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Opinions — May 18, 2016

Indiana Court of Appeals
Joshua Schaaf v. State of Indiana
85A04-1506-CR-796.
Criminal. Affirms Joshua Schaff’s convictions but reduces his sentence for two counts of dealing heroin. Finds sufficient evidence for his convictions even though he didn’t participate in one of the transactions and didn’t know he was near a park in the second. Reduces Schaff’s sentence from 15 years for the first count and 40 for the second count to 10 for the first count and 30 for the second, finding the sentence was too harsh. Judge Paul Mathias dissents in opposition to the sentence reduction in one-paragraph opinion.

Ex-credit union chief loses defamation per se appeal

The Indiana Court of Appeals affirmed summary judgment for an employer after the president of a company was fired over an executive’s hotline call. The president claimed defamation per se and considered the hotline company liable, but the COA ruled comments made during the call were not defamatory.

COA reinstates ex-boyfriend’s complaint for damages

The Indiana Court of Appeals found a man’s complaints for compensation against his girlfriend for work he did on two houses, including a house they both lived in, should not have been dismissed. The case was remanded to the trial court.

US backs Syrian refugees against Pence at 7th Circuit

The Department of Justice is urging the 7th Circuit Court of Appeals in Chicago to affirm an Indianapolis district court judge’s ruling that blocked Gov. Mike Pence’s directive to suspend federal aid to Syrian refugees resettled in Indiana.

COA: Search under probation did not violate Fourth Amendment

The Indiana Court of Appeals found a warrantless search of property did not violate a man’s Fourth Amendment and Indiana Constitutional rights and upheld the denial of his motion to suppress evidence after he was convicted of two methamphetamine counts.

New OT rules force hard choices on small businesses

The regulations being issued by the Labor Department today would double to $913 a week from $455 the threshold under which salaried workers must be paid overtime. In terms of annual pay, the threshold rises to $47,476 from $23,660. The rules take effect Dec. 1.

Teen courts across northwest Indiana dole out justice

The Teen Court program in Lake County, along with others in northwest Indiana, gives teens an alternative to the traditional trajectory of juvenile justice. The program uses a novel approach in which a jury of teens decides the punishment for peers who are diverted from the juvenile justice system.

7th Circuit: Man not eligible for sentence reduction

The 7th Circuit Court of Appeals affirmed a prisoner is not subject to a sentencing reduction after it ruled an amendment that decreased the recommended penalties for the crimes he committed did not allow for a reduction.

Insurer who paid wrong party doesn’t have to pay correct one

The 7th Circuit Court of Appeals affirmed summary judgment for an insurance company that acknowledged paying a death benefit to the wrong party but successfully argued that the proper recipient waived its right to the proceeds by allowing the wrong party to claim the money.

COA: Evidence obtained during welfare check is admissible

The Indiana Court of Appeals ruled evidence from a search where police officers went into a house without a warrant to check on the children was valid evidence at trial and affirmed denial of a woman’s motion to suppress.

IndyBar: Why Attending Bench Bar is a Great Idea

The Bench Bar Conference is where judges and lawyers learn the “inside baseball” of our profession. Here are reasons why you should take advantage of this great opportunity and consider attending this year’s Bench Bar.