Plans outline charter schools at juvenile detention centers
An Indianapolis organization has proposed creating a charter school at juvenile detention centers statewide.
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COA splits over railroad benefits in divorce case
A trial court erred in ordering a man’s future railroad retirement benefits subject to a division of marital assets in a divorce case, a divided panel of the Indiana Court of Appeals ruled Monday.
Indiana team that raided Fogle’s home used mobile laboratory
When they arrived at Jared Fogle’s home last month, law enforcement officials were armed with more than a search warrant.
Maternity leave not excusable neglect for bank, but remand ordered
Huntington Bank failed to convince the Indiana Supreme Court that an overlooked notice in a mortgage foreclosure case was excusable neglect because the person who normally handled such notices was on maternity leave.
Opinions Aug. 21, 2015 ILD
Percy Lee Blake v. State of Indiana (mem. dec.)
45A05-1412-CR-563
Criminal. Affirms order of restitution.
Matthew Flowers v. State of Indiana (mem. dec.)
79A05-1501-CR-20
Criminal. Affirms convictions of burglary, residential entry and theft.
Floyd Kinslow v. Dennis Coddington, Travis Sheets and Gina Sheets (mem. dec.)
12A02-1502-CT-106
Civil tort. Affirms grant of summary judgment in favor of Travis and Gina Sheets and denial of Kinslow’s motion for partial summary judgment.
Antwon Davis v. State of Indiana (mem. dec.)
02A04-1501-CR-6
Criminal. Affirms revocation of probation.
James Pollard v. Michael Pence, as Governor of the State of Indiana, Bruce Lemmon, as the Comm. of the Ind. Dept. of Corr., and the Ind. Parole Board (mem. dec.)
49A02-1411-MI-805
Miscellaneous. Affirms denial of a petition for writ of mandamus.
Opinions Aug. 21, 2015
Indiana Supreme Court
In Re the Involuntary Term. of the Parent-Child Relationship of K.E., a Minor Child, and His Father, J.E., and His Mother, S.S. v. Ind. Dept. of Child Services
82S04-1508-JT-491
Juvenile. Reverses termination of parental rights of J.E. to his son, K.E. Finds although J.E. is currently incarcerated, he has taken steps to improve himself, address his drug addiction and bond with his child. Concludes the evidence is not sufficient to support the reasonable probability that the conditions that led to K.E.’s removal are unlikely to be remedied or that J.E. poses a threat to the child.
Supreme Court reverses termination of father’s parental rights
A man serving a 10-year sentence for dealing in methamphetamine, neglect of a dependent and maintaining a common nuisance is being given the opportunity to show he has changed.
Tax court reaffirms ruling against Grant County assessor
The Indiana Tax Court on Friday reaffirmed its ruling that a company received insufficient notice of a retroactive assessment of its property in Grant County.
Law school deans excited about Class of 2018
At the University of Notre Dame Law School, Dean Nell Jessup Newton bet on the “summer melt” but ended up losing to Assistant Dean for Academic and Student Affairs Kevin O’Rear.
Law barring convicted sex offenders from schools challenged
An Indiana man is challenging a new state law that bars certain convicted sex offenders from entering schools, arguing it can impair the right to vote.
Study: Child sexual assault ‘far too common’ in Indiana
A report by the Global Health Communication Center at Indiana University-Purdue University Indianapolis states that adolescent sexual assault is “far too common” in the state.
Florida woman says she secretly recorded Fogle
A Florida woman says former Subway pitchman Jared Fogle of Zionsville told her years ago about his interest in having sex with minors and that she went to authorities who told her to record the conversations.
Authorities arrest Pulaski County deputy coroner
Authorities in Pulaski County have arrested and charged a chief deputy coroner on preliminary charges of theft and official misconduct.
Father who moved before divorce retains custody
The Indiana Court of Appeals Friday affirmed a trial court’s custody order in favor of a father who moved to Arizona, then California, before his wife filed for divorce.
Andy Mohr Truck Center wins $6.5M judgment against Volvo
A federal jury has slapped Volvo Trucks North America with a $6.5 million judgment, a stinging rebuke of its business dealings with Andy Mohr Truck Center, the franchisee the Swedish company signed on in 2010 to grow its market share here.
Opinions Aug. 20, 2015 ILD
Indiana Court of Appeals
Emily Duncan v. State of Indiana (mem. dec.)
67A01-1503-PC-102
Post conviction. Affirms denial of Duncan’s petition for post-conviction relief.
Demetrius Buntin v. State of Indiana (mem. dec.)
70A01-1501-CR-20
Criminal. Affirms conviction of dealing in cocaine, a Class A felony. Reverses convictions of possession of cocaine in excess of 3 grams, a Class C felony, and possession of cocaine and a firearm, a Class C felony. Finds the Class C felony convictions violated double jeopardy principles.
Daquion L. Shears v. State of Indiana (mem. dec.)
02A05-1501-CR-31
Criminal. Affirms revocation of probation.
Emery D. Scruggs v. State of Indiana (mem. dec.)
48A04-1412-CR-562
Criminal. Affirms revocation of probation.
In re the paternity of T.M. T.M., by next friend, Jeffrey D. Drinkski, Newton County Prosecuting Attorney and L.M. v. D.H. (mem. dec.)
56A03-1409-JP-324
Juvenile paternity. Affirms modification of physical custody of T.M. to his father, D.H.
Eddie Wilkerson v. Robert R. Carr and Lawyer Transport, Inc. (mem. dec.)
29A05-1410-CT-490
Civil tort. Affirms jury verdict in favor of the defendants. Jury concluded Wilkerson was 60 percent at fault for the collision and the defendants were 40 percent at fault.
In Re the Termination of the Parent-Child Relationship of: E.B. (a Minor Child) and B.H. (Father) v. Ind. Dept. of Child Services (mem. dec.)
21A01-1501-JT-37
Juvenile. Affirms termination of parental rights of B.H. to his daughter, E.B.
Maurice Knight v. State of Indiana (mem. dec.)
27A02-1411-CR-816
Criminal. Affirms conviction and two-and-a-half-year sentence for attempted obstruction of justice, a Level 6 felony.
Family Dollar Stores of Indiana, L.P., Family Dollar Holdings, Inc., and Baugo Creek Realty, LLC v. Charissa A. Heeter, Anthony P. Heeter et al (mem. dec.)
71A04-1412-CT-569
Civil tort. Affirms denial of summary judgment motion filed by Family Dollar. Heeters filed a negligence complaint after a driver lost control of his car and crashed through the Family Dollar in South Bend, injuring shoppers. COA finds retailer did not meet the initial burden of demonstrating the absence of any genuine issue of fact as to foreseeability.
Opinions Aug. 20, 2015
7th Circuit Court of Appeals
The following opinion was filed after IL deadline Wednesday:
Jeffrey Allen Rowe v. Monica Gibson, et al.
14-3316
Appeal from the U.S. District Court, Southern District of Indiana, Indianapolis Division
Judge Sarah Evans Barker
Civil. Affirms in part, reverses in part and remands. Affirms summary judgment in favor of prison defendants on most claims of deliberate indifference to inmate Rowe’s claim of pain for being denied Zantac to treat esophageal reflux, but reverses as to Dr. William Wolfe, a contract physician at the Department of Correction. Also reverses summary judgment in favor of two defendants on Rowe’s claim of retaliation. Judge Richard Posner wrote for the majority joined in a separate concurrence by Judge Ilana Rovner that the District Court erred in granting summary judgment on those it reversed, finding that Rowe’s claims of pain, the timeline of his inability to obtain Zantac and the limited Internet research the judge undertook substantiated disputes that could not be disposed on summary judgment. Judge David Hamilton would allow Rowe’s retaliation claims to proceed, but not his deliberate indifference claims. The majority’s independent research was “an unprecedented departure from the proper role of an appellate court” that “runs contrary to long-established law and raises a host of practical problems the majority fails to address,” Hamilton wrote.
R.R. Donnelly loses appeal over shipping pallet taxes
A company’s purchase of shipping pallets is subject to Indiana use tax according to a ruling of the Indiana Tax Court issued Thursday.
Prisoner’s Zantac lawsuit gives federal judges heartburn
An Indiana inmate’s lawsuit claiming prison staff showed deliberate indifference in denying him Zantac to treat a known esophageal reflux condition erupted in a war of words between two 7th Circuit Court of Appeals judges.
COA upholds human trafficking conviction
The Indiana Court of Appeals took a plain reading of state statute to counter a defendant’s argument that the state had to prove intent in order to sustain a conviction of attempted promotion of human trafficking.