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COA reverses syringe possession conviction due to lack of evidence

December 9, 2014
Jennifer Nelson
Because the state couldn’t prove that a man intended to use a syringe to inject a legend drug, as is required by the statute to convict him of possession of a syringe, the Indiana Court of Appeals reversed the man’s conviction. The man intended to use the syringe to inject heroin, which is not covered by the statute.
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Appeal hearing set for ex-Indiana elections chief

December 9, 2014
 Associated Press
The Indiana appeals court is set to take up former Secretary of State Charlie White's fight to overturn the voter fraud conviction that forced him from office.
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Supreme Court inadvertently sends email to thousands of attorneys

December 8, 2014
IL Staff
Because of a human error, the Indiana Supreme Court accidently sent an email intended for a small group of attorneys to thousands of attorneys through its notification system.
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DOC credit-time policy does not result in disparate treatment

December 8, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected an inmate’s argument in his lawsuit challenging the constitutionality of the Department of Correction’s policy concerning the restoration of credit time for inmates. Because the policy does not result in disparate treatment, the judges affirmed the lower court ruling in favor of the DOC.
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Justices take molestation case that divided Court of Appeals

December 8, 2014
IL Staff
The Indiana Supreme Court has granted transfer to a Marion County case that split the Court of Appeals as to whether the man’s Class A felony conviction for molesting his girlfriend’s daughter should be upheld.
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COA reverses convictions based on ineffective appellate counsel

December 8, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s convictions of Class A felony child molesting and Class B felony sexual misconduct with a minor based on his sexual advances toward his stepdaughter when she was in junior high and high school. The judges acknowledged as a result of their decision, the stepfather won’t face any legal consequences for those actions, but the state had a duty to present sufficient evidence to support those convictions.
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Ex-prosecutor helps Ball State avert future fraud

December 8, 2014
 Associated Press
A former federal prosecutor and a CPA firm are evaluating Ball State University's internal financial controls and investment portfolio as they create a plan to prevent a repeat of two investment scams that cost the university more than $13 million.
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Clarksville Town Court judge must resign following OWI conviction in Kentucky

December 5, 2014
Jennifer Nelson
The Indiana Supreme Court publicly reprimanded Clarksville Town Court Judge Mickey K. Weber Friday and ordered he resign from the bench, effective Dec. 31. Weber pleaded guilty earlier this year to two charges stemming from a drunken-driving incident in Louisville, Kentucky.
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Feds drop case against former Eli Lilly scientists accused of stealing secrets

December 5, 2014
Indianapolis Business Journal, J.K. Wall
Federal prosecutors in Indianapolis dropped all charges against two scientists accused of stealing trade secrets worth $55 million from Eli Lilly and Co., according to a court motion made Friday in federal court in Indianapolis.
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Indiana gets nearly $78,000 in Sirius XM settlement

December 5, 2014
IL Staff
Some Indiana residents who have subscribed to Sirius XM Radio Inc. may be entitled to a refund following the satellite radio company’s multi-state settlement regarding claims of misleading advertising and billing practices.
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7th Circuit reverses denial of benefits, blasts ALJ’s reasoning

December 5, 2014
Jennifer Nelson
Finding several things “wrong” with an administrative law judge’s decision denying a Fort Wayne woman’s application for Social Security Income for the years prior to her turning 55, the 7th Circuit Court of Appeals reversed and remanded for further proceedings.
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Justices order adoption petitions moved to juvenile division based on local rule

December 5, 2014
Jennifer Nelson
The Indiana Supreme Court noted Thursday that the parties and both of the previous courts involved in an adoption matter were partly correct in their analyses as to where the petitions needed to be filed. But the Lake Superior Court, Civil Division should have transferred the petitions from its court to the juvenile division, where a local rule requires adoption petitions to be filed.
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Humke to lead Ice Miller as managing partner

December 5, 2014
IL Staff
Ice Miller LLP partner Steven Humke has been elected to succeed Phillip Bayt as managing partner of the AmLaw 200 firm based in Indianapolis.
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‘Disputed facts’ prevent federal judge from overturning contested abortion restrictions

December 4, 2014
Marilyn Odendahl
Conflicting opinions from medical experts has stopped a federal judge from issuing a final summary judgment in a challenge to the Indiana statute that requires non-surgical abortion clinics to have the same equipment and adhere to the same requirements as a surgical facility.
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Court erred in affirming decision new seawall must be removed

December 4, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the portion of a trial court’s order that affirmed the decision by a board of zoning appeals denying a company’s request for a variance which allowed its newly completed seawall to remain intact. The judges found Caddyshack Looper LLC demonstrated that strict application of the setback requirement will result in practical difficulties.
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Justices: Homes subject to tax sale from delinquent sewer fees

December 4, 2014
Jennifer Nelson
The Indiana Supreme Court issued two cases dealing with the same issue Thursday: whether a tax sale could be used to collect unpaid sewer bills. The justices ruled it could and reversed judgment in favor of the homeowners.
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COA orders man’s birth certificate change to reflect gender

December 4, 2014
Jennifer Nelson
The birth certificate of a person who was born a woman but now identifies as a man and has undergone extensive medical treatment for gender transition should be changed to show he is male, the Indiana Court of Appeals ruled Thursday.
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Indiana joins lawsuit over Obama’s immigration executive order

December 4, 2014
 Associated Press, Jennifer Nelson
Indiana has joined a lawsuit filed by 17 states challenging executive actions taken by President Barrack Obama on immigration last month.
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Questions exist as to whether teen furnished alcohol to other teens

December 4, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a Pittsboro man in a lawsuit alleging he was liable for the death of friend because he furnished alcohol at a party. The friend died in a car accident while riding with another teen who had consumed alcohol at the party.
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2 charged with kidnapping woman want trials moved

December 4, 2014
 Associated Press
The couple charged with holding a southwestern Indiana woman captive for two months are asking that their trials be moved to another county.
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Conour appeal focuses on defense withdrawal, sentencing terms

December 3, 2014
Dave Stafford
Convicted fraudster and ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge argues the court failed to investigate his defense counsel’s withdrawal. His appeal also claims that the court wrongly imposed “suspicionless” searches and other conditions of supervised release following his imprisonment.
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US Supreme Court hears pregnancy discrimination case

December 3, 2014
 Associated Press, Indianapolis Business Journal
The Supreme Court of the United States is weighing how much employers must do to accommodate pregnant workers under a federal law aimed at combating discrimination against them.
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Bennett probe called for prosecution

December 3, 2014
 Associated Press
A months-long investigation into former State Superintendent of Public Instruction Tony Bennett's use of state staff and resources during his 2012 re-election campaign found ample evidence to support federal wire fraud charges, according to a copy of the 95-page report viewed by The Associated Press.
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More than 3 dozen Indiana jurists retiring, leaving bench at year’s end

December 3, 2014
Dave Stafford
Five judges with a combined bench experience of more than a century are departing the Marion County courts at the end of the year, joining dozens of jurists around the state who are calling it a career.
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Indiana Tech taps a Cooley dean to lead law school

December 3, 2014
Marilyn Odendahl
Charles Cercone, associate dean of faculty and professor at Western Michigan University’s Thomas M. Cooley Law School, says the opportunity at Indiana's newest law school is "simply unique."
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  5. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

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