Lawyer runs 155 miles through the Gobi Desert
In June, 53-year-old David McAvoy not only marked his 25th year working at Eli Lilly, he also participated in a 155-mile race through the largest desert region in Asia: the Gobi Desert.
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SWAT busted in ‘disturbing’ Evansville home raid
A violent, destructive and ultimately misguided SWAT team search of an Evansville home captured on helmet-cam video was “disturbing” and “cannot have helped race relations in Evansville,” a federal appeals court said July 31.
Friedlander reflects on half-century in law as retirement nears
Although he’s set to retire later this month, COA Judge Ezra “Zeke” Friedlander will continue to serve as a senior judge. Marion Superior Judge Robert Altice will be taking his place.
Appeal raises ire of 7th Circuit
A southern Indiana couple who tried to stop the sale of their property to satisfy delinquent state and federal taxes was unsuccessful. The 7th Circuit Court of Appeals described the merits of their appeal as “feeble.&rdquo
Opinions Aug. 10, 2015 ILD
Indiana Court of Appeals
Paris V. Collins v. State of Indiana (mem. dec.)
32A01-1504-CR-152
Criminal. Affirms revocation of work-release placement and remand to Department of Correction.
Keith Bullock, Jr. v. State of Indiana and Indiana Bureau of Motor Vehicles (mem. dec.)
49A02-1411-MI-833
Miscellaneous. Affirms denial of petition to reinstate driving privileges.
Opinions Aug. 10, 2015
7th Circuit Court of Appeals
United States of America v. Dennis R. Williams and Leslie Ann Williams and Indiana Dept. of Revenue and Clark County Indiana
13-2359
Appeal from U.S. District Court, Southern District of Indiana, New Albany Division
Chief Judge Richard Young
Civil. Affirms order the property belonging to the Williamses be sold and the receipts divided among the Internal Revenue Service, the state of Indiana and Clark County. Finds the U.S. secretary of the treasury did authorize the proceedings and the attorney general did direct the action to commence. Holds the Williamses did receive notification of the amount of taxes they owed. Rules the state and county claims belong in the proceeding. Concludes the District Court’s decision is sensible and not an abuse of discretion.
Eli Lilly wins first trial over antidepressant ‘brain zaps’
Eli Lilly and Co. isn’t liable for withdrawal symptoms including so-called brain zaps experienced by a woman after she quit the antidepressant Cymbalta, a federal jury said.
Judge cuts amount diocese must pay ex-teacher to $403,608
A federal judge in Fort Wayne has reduced to $403,608 the amount a Roman Catholic diocese must pay a former northern Indiana teacher who was fired after undergoing fertilization treatment.
Feds detail why they want Armstrong medical records
The federal government says it wants Lance Armstrong’s medical records from his 1996 cancer treatments because they could prove just how far he was willing to go to conceal performance-enhancing drug use from the public and his sponsors.
7th Circuit rejects Indiana appeal of EPA ruling
Indiana had standing to appeal EPA approval of a change in how Illinois monitors for auto emissions, but the state failed to show the Environmental Protection Agency’s decision was arbitrary and capricious, the 7th Circuit Court of Appeals ruled Friday.
Letter to victim’s mother supports lesser misdemeanor charge
A defendant’s rambling letter to a victim’s mother was not enough to uphold his convictions for attempted obstruction of justice and invasion of privacy, but it was sufficient to support a lesser charge.
Opinions Aug. 7, 2015 ILD
Indiana Court of Appeals
James Dewbrew v. State of Indiana (mem. dec.)
49A04-1412-CR-597
Criminal. Affirms conviction of unlawful possession of a firearm by a serious violent felon, a Class B felony.
E.C. Brown v. State of Indiana (mem. dec.)
49A04-1501-CR-7
Criminal. Affirms convictions of pointing a firearm, a Class A misdemeanor, and battery, a Class B misdemeanor.
Anthony D. Dunn v. State of Indiana (mem. dec.)
34A04-1503-CR-88
Criminal. Affirms 50-year aggregate sentence imposed by the Howard Circuit Court after Dunn pleaded guilty to Class A felony attempted robbery.
Jeffrey Burns v. State of Indiana (mem. dec.)
34A02-1501-CR-11
Criminal. Affirms 21-year sentence for aggravated battery, a Class B felony.
In Re the Involuntary Commitment of R.R. v. Indiana University Health Bloomington Hospital (mem. dec.)
53A05-1501-MH-19
Mental health. Affirms involuntary commitment of R.R. and injections of medications.
Danny A. Lucas v. Morgan County Memorial Hospital, Dr. Claire L. Scheele, M.D., and Dr. Murat Polar, M.D. (mem. dec.)
55A01-1503-CT-93
Civil tort. Reverses summary judgment in favor of Morgan County Memorial Hospital, Claire Scheele M.D. and Murat Polar M.D. Finds the confusion over whether the antibiotic was given in a timely fashion is a question of material fact which makes summary judgment inappropriate.
Mahouton Dassi v. State of Indiana (mem. dec.)
49A05-1501-CR-34
Criminal. Affirms conviction of battery resulting in bodily injury, a Class A misdemeanor.
Delvante Jones v. State of Indiana (mem. dec.)
49A02-1412-CR-872
Criminal. Affirms conviction of murder. Finds Jones’ request to proceed pro se was not made until the second day of the trial after the state had presented most of its evidence. Concludes the request was untimely and properly denied by the Marion Superior Court.
Jeffery J. Hunt v. State of Indiana (mem. dec.)
20A03-1408-CR-300
Criminal. Reverses 120-year sentence imposed by the Elkhart Circuit Court after guilty plea to robbery while armed with a deadly weapon causing seriously bodily injury, a Class A felony; burglary, a Class A felony; conspiracy to commit burglary, a Class B felony; and criminal confinement, a Class B felony. Remands with instruction that the sentence for the two Class A felony convictions be reduced from 50 years to 30 years each; and his two Class B felony convictions remand unchanged at 20 years each for an aggregate sentence of 100 years.
Lamar Allen Colley v. State of Indiana (mem. dec.)
71A05-1501-CR-40
Criminal. Affirms convictions of strangulation and criminal confinement, both Class D felonies.
In re the Paternity of William D. Anderson, III; Gierly Perrigo Ingco v. William D. Anderson, Jr. (mem. dec.)
29A05-1504-JP-161
Juvenile paternity. Affirms denial of Ingco’s motion for relief from paternity decree.
Dena Alfayyad v. U.S. Bank National Association as Trustee for RESC2007K3 (mem. dec.)
29A02-1503-MF-175
Mortgage foreclosure. Reverses the dismissal under Trial Rule 41(E). Finds Hamilton Superior Court lacked jurisdiction because Alfayyad had an appeal pending in the Indiana appellate courts.
A.R. v. Review Board of the Indiana Department of Workforce Development and Housing Authority of the City of Kokomo (mem. dec.)
93A02-1411-EX-800
Civil. Affirms the denial of Riley’s claim for unemployment compensation benefits on the basis she had teen terminated from her job for just cause.
Fabian Cruz v. State of Indiana (mem. dec.)
71A03-1501-CR-26
Criminal. Affirms conviction of battery with a deadly weapon, as a Level 5 felony.
Opinions Aug. 7, 2015
7th Circuit Court of Appeals
The following opinion was posted after IL deadline Thursday
United States of America v. Jeffrey P. Taylor
14-3790
Appeal from the U.S. District Court, Northern District of Indiana, Hammond Division
Judge Rudy Lozano
Criminal. Vacates sentence for Taylor convicted in 2007 of attempted transferring obscene materials to minors and remands to the District Court to remove a special condition of probation barring Taylor from viewing otherwise legal adult pornography. Taylor must make all Internet-accessible devices available for inspection without reasonable suspicion. A ban on contact with minors is overly broad. Judge David Hamilton concurred in part but dissented on lifting the pornography ban, finding no abuse of discretion. Judge Frank Easterbrook concurred separately to cite jurisdictional conflicts.
Pawnshop owner not victim of prosecutorial misconduct
A prosecutor’s comments to a witness about what would have been helpful did not shift the burden of producing evidence onto the defendant, the Indiana Court of Appeals has ruled.
Indiana county’s courthouse tower tree gets checkup
Checking on the health of a tree growing from the courthouse clock tower in southeastern Indiana's Decatur County was among the reasons crews dangled from a crane to inspect the 154-year-old building in Greensburg this week.
Sex offender wins right to view legal adult porn
A man convicted for obscene webcam conduct shared with someone posing as a 13-year-old girl nearly a decade ago may view legal pornography, the 7th Circuit Court of Appeals ruled in a three-way opinion Thursday.
Guilty plea stands despite ineligibility for habitual charge
Although a man was wrongly charged as a habitual substance offender, the Indiana Court of Appeals determined the facts do not support his claim that his counsel was ineffective and he did not knowingly enter a guilty plea.
Indiana medical company sued over data breach
Two lawsuits have been filed in federal court in Fort Wayne seeking class-action status on behalf of patients who have had their data compromised by Medical Informatics Engineering.
Reversal: VORP cannot be ordered in sentence
The Indiana Court of Appeals ruled Friday that offenders may not be ordered to participate in the Victim-Offender Reconciliation Program, reversing a sentence and remanding to the trial court for a restitution hearing.
Hamilton Southeastern Utilities gets partial Tax Court win
The sewer utility serving fast-growing Fishers won a partial victory on its appeal of a tax on connection fees, but the Indiana Tax Court didn’t fully rule in favor of Hamilton Southeastern Utilities.