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Split COA reverses sex conviction on ‘Romeo and Juliet’ grounds

The majority of a Court of Appeals panel reversed the conviction of a young man who claimed he was wrongly denied an opportunity to present Indiana’s “Romeo and Juliet” law as an affirmative defense to a charge of sexual misconduct with a minor.

Opinions Aug. 22, 2016

Indiana Court of Appeals
Douglas M. Curtis v. State of Indiana
49A02-1512-CR-2293
Criminal. Reverses conviction of Class A misdemeanor criminal trespass. Because the apartment complex where Curtis had been living with his father provided him a 48-hour grace period to remove his property and Curtis was arrested while in the process of gathering his personal belongings, there was insufficient evidence to support the conviction.

City owes man legal fees for ‘meritless, possibly frivolous’ case

The Indianapolis Metropolitan Police Department and the city’s Office of Corporation Counsel pursued a ‘wholly meritless, possibly frivolous argument’ in a public-records case, the Court of Appeals ruled Monday. The city will pay the legal fees of a man who sued to obtain records after he was denied.

Appeals panel overturns man’s trespass conviction

An Indianapolis man who had lived with his father with the consent of the senior apartment complex where he resided should not have been convicted of trespass after he was ordered to leave, the Indiana Court of Appeals ruled in overturning a bench trial verdict.

Groups cite inadequate funds to defend death row inmate

Five legal groups are supporting a Missouri death row inmate, whose execution was halted hours before it was to be carried out in 2014, saying that he can't receive an adequate defense with the money allocated.

Mixed jobs report for the Class of 2015

Although the Class of 2015 law school graduates posted an employment rate of 86.7 percent, the size of the class — the smallest since before the start of the Great Recession — is masking the decline in the legal market which created fewer actual jobs for the newest attorneys, according to a new study by the National Association for Law Placement.

Judge in Texas temporarily blocks Obama’s transgender rules

A federal judge in Austin, Texas, is blocking for now the Obama administration's directive to U.S. public schools that transgender students must be allowed to use the bathrooms and locker rooms consistent with their chosen gender identity.

Cities call for change in Indiana redistricting

The Anderson City Council has become the sixth Indiana municipal legislative body to pass a resolution calling for a citizen panel to take over the drawing of district lines for seats in the U.S. Congress and the Indiana General Assembly.

Dissent: PO reversal ‘insulates’ domestic violence perpetrators

An ex-husband’s actions that prompted a woman to get a protective order against him did not constitute stalking or threatening behavior sufficient to warrant the court order, the majority of an Indiana Court of Appeals panel ruled Friday. A dissenting judge warned the holding “insulates perpetrators of domestic violence” who threaten friends or associates of former partners.

Opinions Aug. 19, 2016

Indiana Court of Appeals
Amir Basic and Gerard Arthus v. Numan A. Amouri, Mohamad H. Mohajeri, Mohammad Aslam Chaudhry, Adnan Khan, Imdad Zackariya, Mohammad Sirajuddin, Sarah Shaikh, Aijaz Shaikh, Ismail Al-Ani, et al.
71A03-1510-PL-1820
Civil plenary. Affirms trial court findings that it lacked subject matter jurisdiction, appellants lacked standing and its decision to quash certain subpoenas in a dispute brought against the imam of the Islamic Society of Michiana Inc., by a Amir Basic, a member of the board of directors and trustees, after he was removed. Finds Basic and Gerard Arthus acted in procedural bad faith. Grants appellees’ request for damages and remands to the trial court for a determination of those damages.

Imam, Islamic Society entitled to fees from deposed member

A man who was drummed out of the Islamic Society of Michiana’s board of directors filed a combative, confusing brief demonstrating bad faith when he appealed a trial court’s dismissal of his pro se suit seeking $5.2 million in damages. Now he’s on the hook for damages.

COA: Live-in girlfriend asked to leave didn’t trespass

A woman who accepted a man’s offer to live in his home and who soon became his lover should not have been convicted of trespass for refusing to leave when he tried to kick her out, the Indiana Court of Appeals ruled Friday.