State appeals ruling against right-to-work law
Attorney General Greg Zoeller announced Wednesday the state has asked the Indiana Supreme Court to reverse a Lake County judge’s order invalidating the right-to-work law that bans compulsory union dues.
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Cybersecurity expert: ruling on surveillance program ‘extraordinarily significant’
Indiana University Maurer School of Law professor Fred Cate heralded the decision handed down Dec. 16 by U.S. District Judge Richard J. Leon as possibly landing a crippling blow to the federal government’s surveillance program.
COA: County officials not bound to collective bargaining agreement
An issue of first impression arose in a lawsuit in which a local union argued that the Madison County assessor and recorder had to follow the terms of a collective bargaining agreement that the county had entered into with UAW.
State not allowed to intervene in Weinberger case
Finding the law does not allow the state to become a party to otherwise private litigation at any stage of the proceedings, the Indiana Court of Appeals reversed its prior order granting the state’s motion to intervene in a settlement reached between former doctor Mark Weinberger and the estate of a patient.
Judges clarify late-filed amendment required reversal, not remand
On a petition for rehearing, the Indiana Court of Appeals affirmed its decision to reverse a habitual offender enhancement because the amendment to the habitual offender allegation was made after the trial started and prejudiced the defendant’s rights.
8-year sentence upheld for teen who killed friend while street racing
A Madison County man who crashed his car while street racing, which killed one passenger and injured two others, could not convince the Indiana Court of Appeals that the trial court erred in declining to give a lesser-included instruction of reckless driving at his trial for reckless homicide.
We The People crowns state champions
After three days of competition among more than 600 high school and middle school students, teams from Fishers and Nashville took the top spots in the Indiana We The People program.
Indianapolis attorney tapped to lead BMV
Ice Miller LLP attorney Donald M. Snemis has been named as the commissioner of the Indiana Bureau of Motor Vehicles. He will begin his tenure Jan. 6.
Opinions Dec. 17, 2013 ILD
Indiana Court of Appeals
Christopher D. Bunch v. State of Indiana (NFP)
79A02-1303-CR-227
Criminal. Affirms Bunch’s 80-year executed sentence for pleading guilty to five counts of child molesting, each as a Class A felony.
In the Matter of the Commitment of T.G. (NFP)
19A05-1306-MH-303
Mental health. Affirms regular mental health commitment order.
Kelly S. Craig v. State of Indiana (NFP)
63A05-1209-PC-494
Post conviction. Affirms denial of Craig’s petition for post-conviction relief.
Carl E. Ascherman v. State of Indiana (NFP)
15A01-1305-CR-237
Criminal. Affirms Ascherman’s 20-year executed sentence following a conviction for one count of attempted child molesting, a Class B felony, and two counts of contributing to the delinquency of a minor, Class A misdemeanors.
Ayanna Earls v. State of Indiana (NFP)
49A02-1304-CR-364
Criminal. Affirms conviction for battery, a Class A misdemeanor.
Christopher Turner v. State of Indiana (NFP)
49A04-1304-PC-168
Post conviction. Affirms denial of Turner’s petition for post-conviction relief.
Donald L. Deputy v. Connie S. Deputy (NFP)
30A04-1303-DR-108
Domestic relation. Affirms order that father pay for son’s college room and board. Reverses order that father maintain health insurance and health care costs on children and remands for the order to be amended that the duty to maintain health care coverage is contingent upon his children remaining enrolled in a post-secondary educational institution. Judge Elaine Brown concurs in part and dissents in part.
Adam S. Fiers v. State of Indiana (NFP)
85A04-1306-CR-320
Criminal. Affirms revocation of Fiers’ probation and sentencing him to serve six months on work release for failing to meet the financial obligations of his probation.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Dec. 17, 2013
Indiana Supreme Court
Indiana Gas Company, Inc. and Southern Indiana Gas and Electric Company, et al v. Indiana Finance Authority and Indiana Gasification, LLC
93S02-1306-EX-407
Agency action. Affirms the Indiana Utility Regulatory Commission’s approval of a contract between Indiana Finance Authority and Indiana Gasification, LLC that obligates the state to purchase synthetic natural gas that would be produced at a coal-gasification plant in Rockport. A divided panel of the Court of Appeals had invalidated the contract, but justices agreed that the IURC’s decision should be affirmed because the parties modified the disputed portion of the contract.
Fees against IHSAA for unreasonable litigation upheld
The Indiana High School Athletic Association should pay for its insistence on enforcing rules that courts repeatedly said were arbitrary and capricious, an appeals panel ruled Tuesday.
Injured worker has to prove company is secondarily liable in workers’ comp claim
The Indiana Court of Appeals split in deciding a workers’ compensation claim concerning who had the burden to prove whether the true value of work exceeded $1,000 and, therefore, triggered secondary liability.
Reversal: Insurer had duty to provide dental office full coverage
An insurer that for decades wrote policies for a dental office had a special duty to advise the office about coverage and ensure the office was fully covered, the Indiana Court of Appeals ruled Tuesday in reversing summary judgment in favor of the insurer.
Supreme Court revives Rockport plant proposal
The Indiana Supreme Court revived a controversial state-backed deal that would facilitate construction of a $2.7 billion coal-using synthetic natural gas plant in Rockport. The decision likely sets up another round of state regulatory review if developers choose to move forward.
IndyBar Board Approves Rule Change Proposal
The Indianapolis Bar Association Board of Directors approved a proposed rule amendment generated by the bar’s Appellate Practice Section at its Dec. 4 meeting.
Blomquist: Reflecting on a Great Year with Gratitude
My last column begins with my favorite quote from E.B. White, which also rests on my signature line as Legal Counsel for the Indiana Coalition Against Domestic Violence.
IndyBarApplication Process for New Attorney ID Cards to Begin Dec. 20
It’s renewal time for City-County Building Attorney Identification Cards, and the process has gone online. Starting Dec. 20, attorneys seeking to renew cards or apply for new cards can do so online at https://www.biz.indygov.org/attorneycards/.
DTCI sponsors American Cancer Society Discovery Ball
The Defense Trial Counsel of Indiana was a proud sponsor of the American Cancer Society Discovery Ball Nov. 15 through its Joan Fullam Irick Memorial Fund.
