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Opinions Aug. 31, 2015

7th Circuit Court of Appeals
Michael A. Kelley v. Greg Zoeller, Indiana Attorney General
14-2961
Appeal from the U.S. Court for the Northern District of Indiana, Hammond Division
Judge Theresa L. Springmann
Affirms the District Court’s dismissal for lack of jurisdiction of Kelley’s suit alleging that under a plea deal struck in a robbery case in 1975, his conviction should have been expunged. No expungement statute existed then, and Indiana courts have determined that Kelley waited too long to challenge the 1975 robbery conviction.

Admitting evidence of ‘signature’ crime was harmless error

The Indiana Court of Appeals on Monday affirmed the conviction of a man who broke into a woman’s home, severely beat her and attempted to rape her. Evidence that the man looked into the window of another woman in the neighborhood 57 days later should not have been admitted at his trial, but the error was harmless in light of DNA evidence connecting the man to the crime.

COA affirms on rehearing ruling against revenue department

The Indiana Court of Appeals affirmed on rehearing Monday its opinion reversing summary judgment in favor of the Department of Revenue in a dispute over whether an award from a state agency in Marion County could be levied against a judgment in Marshall County.

Valpo ex-attorney Holesinger gets 10 years

Former Valparaiso attorney Clark Holesinger has been sentenced to 10 years in federal prison and ordered to pay nearly $1 million in restitution to clients he defrauded.

7th Circuit affirms judgment for school in bullying case

A federal lawsuit brought against northwestern Indiana school corporations over a child’s alleged bullying was properly decided in favor of the schools on summary judgment, the 7th Circuit Court of Appeals ruled Tuesday.

COA ceremonies set for Friedlander and Altice

Ceremonies have been announced for judges transitioning off and on the Indiana Court of Appeals. A retirement ceremony for Judge Ezra H. Friedlander is scheduled for 2:30 p.m. Thursday in the Indiana Supreme Court courtroom. Chief Judge Nancy H. Vaidik will preside.

Kentucky taxpayers owe $2.3 million in fees in same-sex marriage case

Attorneys who successfully challenged Kentucky’s ban on same-sex marriage have submitted a bill for more than $2 million in legal fees, court costs and related expenses. The state of Kentucky, as the losing party in the case, gets stuck with the tab under federal civil-rights law.

Proposal would double salary threshold for exempt employees

Employment attorneys and their clients large and small are scrambling to find ways to deal with a likely change in federal regulation that could more than double the earnings threshold for workers classified as exempt from overtime.

Law professor’s book spotlights service workers’ fight for unions

Indiana University Robert H. McKinney School of Law professor Fran Quigley’s book, “If We Can Win Here: The New Front Lines of the Labor Movement,” examines how the push for higher wages and better working conditions is playing out in the very red Hoosier state.

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IndyBar: Around the Bar

Members of the bar mingled with trial and appellate-level judges from local, state and federal courts at the Indy Attorneys Network section’s annual “At the Bar with the Bench” event on Thursday, August 20.

IndyBar: Scholarship Available to Health Law Conference

The Indianapolis Bar Association Health Care & Life Sciences Section is pleased to announce it is offering scholarships for the American Health Lawyers Association Fundamentals of Health Law Conference, November 15-17, 2015, in Chicago.

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.