Articles

Feds: Action taken to fix mistakenly awarded work permits

Problems have been fixed that led to about 2,100 work permits being mistakenly awarded under President Barack Obama's executive immigration action after a federal judge in Texas had put the plan on hold, the Justice Department said in newly filed court documents.

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Opinions July 31, 2015 ILD

Indiana Court of Appeals
Todd Crane v. State of Indiana (mem. dec.)
15A04-1501-CR-9
Criminal. Affirms aggregate four-and-a-half year sentence for pleading guilty to battery, as a Class D felony; criminal mischief, as a Class D felony; resisting law enforcement, as a Class A misdemeanor; criminal trespass, as a Class A misdemeanor; criminal mischief, as a Class A misdemeanor; and inhaling toxic vapors, as a Class B misdemeanor. Vacates conviction for criminal mischief, finding the conviction violates the prohibition against double jeopardy. Remands with instructions.

Jonathan Diaz v. State of Indiana (mem. dec.)
29A02-1502-CR-112
Criminal. Affirms revocation of Diaz’s probation, ordering him to serve 490 days of the previous 550-day suspended sentence.

Zachary D. Reinders v. State of Indiana (mem. dec.)
02A04-1501-CR-12
Criminal. Affirms 70-year aggregate sentence for murder and Level 2 felony robbery.

Jason L. Caldwell v. State of Indiana (mem. dec.)
28A01-1501-CR-24
Criminal. Affirms 111-year executed sentence for murder and Level 1 felony rape.

Kenneth George Wolfe v. State of Indiana (mem. dec.)
49A02-1504-CR-219
Criminal. Affirms 281-year sentences for Wolfe’s five attempted murder convictions.

Eric L. Davis, Sr. v. State of Indiana (mem. dec.)
71A03-1403-PC-82
Criminal. Affirms denial of petition for post-conviction relief.

Eric Joya v. State of Indiana (mem. dec.)
49A02-1409-CR-606
Criminal. Affirms convictions for Class B felony child molesting and Class C felony child molesting.

In the Matter of the Term. of the Parent-Child Relationship of: O.Q., a Minor Child, L.Q. v. Ind. Dept. of Child Services (mem. dec.)
41A05-1412-JT-587
Juvenile. Affirms the termination of the parental rights of L.Q. (mother) over her child, O.Q.

Kenyon Sanders v. State of Indiana (mem. dec.)
49A05-1412-CR-576
Criminal. Affirms judgment of trial court that the evidence was sufficient to prove beyond a reasonable doubt that Sanders was the person who shot the victim.

Danny Bailey v. State of Indiana (mem. dec.)
82A01-1501-CR-28
Criminal. Affirms denial of post-conviction petition.

Christopher M. Knight v. State of Indiana (mem. dec.)
02A03-1501-CR-29
Criminal. Affirms three-year sentence after guilty plea to Class D felony domestic battery.

Jeremy Thompson v. State of Indiana (mem. dec.)
22A04-1411-CR-534
Criminal. Affirms conviction of dealing in a schedule I controlled substance, a Class A felony.

 

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Opinions July 31, 2015

Indiana Supreme Court
The following opinion was posted after IL deadline Thursday
In Re the Visitation of L-A.D.W., R.W. v. M.D. and W.D.
82S01-1507-DR-452
Domestic. Affirms trial court grant of grandparent visitation, finding visitation in the child’s best interests and that the trial court did not abuse its discretion in setting a schedule it deemed occasional and temporary. Justice Steven David wrote the majority opinion joined by Justices Brent Dickson and Mark Massa. Chief Justice Loretta Rush concurred, but wrote separately to caution that a reliance upon deference to the trial court insufficiently protects a parent’s constitutional right to guide a child’s upbringing, but in this case, the visitation order did not unduly infringe on father’s parental rights. Justice Robert Rucker joined Rush’s concurring opinion.

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Insurer off hook in Indy strip club shooting

A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.

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Opinions July 30, 2015 ILD

Court of Appeals
Jeremy Farris v. State of Indiana (mem. dec.)
67A04-1411-CR-533
Criminal. Affirms post-conviction court’s denial of his motion for partial summary judgment.

Ashley L. Stapert v. State of Indiana (mem. dec.)
18A02-1411-CR-787
Criminal. Affirms convictions for two counts of Class A felony child molesting.

Walker Whatley v. State of Indiana (mem. dec.)
49A02-1411-PC-781
Post conviction. Affirms denial of Whatley’s petition for post-conviction relief.

Ronald Moore v. State of Indiana (mem. dec.)
09A02-1411-CR-792
Criminal. Affirms conviction and 18-year sentence with 10-year enhancement for one count of dealing in a schedule I controlled substance, a Class B felony.

Tammie D. Wasson v. State of Indiana (mem. dec.)
70A04-1504-CR-139
Criminal. Affirms seven-year aggregate sentence for conviction of Class B felony dealing in a controlled substance.
 

 

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Opinions July 30, 2015

Indiana Supreme Court
Wellpoint, Inc. (F/K/A Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, AIG Europe (U.K.) Limited, et al
49S05-1404-PL-244
Civil plenary. Grants petition for rehearing to modify the Supreme Court’s previous opinion. Finds its reversal should be clarified to grant summary judgment in favor of Anthem but only on the issues raised in Continental’s motion of summary judgment. Holds Continental did not waive its unasserted defenses.

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Trial court erred in ruling defendant waived counsel

A defendant who pleaded with a judge to try to obtain possibly exculpatory video evidence he said his public defender refused to seek did not, by his conduct, waive his right to counsel, the Indiana Court of Appeals determined Thursday.

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Tax Court stands by its original decision

Reiterating the relationship between exclusion and consumption exemption, the Indiana Tax Court upheld its earlier ruling exempting Aztec Partners LLC from paying sales tax on the electricity it used.

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