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Opinions April 6, 2018

Indiana Court of Appeals
U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust v. Delphine D. Spurgeon, Co-Trustee of the Spurgeon Family Trust
36A01-1711-MF-2521
Mortgage foreclosure. Reverses the dismissal of U.S. Bank, N.A.’s complaint for foreclosure. Finds U.S. Bank did not fail to comply with Indiana Trial Rule 9.2(A) or fail to state a claim upon which relief could be granted. Also finds U.S. Bank has established its security interest in the property subject to the mortgage. Remands with instructions to grant U.S. Bank’s request for default judgment.

Chief Justice Rush to join LSC discussion of opioid crisis

Indiana Chief Justice Loretta Rush will be part of a panel discussion on the opioid crisis at the Legal Service Corporation’s annual Forum on Increasing Access to Justice in Washington, D.C. Rush and Jay Chaudhary, managing attorney of Indiana Legal Services, will be among the participants on the Access to Justice and the Opioid Epidemic panel.

Fogle seeks $57 million in damages in D.C. filing

Former Subway pitchman Jared Fogle is continuing his legal fight against his 2015 child pornography convictions, this time filing a complaint in a Washington, D.C., district court alleging judicial fraud and seeking $57 million in damages. The filing is the latest in a series of pro se jailhouse filings by Fogle that sometimes have incorporated sovereign citizen-styled pleadings.

COA reversal reinstates Jackson County foreclosure

A Jackson County foreclosure case was reinstated Friday after the Indiana Court of Appeals reversed the trial court, determining the mortgagee established a security interest in the property in question.

A look at the fallout from the Larry Nassar scandal

Numerous people have been fired or forced out of jobs in the wake of the scandal involving once-renowned gymnastics doctor Larry Nassar, who is serving decades in prison for molesting athletes and for child pornography crimes.

Mueller’s Russia probe shows it pays to cooperate

George Papadopoulos, taken by surprise by FBI agents at an airport last summer, now tweets smiling beach selfies with a Mykonos hashtag. Rick Gates, for weeks on home confinement with electronic monitoring, gets rapid approval for a family vacation and shaves down his potential prison time. Michael Flynn, once targeted in a grand jury investigation, travels cross-country to stump for a California congressional candidate and books a New York speaking event. The message is unmistakable: It pays to cooperate with the government.

Opinions April 5, 2018

Indiana Court of Appeals
Town of Brownsburg, Indiana, Town Council of Brownsburg, Indiana, and Jeanette M. Brickler v. Fight Against Brownsburg Annexation, et al.
32A01-1702-PL-215
Civil plenary. Affirms the entry of judgment against the Town of Brownsburg, the Brownsburg Town council and Jeanette M. Brickler and in favor of Fight Against Brownsburg Annexation. Finds the Hendricks Superior Court did not err in holding that Brownsburg failed to meet the “needed and can be used” requirement of Indiana Code section 36-4-3-13(c).

Conour files third appeal of 10-year wire-fraud sentence

Former Indianapolis attorney William Conour is appealing a second resentencing for his wire fraud conviction after a district court judgment imposed a 10-year federal prison sentence for the third time late last month.

Brownsburg loses appeal of order blocking annexation

The Indiana Court of Appeals has upheld a special judge’s ruling that prohibited the town of Brownsburg from annexing nearly 4,500 acres of land in Hendricks County, halting proposed plans to use the land for infrastructure, residential and school development.

Supreme Court to hear argument in Owen County

The Indiana Supreme Court will travel to southern Indiana later this month to hear an oral argument in Owen County. The court announced Thursday it will hear a case involving a 17-year-old’s reported suicide attempt.

Holcomb to launch coding program for female inmates

Gov. Eric Holcomb is launching a program that teaches inmates at the Indiana Women’s Prison how to code. The program to be unveiled Thursday will provide software engineering skills that might lead to potential jobs in the technology sector after female offenders are released.

Man gets 50 years in slaying of Terre Haute radio personality

A man who prosecutors say planned a burglary that led to the 2016 beating death of Terre Haute radio personality Matt Luecking has been sentenced to 50 years in prison. Donald Featherstone on Wednesday was the final defendant in the murder case to learn his punishment.

7th Circuit remands drug conviction for deficient counsel hearing

The U.S. District Court for the Southern District of Indiana must hold a hearing on a convicted drug offender’s motion for collateral relief after the 7th Circuit Court of Appeals determined the offender presented evidence to justify a hearing on deficient counsel performance.

Opinions April 4, 2018

The following 7th Circuit Court of Appeals decision was posted after IL deadline Tuesday:
LeeAnn Brock-Miller v. United States of America
16-3050
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses the denial of LeeAnn Brock-Miller’s motion under 28 USC section 2255 challenging her conviction of conspiracy to possess with intent to distribute heroin. Finds Brock-Miller’s 2008 conviction did not qualify as a felony drug offense subjecting her to a recidivist enhancement. Also finds Brock-Miller has presented sufficient evidence to justify a hearing on both deficient performance and prejudice under Strickland v. Washington, 466 U.S. 668 (1984). Remands for a hearing on Brock-Miller’s motion.

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The following 7th Circuit Court of Appeals decision was posted after IL deadline Tuesday:
LeeAnn Brock-Miller v. United States of America
16-3050
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses the denial of LeeAnn Brock-Miller’s motion under 28 USC section 2255 challenging her conviction of conspiracy to possess with intent to distribute heroin. Finds Brock-Miller’s 2008 conviction did not qualify as a felony drug offense subjecting her to a recidivist enhancement. Also finds Brock-Miller has presented sufficient evidence to justify a hearing on both deficient performance and prejudice under Strickland v. Washington, 466 U.S. 668 (1984). Remands for a hearing on Brock-Miller’s motion.

Anesthesia provider gets no relief in noncompete appeal

The Indiana Court of Appeals has upheld the denial of injunctive relief in a fraud case stemming from the alleged breach of a non-compete clause by two anesthesia service providers who worked at Marion General Hospital. The COA found evidentiary support for the trial court’s decision.