Prosecutors seeking DNA sample in Gary officer’s slaying
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.
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Northern Indiana school district sued over Nativity scene
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
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
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
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.
Court erred in not considering subsequent property settlement agreements
The Indiana Court of Appeals reversed a ruling in favor of a woman on her claim that her ex-husband owed her more than $2.4 million based on a 1997 property settlement agreement. The judges found the trial court should have considered subsequent property settlement agreements the two entered into without the court’s approval.
Allen County judge recognized for jury operations improvements
Allen Superior Judge Frances C. Gull, who has spent the past 10 years to electronically upgrading the court’s jury management system, will receive the 2015 G. Thomas Munsterman Award for Jury Innovation from the National Center for State Courts for her efforts.
Report on pro se litigants presented to Indiana Supreme Court
A report and recommendations for addressing the issue of unrepresented litigants has been submitted to the Indiana Supreme Court but the contents are not being made public.
Lawsuit takes on Indiana’s right-to-farm laws
The Hoosier Environmental Council has filed a lawsuit on behalf of a pair of Hendricks County families who say they face “intolerable living conditions” created by odors coming from a nearby 8,000-hog farm that opened two years ago.
Federal jury rules against DCS, awards family $31.3 million
The family of a 14-year-old Pulaski County girl who died as a result of prescription error has been awarded $31.3 million in a judgment against state agents who wrongly removed the couple’s children from their home and prosecuted the parents for their daughter’s death.
Cleveland appeals ‘jock tax’ ruling to US Supreme Court
The city of Cleveland says it is within its rights to tax visiting professional athletes based on the number of games they play a year because taxation is a matter of local jurisdiction.
Indiana’s high court takes up lawmaker email case
The Indiana Supreme Court will hear an appeal involving a lawsuit seeking a lawmaker's emails and other correspondence with utility company officials over solar power legislation he sponsored.
Indianapolis Red Mass highlights legal lesson of the Good Samaritan
An estimated 200 attorneys, judges and law students gathered Oct. 5 to celebrate the beginning of the judicial year at the 56th annual Red Mass sponsored by the St. Thomas More Society of Indianapolis.
Opinions Oct. 6, 2015
7th Circuit Court of Appeals
Bryana Bible, Individually and on Behalf of the Proposed Class v. United Student Aid Funds, Inc.
14-1806
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Civil. Denies petition for rehearing en banc of the panel decision. The panel reversed and remanded the District Court’s dismissal of Bible’s complaint against a creditor in a student loan default case. None of the panelists who wrote three separate opinions, nor other Circuit judges, favored rehearing en banc. Judge Frank Easterbrook wrote a concurrence to underscore that deference to federal agency positions affirmed in Auer v. Robbins, 519 U.S. 452 (1997), has been assailed by recent Supreme Court rulings suggesting that decision “may not be long for this world.”
Reversal reinstates negligence claim in fall on snowy hotel lot
A trial court erred in granting summary judgment in favor of hotel defendants on a negligence claim arising after a guest slipped, fell and was injured in a parking lot covered by a dusting of snow.
Cocaine dealing conviction affirmed over jury instruction challenge
A man convicted of dealing cocaine failed to persuade the Indiana Court of Appeals to reverse due to what he claimed was an erroneous jury instruction.
Neutral Corner: Mediation communications in legal malpractice actions
The legal malpractice case of Cassel v. Superior Court of Los Angeles County, 244 P. 3d 1080 (2011), continues to ricochet through the California mediation community and court system, and the issue it raised is now headed to the Legislature.
7th Circuit rejects en banc rehearing in student loan case
Whether a creditor can apply student loan rehabilitation agreement payments to collection costs is a question that split a panel of the 7th Circuit Court of Appeals three ways, but Circuit judges agreed they’ve heard enough of the matter for now.
Attorneys: Indiana feticide conviction was absurd use of law
Attorneys for an Indiana woman seeking to overturn her conviction in the death of her premature baby have argued prosecutors relied on an absurd use of the state's feticide law.