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Opinions July 12, 2013 ILD
Indiana Court of Appeals
Term. of the Parent-Child Rel. of J.J.; M.J. (Mother) v. The Indiana Dept. of Child Services (NFP)
49A05-1211-JT-575
Juvenile termination. Affirms termination of mother M.J.’s parental rights with respect to her son, J.J.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday.
Opinions July 12, 2013
7th Circuit Court of Appeals
Miguel Gutierrez v. Michael R. Kermon
12-2934
Civil/wrongful arrest, excessive force. Dismisses Indianapolis Metropolitan Police Department officer Michael Kermon’s interlocutory appeal of a denial of summary judgment on the basis of qualified immunity from a wrongful arrest and excessive force lawsuit. The court held that it had no jurisdiction over the interlocutory appeal because Kermon’s argument was dependent on a disputed fact and the court will not reweigh evidence.
7th Circuit won’t excuse IMPD officer from wrongful arrest, excessive force suit
A man’s federal lawsuit against two Indianapolis Metropolitan Police Department officers and the city will go forward after a federal judge rejected one officer’s interlocutory appeal.
BMV announces credits for overcharged motorists
Indiana motorists who overpaid for driver’s licenses over the past six years will get the money back in the form of a credit on their next transaction at the Bureau of Motor Vehicles, the agency announced Friday.
Hamilton County attorney drunken-driving charges include a felony
A Barnes & Thornburg LLP attorney arrested July 7 on suspicion of drunken driving in Hamilton County faces two charges from the incident, including a Class D felony because of a prior conviction.
Opinions July 11, 2013 ILD
Indiana Court of Appeals
Paul Monet Fontaine v. State of Indiana (NFP)
45A03-1211-CR-476
Criminal. Affirms sentence for Class C felony forgery.
Cecilia Kelly v. GEPA Hotel Owner Indianapolis LLC, GEPA Hotel Operator Indianapolis LLC, and Schindler Elevator Corporation (NFP)
49A04-1210-CT-509
Civil tort. Reverses grant of summary judgment in favor of GEPA Hotel Owners Indianapolis, GEPA Hotel Operator and Schindler Elevator Corp. on Kelly’s negligence lawsuit.
David L. Howard v. State of Indiana (NFP)
46A04-1212-PC-639
Post conviction. Affirms denial of petition for post-conviction relief.
Dana L. Smith v. James L. Smith (NFP)
49A05-1210-DR-554
Domestic relation. Affirms order denying Dana Smith’s motion to correct error following the entry of the decree dissolving the Smiths’ marriage. Remands with instructions for the trial court to add an exhibit nunc pro tunc and to redistribute the decree to the parties.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
Opinions July 11, 2013
7th Circuit Court of Appeals
United States of America v. Danny Harmon
12-1502
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Affirms convictions of marijuana conspiracy and related offenses and 360-month sentence. A trial continuance did not violate his Sixth Amendment right to a speedy trial and the disclosure of Harmon’s prior drug conviction did not deprive him of a fair trial. The court did not make a mistake in finding Harmon responsible for more than 10,000 kilograms of marijuana.
Judge finds Apple conspired to raise e-book prices
A judge in the U.S. District Court for the Southern District of New York ruled Wednesday that Apple Inc. colluded with major U.S. publishers to artificially raise the retail prices of e-books.
7th Circuit affirms drug convictions, sentence
The 7th Circuit Court of Appeals has upheld an Indiana man’s convictions and 360-month sentence for drug-related offenses, rejecting his claims that his right to a speedy trial was violated and the starting time of his offenses was incorrectly determined by the District Court.
Man accused of violating city ordinances entitled to jury trial
Because the underlying substantive claims brought against an Indianapolis man regarding his treatment of his dog are quasi-criminal, he is entitled to a jury trial under the Indiana Constitution, the Indiana Court of Appeals has ruled.
COA: Surrogate can not petition to disestablish maternity
A married woman who acted as a surrogate for another couple cannot petition to disestablish her maternity because it would cause the child to be “declared a child without a mother,” the Indiana Court of Appeals determined on interlocutory appeal.
Associate survey places Taft, Ice Miller, FBD in top Midwest 15 firms
Vault.com’s annual ranking of law firms has landed three firms with Indiana ties in the top 15 in the Midwest, according to associates who work in this region.
COA affirms $1,380 restitution order for missing CDs, coins
The Indiana Court of Appeals held Thursday that a trial court did not err in letting the state present evidence of a victim’s loss for the first time at a restitution hearing. It affirmed an order that Kenneth Smith pay $1,380 to William Kirkham for missing CDs and coins.
Server’s electronic tip alteration is forgery, COA rules
A Logan’s Roadhouse server who used a computer to alter the amount of tip a customer left for her on a credit card can be convicted of forgery, the Indiana Court of Appeals affirmed Thursday.
Attorney says Washington nonprofit’s complaints are part of ‘smear’ campaign
Terre Haute conservative attorney James Bopp Jr. says that an IRS whistleblower suit and other complaints alleging Bopp has diverted funds from the nonprofit James Madison Center for Free Speech to his law firm are part of a “smear machine” by Citizens for Responsibility and Ethics in Washington.
Opinions July 10, 2013 ILD
Indiana Court of Appeals
Wesley Young v. State of Indiana (NFP)
49A02-1209-PC-753
Post conviction. Affirms denial of petition for post-conviction relief.
In Re the Marriage of Gregory Young v. Nicole Young (NFP)
20A03-1212-DR-538
Domestic relation. Affirms denial of father’s request to modify custody and the court’s award of maintenance to the mother.
Jacob Fuller v. State of Indiana (NFP)
48A02-1210-CR-848
Criminal. Affirms convictions and sentence for two counts of murder and one count of Class A felony robbery.
Adam Voegel v. State of Indiana (NFP)
49A05-1210-CR-502
Criminal. Affirms convictions and sentence for two counts each of Class A felony child molesting, Class C felony child molesting and Class D felony child solicitation; one count of Class D felony dissemination of matter harmful to minors; and two counts of Class A misdemeanor obscene performance.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions July 10, 2013
Indiana Court of Appeals
Wesley Young v. State of Indiana (NFP)
49A02-1209-PC-753
Post conviction. Affirms denial of petition for post-conviction relief.
Gay student settles with school system over claims of harassment
A gay Indianapolis high school student who was expelled last year for using a device that emits an electric charge to defend himself from bullies has settled his lawsuit against Indianapolis Public Schools for failing to protect him.
Faegre Baker Daniels seeks applicants for diversity fellowship program
Faegre Baker Daniels LLP is now accepting applications for its 2014 Diversity & Inclusion Fellowship program. The fellowships provide experience and mentorship to second-year law students in one of firm’s seven offices.