Opinions Jan. 6, 2015

Keywords neglect / Opinions

The following opinion was posted Monday after IL deadline
7th Circuit Court of Appeals

United States of America v. Tommy Webster
U.S. District Court for the Northern District of Indiana, South Bend Division
Judge Robert L. Miler Jr.
Criminal. Affirms conviction of possession with intent to distribute cocaine, possession of a firearm in furtherance of a drug trafficking offense, manufacture of marijuana, possession with intent to deliver cocaine, and possession of a firearm as a convicted felon. In an issue of first impression, holds that a video recording of Webster talking to another suspect in the back of a squad car is admissible because there was no objectively reasonable expectation of privacy. Also rejects Webster’s arguments that the court erred by allowing into evidence lab results on the seized drugs and that the evidence was insufficient to support his conviction.

Today's opinions
Indiana Supreme Court
Fishers Adolescent Catholic Enrichment Society, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater
Civil. Vacates the final order from the Indiana Civil Rights Commission regarding a dispute over a dinner menu. The commission had found that the Fishers Adolescent Catholic Enrichment Society Inc. did not discriminate against Bridgewater when it did not provide a special meal for her daughter who suffered from food allergies. However, the commission did rule that FACES did commit an unlawful discriminatory practice when it expelled the Bridgewater family from the group after they filed the disability discrimination complaint. The Supreme Court concluded because the activities of FACES fell outside education, the commission lacked the statutory authority to take any action other than the dismissal of these claims. Remands with instructions to grant the motion to dismiss filed by FACES on both claims. Justice Robert Rucker dissented, maintaining the commission does have the authority to act on the retaliation claim.

Indiana Court of Appeals
Jennifer Suits v. State of Indiana (NFP)
Criminal. Affirms conviction for battery, as a Class B misdemeanor. Finds the police officer’s warrantless entry and subsequent search of Suits’ apartment did not violate her rights under the Fourth Amendment and Article 1, Section 11 on the Indiana Constitution. Concludes the state established the existence of exigent circumstances that led the police officer to reasonably determine that someone in the residence was in need of assistance.

Joseph C. Lehman v. Firstsource Advantage, LLC (NFP)
Civil collection. Affirms judgment in favor of Firstsource for $7,311.62 plus court costs.

Danny's Sports Bar Chicago Style Pizza v. Todd Schuman (NFP)
Civil tort. Affirms default judgment in Schuman’s favor for $68,216.40 plus interest. Finds the decision by one of the restaurant’s part owners to ignore Schuman’s lawsuit rather than contacting a lawyer or taking some action to defend the restaurant was not “excusable neglect” within the meaning of Trial Rule 60(B).


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