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Opinions March 11, 2016

Indiana Court of Appeals

Indiana High School Athletic Association, Inc., and Hammond Gavit High School v. Nasir Cade, et al.
45A03-1503-PL-84
Civil plenary. Reverses preliminary injunction granted in favor of the high schools and players. Remands for dismissal of claims brought by students who would have been banned from participating in the IHSAA boys’ basketball state tournament because their claims are now moot. COA says trial court erred by concluding the schools demonstrated a likelihood of success on the merits and remands to trial court.

COA overturns trust validity case

A redacted copy of a living trust did not stop a woman from challenging and winning her charge that a trial court improperly dismissed her complaint contesting validity of the trust.

Bad publicity not enough to justify preliminary injunction

The Indiana Court of Appeals denied a doctor’s motion for preliminary injunction after it found he did not present enough evidence to justify it because he did not let the disciplinary process at his hospital play out.

Denial of jury instruction was correct, COA rules

The Indiana Court of Appeals said a trial court was right in denying a man’s jury instruction that would have applied mens rea to every element of aggravated battery, saying the severity of an injury is not an element of prohibited conduct, but a result of it.

Lawmakers pass police video bill

Indiana law enforcement agencies will get the right to withhold all body and dash cam video recordings from the public under a bill that's now headed to the governor's desk.

ADEA does not apply to company who fired 61-year-old employee

The 7th Circuit Court of Appeals affirmed summary judgment for New Holland Logansport in a wrongful termination suit after it found the company did not meet the definition of employer under the Age Discrimination in Employment Act.

7th Circuit: Plea agreement not breached by government

The 7th Circuit Court of Appeals said the government did not breach its plea agreement with a defendant by introducing more victims than were mentioned in the agreement and therefore dismissed his appeal.

Man has to pay back money despite court errors

The Indiana Court of Appeals ruled a man must pay back $19,486 he stole from another man despite court errors and the fact that the 10-year statute of limitations had expired.

Senator: Jordan withdraws name for Supreme Court

A federal appeals court judge who could have become the U.S. Supreme Court's first Cuban-American justice has withdrawn his name from consideration, a Democratic senator said Wednesday.

Clinton emails: GOP sues, senators press attorney general

Republican senators pressed for more information Wednesday about an FBI investigation into the potential mishandling of sensitive information that passed through former Secretary of State Hillary Clinton's private email server, and their party sued for copies of the messages.

Opinions March 9, 2016

Indiana Court of Appeals
David Lee Marshall v. State of Indiana
20A03-1507-MI-973
Criminal. Affirms the denial of David Lee Marshall’s petition for expungement, holding the trial court could properly find, based upon Marshall’s own admission, that he had committed a crime in the relevant time period and was not entitled to the requested relief.