Courts to close Monday for Labor Day
State and federal courts will be closed Monday, Sept. 7, in observance of the Labor Day holiday.
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Opinions Sept. 4, 2015 ILD
Indiana Court of Appeals
In Re the Adoption of: N.S. and I.S., Children, M.S. v. B.K. (mem. dec.)
32A01-1411-AD-500
Adoption. Affirms granting of B.K.’s (stepfather) petition to adopt the children N.S. and I.S. Denies stepfather’s request for appellate attorney fees.
Marcus Blackmon v. State of Indiana (mem. dec.)
49A02-1412-CR-890
Criminal. Affirms convictions of dealing in a narcotic drug, a Class A felony; possession of a controlled substance, a Class D felony; two counts of resisting law enforcement, Class A misdemeanors; and escape, a Class C felony.
Cleveland Range, LLC v. Lincoln Fort Wayne Associates, LLC
02A05-1503-PL-96
Civil plenary. Affirms order permitting Lincoln Fort Wayne Associates to depose three of Cleveland’s witnesses even though Lincoln has not yet initiated litigation. Finds the petition qualified under Indiana Trial Rule 27 because it is being used to memorialize evidence that is already known rather being used as a pre-trial discovery device.
Jonathan Paul Graham v. State of Indiana (mem. dec.)
54A01-1502-CR-61
Criminal. Affirms an aggregate sentence of four and one-half years (with two and one-half years suspended to probation) for pleading guilty to one court of possession of paraphernalia, a Class A misdemeanor; two counts of contributing to the delinquency of a minor, Class A misdemeanors; and one court of maintaining a common nuisance, a Level 6 felony.
Nathan McFarland v. State of Indiana (mem. dec.)
89A01-1412-CR-532
Criminal. Affirms 13-year sentence for conviction of battery, a Class C felony and his adjudication as a habitual offender.
IL Daily will not publish Sept. 7 in observance of the Labor Day holiday. Publication will resume Sept. 8. IL wishes you a safe and enjoyable holiday weekend.
Opinions Sept. 4, 2015
7th Circuit Court of Appeals
Grace Schools, et al., and Diocese of Fort Wayne-South Bend, Inc., et al. v. Sylvia Mathews Burwell, et al.
14-1430-1431
Appeals from the U.S. District Court for the Northern District of Indiana
Judge Jon De Guilio
Civil. Reverses preliminary injunction in favor of the plaintiffs, preventing the federal government from enforcing the “contraceptive mandate” of the Patient Protection and Affordable Care Act. However, extends the injunction for 60 days to allow the District Court the time to address additional arguments made by the parties. Finds the accommodation does not impose a substantial burden on the plaintiffs’ religious beliefs. Judge Daniel Manion dissents, arguing nonprofits have shown accommodation violates the federal Religious Freedom Restoration Act.
Councilman sues South Bend for not defending him in lawsuit
A South Bend city council member is suing the city for not defending him in a libel case involving a wiretapping investigation.
Tax Court affirms dismissal of common-property assessment appeals
A homebuilder that challenged assessment of common area parcels of land within several residential neighborhoods in Hendricks County lost its appeal at the Indiana Tax Court Friday.
COA affirms that petition is not a fishing expedition
The request to depose three elderly witnesses is not an attempt by a landowner to fish for facts, the Indiana Court of Appeals has ruled.
Judge jails Kentucky clerk for refusing marriage licenses
A defiant county clerk was sent to jail for contempt Thursday after insisting that her "conscience will not allow" her to follow a federal judge's orders to issue marriage licenses to gay couples.
Opinions Sept. 3, 2015 ILD
Indiana Court of Appeals
Vinod C. Gupta v. Green Tree Servicing LLC, f/k/a Conseco Finance Servicing Corp. (mem. dec.)
84A01-1412-MI-543
Miscellaneous. Reverses order voiding the tax sale. Remands for further proceedings. Finds trial court abused its discretion by excluding testimony from Gupta’s witness.
Opinions Sept. 3, 2015
Indiana Court of Appeals
Memory Gardens Management Corporation, Inc. v. Liberty Equity Partners, LLC, and Old Bridge Funeral Home, LLC
49A02-1501-CC-1
Civil collection. Affirms grant of the Old Bridge parties’ motion for summary judgment and affirms the denial of Memory Gardens’ cross-motion for summary judgment. Remands to decide reasonable appellate attorney fees. Finds Memory Gardens’ failure to object to receiver’s final report forever bars it from claiming the $450,000 demand note. Also rules receiver abandoned Memory Gardens’ claims for the demand note.
JPMorgan Chase settles suit over Christ Church trust accounts
JPMorgan Chase & Co. has settled a lawsuit accusing it of mismanaging the trust accounts of Christ Church Cathedral, the historic Monument Circle church endowed by descendants of drug company founder Eli Lilly.
Indiana Supreme Court agrees to hear Zionsville merger case
The Indiana Supreme Court has agreed to hear a case involving Zionsville’s ability to merge with Perry Township.
Claims for old debt are forever barred
A dissolved corporation that did not object sooner cannot now demand payment on an old debt, the Indiana Court of Appeals has ruled.
Judge lets Brady play, ruling against NFL in ‘Deflategate’
A federal judge in New York let the air out of “Deflategate” Thursday, erasing New England quarterback Tom Brady’s four-game suspension for a controversy that the NFL claimed threatened football's integrity.
Indiana’s pioneering female attorneys honored
The late Shirley Shideler, who was the first woman to be named a partner at a large Indiana law firm, will be honored at a special reception recognizing trailblazing women lawyers.
Matchmaking service unveiled for Indiana inventors and IP attorneys
Indiana University Maurer School of Law is getting into the matchmaking business.The school’s Center for Intellectual Property Research has opened a patent hub which will connect inventors with IP attorneys willing to do pro bono work.
Opinions Sept. 2, 2015 ILD
Indiana Court of Appeals
Ryan Nieves v. State of Indiana (mem. dec.)
26A04-1501-CR-46
Criminal. Affirms conviction and aggregate 90-year sentence for eight counts of child molesting, all Class A felonies, and one count of child molesting, a Class C felony.
Opinions Sept. 2, 2015
Indiana Supreme Court
David Anderson, Joe Wray, John Kennard, Commissioners, and Board of Trustees, Brown County Fire Protection District v. Susanne Gaudin, Janet Kramer, and Ruth Reichmann
07S01-1505-PL-284
Civil plenary. Reverses summary judgment finding that a county board of commissioners lacked authority to amend an ordinance that previously established a countywide fire protection district. Majority concludes that under the Home Rule Act, boards of county commissioners are authorized to amend fire protection districts, even if an amendment dissolves the district. The opinion written by Justice Brent Dickson was joined by Justice Mark Massa and Chief Justice Loretta Rush; Justice Steven David concurred with a separate opinion. Justice Robert Rucker dissented and would affirm the trial court judgment in favor of property owners.
Altice sworn in as Court of Appeals judge
Former Marion Superior Judge Robert R. Altice Jr. was sworn in as a judge on the Indiana Court of Appeals Wednesday by Chief Justice Loretta Rush, the court said in a statement.
Columbus council backs sexual orientation protections
The all-Republican city council in Indiana Gov. Mike Pence’s hometown has voted unanimously to give initial support for adding sexual orientation and gender identity to the city’s anti-discrimination ordinances.
Clerk defying gay marriage orders: ‘A heaven or hell decision’
Now as the Rowan County clerk in Morehead, Kentucky, Kim Davis is refusing to surrender in a battle over who can and can’t be wed. She invoked “God's authority” Tuesday as she defied a series of federal court orders and once again denied marriage licenses to same-sex couples.