Connecticut man sues over job rejection due to medical marijuana
A Connecticut man whose bid to become a firefighter in the state’s largest city was rejected because he uses medical marijuana has sued.
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Appeals court heads to Terre Haute to hear murder case
A panel of the Indiana Court of Appeals traveled to Terre Haute today hear oral argument in a case involving murder, attempted murder and armed robbery.
Opinions Feb. 11, 2019
The following 7th Circuit Court opinion was posted after IL deadline Friday.
Ronnie L. Winsted, Jr. v. Nancy A. Berryhill
18‐2228
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Magistrate Judge Mark J. Dinsmore.
Civil. Remands the denial of Ronnie Winsted’s application for disability insurance benefits and supplemental security income. Finds the administrative law judge did not consider Winsted’s difficulties with concentration, persistence, and pace. Finds the ALJ did not adequately explain how the limitations he placed on Winsted’s residual functional capacity accounted for his concentration-functioning difficulties. Remands to the Social Security Administration.
Tax Court affirms reduced Jeffersonville Meijer assessment
The Clark County assessor has lost her appeal of a determination that lowered the assessed value of a Jeffersonville Meijer store when the Indiana Tax Court found she failed to prove the decision was contrary to law, unsupported by substantial evidence, or was an abuse of discretion.
Gun training for teachers among Indiana GOP firearms bills
Indiana school districts would be able to seek state money to provide gun training for teachers under a bill endorsed by a legislative committee.
7th Circuit remands disability case over ALJ’s errant hypotheticals
A rejection of a man’s application for disability and supplemental security income was remanded after the 7th Circuit Court of Appeals found an administrative law judge’s hypothetical question ignored one of the man’s most significant deficits.
COA: Stolen used tires of value; theft conviction affirmed
The Indiana Court of Appeals affirmed a woman’s conviction for stealing used tires from an Avon auto dealership when it found the tires were of value because they presented a liability to the dealership if used without authorization.
COA affirms child molesting conviction, sentence
A Carroll County man’s sentence of 40 years in prison for molesting his girlfriend’s 7-year-old daughter was upheld Monday. An appellate panel rejected his arguments that evidence from the victim’s exam was wrongly excluded and that his sentence was inappropriate, among others.
Court erred in setting defender fee, skipping indigency hearing
A woman convicted of misdemeanor disorderly conduct after police came on her property and arrested another person was wrongly ordered to pay an inflated public defender fee without the trial court first determining whether she was able to pay.
Indiana superintendent criticized for letter seeking prayers
A southern Indiana school superintendent’s letter asking local churches to pray for the district has led to criticism that he may have overstepped the boundary between church and state.
Man pleads guilty to 2 murder counts in 1998 triple-murder
A northern Indiana man has pleaded guilty to two counts of murder on the same day jury selection was set to begin in his third trial in a triple-murder case.
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Opinions Feb. 8, 2019
Indiana Court of Appeals
Bryan Alexander, Karl Cameron, William Love, Charlie Lovins, Kevin McMurray and Matt Oelker, on behalf of themselves and all others similarly situated v. Linkmeyer Development II, LLC, et al.
18A-PL-311
Civil plenary. Affirms the denial of a motion for summary judgment brought by a class of laborers formerly employed by Linkmeyer Development II, LLC and its members Steve Linkmeyer and Brian Bischoff and the partial grant of summary judgment to Linkmeyer Development, Linkmeyer and Bischoff on an unjust enrichment claim. Also affirms the partial denial of Linkmeyer Development, Linkmeyer and Bischoff’s summary judgment motion on claims brought under Indiana wage laws. Finds the Dearborn Circuit Court did not err. Judge John Baker concurs in part and dissents in part with separate opinion
Acting AG overseeing Mueller probe says he’s not interfered
Acting Attorney General Matthew Whitaker said on Friday he has “not interfered in any way” in the special counsel’s Russia investigation as he faced a contentious and partisan congressional hearing in his waning days on the job.
Indiana man gets life for sexually exploiting 3 children
Federal prosecutors in Indiana say a man has received a life sentence for sexually exploiting three children, including a young girl in Ireland. U.S. prosecutors said Thursday that 37-year-old Ricky Dean Clark was sentenced to a life term without a chance for parole for offenses involving sexual exploitation, coercion and enticement of a child and child pornography.
Election panel won’t probe Bosma’s use of campaign funds
A state election panel won’t investigate Indiana House Speaker Brian Bosma’s use of campaign funds to collect information on a woman who says she performed oral sex on the married Republican lawmaker when she was a legislative intern in 1992.
Divided COA upholds summary judgment denial in contract dispute between developer, laborers
A divided panel of the Indiana Court of Appeals has upheld the denial of cross-motions for summary judgment in a Lawrenceburg contract dispute, finding genuine issues of material fact as to whether a land developer breached its contract with the city and whether a class of laborers was entitled to prevailing wages under Indiana’s wage laws.
Taco food truck explosion not foreseeable, divided COA says
A man injured while waiting for his taco lunch lost his appeal that he was owed a duty of care from a salvage yard, with a majority of an Indiana Court of Appeals panel finding a food truck explosion at the salvage yard was not reasonably foreseeable.
COA: Juror with family drunk driving history not biased in OWI case
The Indiana Court of Appeals affirmed a woman’s drunken driving conviction after finding that she failed to provide sufficient evidence that one of the jurors hearing her case withheld potentially prejudicial information.