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The mother of a Fort Wayne public school student may proceed without identifying herself in a federal lawsuit claiming the second-grader was ostracized and shamed by a teacher because he told a classmate who inquired about his faith that he didn’t believe in God. The mother said identifying herself would disclose her son’s name, subjecting him to further harm and public criticism.
Officials in the northern Indiana city of Goshen have decided to put off voting on a proposal expanding anti-discrimination protections to include sexual orientation and gender identity.
A Porter County man won his argument that his insurer’s acceptance of a late payment kept his homeowners coverage in force, after which a garage fire caused damage exceeding $80,000. Now, the insurer also may have to pay bad-faith and punitive damages.
A man who was convicted of two felonies for injecting himself with methamphetamine should not have been convicted of unlawful possession of a syringe, because it’s unclear whether meth qualifies as a legend drug, a Court of Appeals panel ruled Tuesday.
A Marion County judge who described the testimony to jurors as “heartfelt” did not overstep the prohibition against the judiciary acting as a witness.
7th Circuit Court of Appeals
Louise Milan v. Billy Bolin, in his individual capacity as Evansville Police Department Chief, et al.
15-1207
Appeal from the U.S. District Court, Southern District of Indiana, Evansville Division
Judge William Lawrence
Civil. Affirms denial of summary judgment in favor of the Evansville police defendants on Louise Milan’s claim of excessive use of force resulting from a SWAT team raid on her house initiated with the use of flash-bang grenades. Denial of the defendants’ motion for summary judgment is reasonable considering the use of flash bangs, the skimpy basis for the search and its prematurity, and the failure to conduct a more extensive investigation.
The National Association for Law Placement’s new analysis of the job market heralded the first rise in the employment rate in eight years for new law school graduates. However, the uptick comes with two caveats – the method for measuring employment has been tweaked which could be contributing to the better rate and the small size of the 2014 class provides an improved jobs rate despite a lower actual number of jobs secured.
Media liaisons and judicial spokespeople from around the United States are in Indianapolis for the 2015 annual meeting of the Conference of Court Public Information Officers Aug. 3 – 5. This is the first time the conference has visited Indiana.
Evansville police “committed too many mistakes to pass the test of reasonableness” in a bungled home search and are not shielded from a federal excessive force lawsuit, the 7th Circuit Court of Appeals ruled Friday.
A rejection of a claimant’s application for disability is being remanded after the 7th Circuit Court of Appeals found the “abstruse signals” in the denial did not sufficiently explain the reasons for disregarding new evidence.
Problems have been fixed that led to about 2,100 work permits being mistakenly awarded under President Barack Obama's executive immigration action after a federal judge in Texas had put the plan on hold, the Justice Department said in newly filed court documents.
The NCAA was given a respite Friday when the 9th U.S. Circuit Court delayed the implementation of possible payments to athletes for the use of their names, images and likenesses.
Vanderburgh County will officially install its new magistrate with a swearing-in and robing ceremony at 9:30 a.m. Aug. 3 in the Vanderburgh Circuit Court.
The Indiana Court of Appeals rejected the argument that the victim, who was shot multiple times and eventually did die, could not have made a dying declaration because paramedics repeatedly told him he would live.
Indiana on Thursday cleared Planned Parenthood facilities that perform abortions in the state of any wrongdoing in the handling of fetal tissue.
Indiana Court of Appeals
Todd Crane v. State of Indiana (mem. dec.)
15A04-1501-CR-9
Criminal. Affirms aggregate four-and-a-half year sentence for pleading guilty to battery, as a Class D felony; criminal mischief, as a Class D felony; resisting law enforcement, as a Class A misdemeanor; criminal trespass, as a Class A misdemeanor; criminal mischief, as a Class A misdemeanor; and inhaling toxic vapors, as a Class B misdemeanor. Vacates conviction for criminal mischief, finding the conviction violates the prohibition against double jeopardy. Remands with instructions.
Jonathan Diaz v. State of Indiana (mem. dec.)
29A02-1502-CR-112
Criminal. Affirms revocation of Diaz’s probation, ordering him to serve 490 days of the previous 550-day suspended sentence.
Zachary D. Reinders v. State of Indiana (mem. dec.)
02A04-1501-CR-12
Criminal. Affirms 70-year aggregate sentence for murder and Level 2 felony robbery.
Jason L. Caldwell v. State of Indiana (mem. dec.)
28A01-1501-CR-24
Criminal. Affirms 111-year executed sentence for murder and Level 1 felony rape.
Kenneth George Wolfe v. State of Indiana (mem. dec.)
49A02-1504-CR-219
Criminal. Affirms 281-year sentences for Wolfe’s five attempted murder convictions.
Eric L. Davis, Sr. v. State of Indiana (mem. dec.)
71A03-1403-PC-82
Criminal. Affirms denial of petition for post-conviction relief.
Eric Joya v. State of Indiana (mem. dec.)
49A02-1409-CR-606
Criminal. Affirms convictions for Class B felony child molesting and Class C felony child molesting.
In the Matter of the Term. of the Parent-Child Relationship of: O.Q., a Minor Child, L.Q. v. Ind. Dept. of Child Services (mem. dec.)
41A05-1412-JT-587
Juvenile. Affirms the termination of the parental rights of L.Q. (mother) over her child, O.Q.
Kenyon Sanders v. State of Indiana (mem. dec.)
49A05-1412-CR-576
Criminal. Affirms judgment of trial court that the evidence was sufficient to prove beyond a reasonable doubt that Sanders was the person who shot the victim.
Danny Bailey v. State of Indiana (mem. dec.)
82A01-1501-CR-28
Criminal. Affirms denial of post-conviction petition.
Christopher M. Knight v. State of Indiana (mem. dec.)
02A03-1501-CR-29
Criminal. Affirms three-year sentence after guilty plea to Class D felony domestic battery.
Jeremy Thompson v. State of Indiana (mem. dec.)
22A04-1411-CR-534
Criminal. Affirms conviction of dealing in a schedule I controlled substance, a Class A felony.
Indiana Supreme Court
The following opinion was posted after IL deadline Thursday
In Re the Visitation of L-A.D.W., R.W. v. M.D. and W.D.
82S01-1507-DR-452
Domestic. Affirms trial court grant of grandparent visitation, finding visitation in the child’s best interests and that the trial court did not abuse its discretion in setting a schedule it deemed occasional and temporary. Justice Steven David wrote the majority opinion joined by Justices Brent Dickson and Mark Massa. Chief Justice Loretta Rush concurred, but wrote separately to caution that a reliance upon deference to the trial court insufficiently protects a parent’s constitutional right to guide a child’s upbringing, but in this case, the visitation order did not unduly infringe on father’s parental rights. Justice Robert Rucker joined Rush’s concurring opinion.
An Indianapolis trial court abused its discretion by ordering a man convicted in a physical altercation with police to pay more than $27,000 in restitution despite a lack of evidence he caused injuries that resulted in those medical bills.
A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.
The Indiana legal profession will celebrate a pair of firsts July 31, as two of its own receive national honors.