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Opinions Oct. 9, 2015

October 9, 2015

Indiana Court of Appeals

Allen Gray Limited Partnership IV v. Bishop Mumford, Christopher Mumford, Elizabeth B. Mumford, Richardson S. Mumford, Thomas F. Mumford, Jr., and William M. Mumford
26A01-1503-MI-92
Miscellaneous. Affirms summary judgment for the Mumford family. The trial court correctly determined the reservation applied to the surface area of the “drilling unit” and did not restrict the Mumfords from making the reserved wells deeper.

Deed allows owners to make wells deeper, court rules

October 9, 2015

A family that sold mineral rights to a company but reserved the rights to oil and gas from certain producing wells was not restricted by the deed from making the reserved wells deeper, the Indiana Court of Appeals held Friday.

LinkedIn settles case over adding connections

October 9, 2015

Over the weekend, the emails began arriving. LinkedIn Corp. was notifying millions of customers that it was settling a class action that, in all likelihood, very few users even knew was pending

New US clean water regulations blocked nationwide by court

October 9, 2015

A U.S. appeals court has put on hold new federal environmental regulations governing American water bodies while it reviews a legal challenge from 18 states.

Director: Indiana child services case managers leaving

October 9, 2015

The Indiana Department of Child Services is seeing a higher percentage of its family case managers leave the agency, its director told the DCS Oversight Committee.

New judge assigned to 2nd trial of former Lake Station mayor

October 9, 2015

A judge accused of falling asleep during the trial of the former Lake Station mayor and his wife has recused himself from a second trial involving them.

Indiana justice recognized for work with children

October 9, 2015

Indiana Justice Steven David has received the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative Distinguished System Leadership Award. The award recognizes his work with children in court.

Attorneys: City handling of police shooting a national model

October 9, 2015

North Charleston, South Carolina, did not erupt in violence — as other cities in similar circumstances did — after a white police officer fatally shot an unarmed black man. Attorneys for both the city and the family say that is because of the quick actions both sides took to preserve the peace and to come to an agreement.

BMV: Reforms underway but will take years to complete

October 9, 2015

Significant reforms are underway at the troubled Indiana Bureau of Motor Vehicles, officials said Thursday, but noted those will likely take several years to carry out and won't come from "quick fixes" to the agency, which in recent years has overcharged motorists millions of dollars in fees.

Lawsuit wants plans mandated for dealing with big oil spills

October 8, 2015

An environmental group sued the federal government Thursday, contending it gives pipeline owners and operators a free pass on developing legally required plans for dealing with oil spills into lakes, rivers and other inland waterways.

Johnson County judges, public defenders sued for ‘systemic’ problems

October 8, 2015

People who’ve been arrested in Johnson County are taking the unusual step of filing a class-action lawsuit against the county, judges and public defenders there, claiming they have not been represented by an underfunded and overburdened public defender system.

Johnson County Courthouse

Opinions Oct. 8, 2015

October 8, 2015

Indiana Court of Appeals
Robert E. Quinn v. State of Indiana
20A03-1503-CR-82
Criminal. Affirms convictions of child molesting and criminal confinement, both Class B felonies. Under the facts and circumstances of this case, the state’s employees acted reasonably in the manner in which they maintained, discovered and tested DNA evidence that led to Quinn’s convictions, thereby establishing the due diligence requirement of I.C. 35-41-4-2(b).

State performed due diligence charging man in 25-year-old attack

October 8, 2015

In a matter of first impression, the Indiana Court of Appeals held that state employees met the due diligence requirement of I.C. 35-41-4-2 regarding the statute of limitations in charging a man in 2013 for an attack on a 10-year-old girl in 1988.

BP to pay $138 million in fees in DOJ deal

October 8, 2015

The value of BP Plc’s settlement with the U.S. government and five Gulf states over the Deepwater Horizon oil spill rose to $20.8 billion in the latest tally of costs from the U.S. Justice Department.

Delta sues Indy-based airline over canceled flights

October 8, 2015

Delta Air Lines Inc. is suing Republic Airways Holdings Inc., claiming that the regional airline company failed to fly some Delta Connection flights.

Prosecutors seeking DNA sample in Gary officer’s slaying

October 8, 2015

The Lake County Prosecutor's Office wants to obtain a DNA sample from a 27-year-old man accused of killing a Gary police officer.

Northern Indiana school district sued over Nativity scene

October 8, 2015

A high school student and a parent are challenging the constitutionality of a live Nativity scene that's been included in a northern Indiana school district's annual Christmas show for decades.

Opinions Oct. 7, 2015

October 7, 2015

7th Circuit Court of Appeals
Tom Allen Manuel v. J.A. Terris
15-1392
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Civil. Affirms denial of petition for habeas corpus, directed at the prison warden, for a reduction of Manuel’s prison sentence. The period that Manuel wants credited against his federal sentence had already been credited toward his state sentence.

Drug statutes not vague, but justices dismiss ‘spice’ charges

October 7, 2015

Two men who challenged their criminal charges for possessing chemical compound XLR11 had their charges dismissed by the Indiana Supreme Court Wednesday, but not because the statutes relating to the drug are unconstitutional as they had argued.

Federal prisoner not entitled to additional sentence credit

October 7, 2015

The 7th Circuit Court of Appeals agreed with a lower court that an inmate in a federal Terre Haute prison should not receive credit for a three-year period as he argued in his habeas corpus petition.

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Firing squad, gas execution methods move out of Indiana House committee

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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