robin Dunn’s motion for relief from default judgment, as Dunn showed a meritorious defense and misconduct of an adverse party under Trial Rule 60(B)(3). Reverses the order requiring that First Chicago Insurance Company make up to $25,000 available for Dunn’s claims. Remands for proceedings.
COA finds misconduct in insurer’s crash claim defense
A woman who sued an insurance company after she and her child were injured in a multi-vehicle crash showed a meritorious defense and misconduct of an adverse party in the case, the Indiana Court of Appeals ruled Wednesday. The appeals court sent the case back to the trial court for full consideration of her claims.
Web Exclusive: Expungement wait period case awaits justices
After more than 10 years with a criminal record, an Elkhart man successfully petitioned to reduce his felony conviction to a misdemeanor. But when he tried to expunge the conviction two years later, he faced an unexpected setback. The Indiana Supreme Court will decide whether he and others in his situation must wait longer for an expungement.
Indiana Court Decisions – Jan. 1-14, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Suit over federal executions likely headed back to SCOTUS
Death penalty experts say they expect justices of the United States Supreme Court ultimately will decide whether federal executions will resume at the United States Penitentiary in Terre Haute.
COA upholds Indiana jurisdiction in dispute involving German manufacturer
A German water pipe manufacturer did not convince an Indiana Court of Appeals panel on Tuesday that Hoosier courts lack personal jurisdiction to hear a negligence lawsuit brought against the company by a northern Indiana apartment complex.
Split COA reaffirms original decision for lawyers in dispute over tax sale proceeds
An Indiana Court of Appeals panel has once again split over matters concerning a lawsuit brought against two lawyers, this time granting a petition for rehearing to reaffirm a prior split decision.