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Opinions Dec. 22, 2015

Indiana Supreme Court
Randy L. Thornton v. State of Indiana, Ind. Dept. of Corr., Marion Co., Indiana, City of Indianapolis, Matthew Pietrzak, Stephanie Buttz, Eric Lee, and Dianna Johnson
49S02-1512-PL-709
Civil plenary. Grants transfer and reverses the dismissal of Thorton’s Section 1983 claim against the defendants. Remands for further proceedings. The trial court erred when it determined Thorton’s complaint did not state a claim for relief under 42 U.S.C. 1983 against the individually named probation officers. Justices Dickson and Massa dissent without opinion.

COA rules in contentious attorney fees case

The Indiana Court of Appeals had harsh words for the three lawyers involved in a protracted, unprofessional legal battle over attorney fees owed in a breach of contract lawsuit against Lake Station, Indiana.

7th Circuit orders new resentencing hearing

A man who appealed the parts of his Section 2255 proceeding that were denied, as well as his new criminal judgment entered on rehearing, will be getting a new sentencing hearing, the 7th Circuit Court of Appeals determined Monday.

Opinions Dec. 21, 2015

7th Circuit Court of Appeals
Frederick T. Garner v. United States of America
13-3506, 15-3661
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil/Criminal. Vacates new criminal sentence and remands to the district court for resentencing. Because of the misunderstanding that arose after Garner tried to appeal from the district court’s comments indicating the court saw no merit in his ineffective-counsel argument, Garner did not receive the full resentencing to which he was entitled.

COA: Breath test properly admitted

A man convicted of drunken-driving failed to convince the Indiana Court of Appeals that the state did not prove that the chemicals used in his breath test equipment were certified under Indiana administrative rules.

Judge believes restitution order properly entered

An Indiana Court of Appeals judge dissented from his colleagues Monday in a case in which the majority reversed the court-ordered $3,600 in restitution for a coin sale that turned out to be fraudulent. The dissenting judge also raised public policy concerns about requiring victims to appear at sentencing hearings.

South Bend attorney leaves behind strong legacy

Attorney James Brotherson, who built a career counseling many of the largest manufacturers and suppliers in the recreational vehicle industry in northern Indiana, died Dec. 18. He was 63.

Battle looms over restriction on cold medicine used for meth

Indiana lawmakers have yet to gather for the 2016 legislative session, but already the multibillion-dollar pharmaceutical industry has clashed with influential law enforcement organizations over a proposed law that would require a prescription to buy a common cold medicine also used to make methamphetamine.

Justices to hear arguments over Indy OTB smoking

The Indiana Supreme Court has scheduled arguments next month that could determine whether an Indianapolis off-track betting parlor may continue to allow smoking that’s otherwise banned in Marion County bars, restaurants and public places.

Apple CEO Tim Cook keeps support for unbreakable encryption

Apple Inc. Chief Executive Officer Tim Cook repeated his strong support for unbreakable encryption technology, despite criticism from global law enforcement agencies that believe the digital tools impede criminal and terrorism investigations.

7th Circuit divided over injunction in defamation case

The 7th Circuit Court of Appeals Friday found an injunction issued in a case involving religious artifacts and defamation claims was entirely too broad and threatened to silence the defendants completely. But the judges were split over whether the district court should be able to modify the injunction.

Opinions Dec. 18, 2015

7th Circuit Court of Appeals
Kevin B. McCarthy, et al. and Langsenkamp Family Apostolate, et al. v. Patricia Ann Fuller, et al.
14-3308, 15-1839
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms judgment in favor of plaintiffs on their claims against Fuller and Paul Hartman, including defamation. Reverses injunction put in place against Fuller and Hartman enjoining them from keeping up a blog or making certain statements regarding the plaintiffs. The injunction in this case is so broad it threatens to silence Fuller and Hartman completely. Remands for the district court to decide whether to issue a new injunction, one consistent with the criticisms outlined by the appellate court. Judge Sykes concurs with separate opinion.
 

Parties settle latest dispute over Franklin County courthouse nativity

A lawsuit filed on behalf of the national nonprofit Freedom From Religion Foundation and the Satanic Temple challenging a nativity scene on the Franklin County courthouse has been settled. This is the second lawsuit filed in less than a year over the religious display.