Opinions July 19, 2016
Indiana Court of Appeals
Jonathan Gibson v. State of Indiana (mem. dec.)
49A05-1601-PC-129
Post conviction. Affirms denial of petition for post-conviction relief.
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Appeals court says prosecutor manual can stay secret
A federal appeals court says the Justice Department does not have to turn over a prosecution training manual to defense attorneys.
After 10-year legal battle, Zionsville approves Wal-Mart’s store plans from 2006
The Zionsville Plan Commission on Monday night unanimously approved Wal-Mart Stores Inc.’s 10-year-old proposal to construct a store in one of the area's top retail corridors.
South Bend releases diversity plan for hiring, promotions
The city of South Bend has released a plan aimed at removing or reducing barriers to diversity and inclusion in hiring, career development and purchasing over the next three years. The plan will also help protect the city from future discrimination lawsuits.
Dow-DuPont could be on hook for Teflon liabilities, groups say
DuPont Co. and Dow Chemical Co. should tell shareholders before Wednesday’s merger vote that they may face exposure to costly potential damages from claims that a chemical used to make Teflon caused cancer and other ailments, community activists are telling the companies.
Dow-DuPont could be on hook for Teflon liabilities, groups say
DuPont Co. and Dow Chemical Co. should tell shareholders before Wednesday’s merger vote that they may face exposure to costly potential damages from claims that a chemical used to make Teflon caused cancer and other ailments, community activists are telling the companies.
3rd officer acquitted in black man’s police custody death
A judge further hollowed out the case against six Baltimore police officers charged in the death of a young black man, delivering a third consecutive acquittal and ruling once again that prosecutors failed to prove officers intentionally hurt Freddie Gray.
Man guilty in murder of man whose body was found at power plant
A southwestern Indiana jury has found a man guilty of murder and conspiracy to commit murder in the shooting death of a man at a power plant.
Southern District mandatory pro bono service to start in October
Attorneys could be tapped to handle cases under the U.S. District Court for the Southern District of Indiana’s new mandatory pro bono rule before the end of this year.
Opinions July 18, 2016
Indiana Court of Appeals
Pinnacle Properties Development Group, LLC v. Sarah Oliver (mem. dec.)
10A01-1512-SC-2143
Small claim. Affirms judgment in favor of Oliver on Pinnacle Properties’ small claim action seeking as damages unpaid rent and an unpaid utility bill, as well as possession of Oliver’s apartment.
What’s in a name? Litigation, if it’s Square Donuts
A federal judge last week kept alive a lawsuit filed by a northern Indiana maker and seller of Square Donuts against Square Donuts Inc., the Terre Haute-based company that sells its trademarked treats mostly across the four corners of southern Indiana.
Ball State University settles excessive force lawsuit
Ball State University has agreed to pay a local hip-hop artist $10,000 to settle an excessive force civil lawsuit after one of its officers used a leg sweep to take the person to the ground.
Website set up for COA judges facing retention vote
Indiana’s state courts have established a website with information about four Indiana Court of Appeals judges facing retention on the November ballot.
No charges to be filed against Indiana beer distributor
A special prosecutor says he has found no evidence that one of Indiana's largest beer distributors improperly funneled more than $1.5 million in campaign contributions.
Cass County adopts e-filing; Elkhart up next
Cass County became the 10th in the state to implement electronic filing in its Circuit and Superior courts Monday, and the rollout of e-filing will continue next Monday when Elkhart County begins to offer the service.
GM avoids some claims in suits over faulty ignition switches
A federal judge dismissed a swathe of customer claims in the nationwide litigation over General Motors Co.’s deadly ignition switch defect that triggered the recall of millions of vehicles two years ago.
Mandatory pro bono starting in Southern District
The U.S. District Court for the Southern District of Indiana has adopted a new local rule which will mandate certain attorneys provide pro bono services to pro se litigants.
COA affirms propane company must pay customers’ attorney fees
The Indiana Court of Appeals agreed with a trial court that a propane company is on the hook for two customers’ attorney fees after it failed to deliver prepaid propane gas under an agreement with the couple.
Opinions July 15, 2016
Indiana Court of Appeals
Larenz Jordan v. State of Indiana
27A02-1511-CR-1897
Criminal. Affirms Jordan’s convictions of 12 counts of rape and one count of conspiracy to commit rape, as Level 1 felonies; one count of Level 4 felony burglary, and one count of Level 5 felony robbery. The juvenile court, in waiving him to adult court, did not abuse its discretion as there was no error associated with the judge’s use of the phrase “criminal thinking” without reference to evidence-based measures of criminogenic behavior, where here, the elements of the waiver statute are other properly addressed and supported. Concludes his 40-year aggregate sentence is appropriate.
Man charged in shooting officer’s home wants trial moved
A man accused of shooting at the home of an Indianapolis police officer days after a sniper killed five Dallas police officers told a judge Friday he doesn't believe he can get a fair trial in the Indianapolis area.