Pot-smoking Indianapolis church sues over marijuana laws
A pot-smoking church sued the city of Indianapolis and state of Indiana on Wednesday, claiming laws against possession and use of marijuana infringe on its religious beliefs.
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Ohio judge wants to know if he can refuse gay weddings
A judge who refused to marry a same-sex couple said on Wednesday that he wants to know if he can skip out of performing gay weddings altogether.
US to make marriage benefits available to gay couples
Attorney General Loretta Lynch says the government will make federal marriage benefits available to same-sex couples following a Supreme Court of the United States decision last month that legalized same-sex marriage.
Opinions July 8, 2015 ILD
Indiana Court of Appeals
Anthony Furlani v. State of Indiana (mem. dec.)
49A02-1412-CR-830
Criminal. Affirms aggregate sentence of 35 years for four counts of child molestation as Class A felonies and three counts of child molestation as Class C felonies.
Jamie Johnson v. Courtney Johnson (mem. dec.)
88A01-1409-DR-406
Domestic relation. Affirms final dissolution decree. Finds any error in failing to explain a deviation from a 50/50 division of remaining property was harmless. Also rules trial court did not abuse its discretion in refusing to order Courtney Johnson to pay attorney fees to Jamie Johnson.
Kyle Beals v. State of Indiana (mem. dec.)
49A02-1411-PC-776
Post conviction. Affirms denial of petition for post-conviction relief.
Eric L. Carter v. State of Indiana (mem. dec.)
63A01-1412-CR-527
Criminal. Affirms 12-year sentence for possession of a firearm by a serious violent felon, as a Class B felony.
Anteis Robinson v. State of Indiana (mem. dec.)
49A04-1411-CR-536
Criminal. Affirms conviction of resisting law enforcement, as a Class A misdemeanor.
Rumaldo M. Juarez v. State of Indiana (mem. dec.)
29A04-1410-CR-508
Criminal. Affirms convictions of Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor.
Christopher Rehtorik v. Jamie Rehtorik (mem. dec.)
64A03-1411-DR-402
Domestic relation. Affirms trial court’s determination that Jamie Rehtorik was entitled to claim minor child on her 2012 federal and state tax returns and affirms denial of Christopher Rehtorik’s motion for rule to show cause. Also affirms order for Christopher Rehtorik to pay $6,000 of Jamie Rehtorik’s attorney fees. Declines Jamie Rehtorik’s request for appellate attorney fees.
Christopher J. Wilson v. State of Indiana (mem. dec.)
79A02-1411-CR-791
Criminal. Affirms 13-year sentence for pleading guilty to sexual misconduct with a minor, a Class B felony.
Mohammed Nadeem v. Shahidatul Abubakar (mem. dec.)
02A04-1407-DR-343
Domestic relation. Affirms order dissolving marriage. Finds trial court did not abuse its discretion in choosing a valuation date for certain marital assets or in failing to consider the fund Nadeem had received from his family as marital debt. Also rules trial court did not abuse its discretion in awarding 60 percent of the marital estate to Abubakar or in ordering Nadeem to pay $14,000 in Abubakar’s attorney fees. Judge Margret Robb concurs in result without opinion.
Kenneth Cushingberry v. State of Indiana (mem. dec.)
49A02-1410-CR-724
Criminal. Affirms one-year sentence for convictions of theft, as a Class A misdemeanor, and possession of marijuana, as a Class B misdemeanor.
Cindy Brothers, As Personal Representative of the Estate of Kristopher Stately, Deceased, Alicia Arnold and Tiffany Arnold v. Lake Holiday Enterprises, Inc. (mem. dec.)
37A03-1410-CT-347
Civil tort. Affirms summary judgment in favor of Lake Holiday on Alicia and Tiffany Arnold’s bystander claims of negligent infliction of emotional distress. Finds its reversal of summary judgment on the remaining claims remains appropriate.
Allen E. Wilson v. Amy L. Wilson (mem. dec.)
34A02-1410-DR-754
Domestic relation. Affirms trial court’s denial of Allen Wilson’s post-judgment requests for further discovery and exclusion of husband’s $36,815 advance from the marital estate. Reverses trial court’s inclusion of four race cars in the marital estate and the valuation of the 2002 Corvette. Remands with instructions that the trial court include only the $7,500 Outlaw in the marital estate and value the 2002 Corvette at $19,000.
Opinions July 8, 2015
7th Circuit Court of Appeals
Choice Hotels International, Inc. v. Anuj Grover, Arjun Grover and Dharam Punwani
14-3294
Appeal from the U.S. District Court, Northern District of Indiana, Hammond Division;
Judge Joseph S. Van Bokkelen
Civil. Affirms denial of motion for relief from judgment. Finds the investors cannot have the judgment set aside because their attorney failed to protect their interests. Instead they should seek remedy through a malpractice action.
COA finds lease payments are part of Trust
Siblings trading motions over their deceased father’s estate got multiple denials from the trial court.
COA: Declaratory judgment wrongly denied in malpractice case
A trial court wrongly denied a plaintiff’s motion for a declaratory judgment arising from an inability to select a panelist to review a malpractice dispute on behalf of a woman who died after a stroke.
Lilly, partner sue Lupin over generic testosterone
Indianapolis-based Eli Lilly and Co. and Acrux DDS Pty Ltd. have filed a lawsuit against Lupin Pharmaceuticals Inc. for alleged infringement of patents that cover the testosterone treatment Axiron.
ATF agent found no bomb evidence at house explosion
An agent for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives told jurors he found no evidence of a destructive device or bomb at a 2012 explosion that devastated an Indianapolis neighborhood, killing two.
Indiana law applies to truck fatality, COA rules
A family’s attempt to apply Illinois law in an Indiana traffic fatality failed to overcome state court precedent, which has established that laws of the state where an accident happened govern the conduct of the parties.
Lender in foreclosure gets tax refund, COA rules in reversal
A $307,193 property tax refund received by owners of industrial property in Marion County was wrongly awarded to borrowers who had defaulted on a mortgage on the property, the Indiana Court of Appeals ruled Wednesday.
Adoption reversed: Putative father wrongly denied genetic testing
A child born to a married couple who placed the newborn for adoption may have had a different father, and a trial court erred in denying his requests for genetic testing that could have given him standing to contest the adoption, the Court of Appeals ruled Wednesday.
Court rules litigants are responsible for lawyers ‘asleep on the job’
Although the 7th Circuit Court of Appeals agreed the party of investors did have a “poor lawyer,” the panel declined to overturn the nearly $450,000 judgment against them, saying “legal bungling … does not justify reopening a judgment.”
Ex-cop snared in drug, conspiracy sting loses appeal
A former Indiana police officer sentenced to 40 years in prison after he transferred guns and agreed to protect a cocaine shipment in a sting operation lost his federal court appeal.
Supreme Court appoints Valpo law professor to rules committee
Valparaiso University School of Law professor Del Wright Jr. has been appointed to the Indiana Supreme Court Committee on Rules of Practice and Procedure.
Indiana attorney general asserts state laws in national data breach debate
Warning that a national data breach law would “make consumers less protected,” Indiana Attorney General Greg Zoeller has joined 46 other state and territorial attorneys general in asking Congress to preserve states’ ability to respond to cyber theft.
Agents testify insurance was increased before home explosion
Insurance agents say the girlfriend of a man accused of blowing up an Indianapolis house nearly doubled the coverage for the contents of her home 11 months before the explosion that killed two neighbors.
Opinions July 7, 2015 ILD
Indiana Court of Appeals
Peter D. Nugent v. Phyllis N. Nugent (mem. dec.)
49A04-1410-DR-466
Domestic relation. Affirms denial of Peter Nugent’s petition to modify child support. Also affirms awarding Phyllis Nugent attorney fees in the amount of $3,000.
Clemmeth and Janis Leach v. State of Indiana (mem. dec.)
55A01-1410-CR-443
Criminal. Affirms judgment of trial court ordering the Leaches to pay $45,238.01 in restitution to Patton Park, a lake community in Morgan County.
Scott Huy v. State of Indiana (mem. dec.)
15A01-1410-CR-465
Criminal. Affirms conviction for dealing in cocaine or narcotic drug, a Class A felony, and 40-year sentence, enhanced by 30 years for being a habitual offender. Remands so trial court may correct judgment to reflect that Huy is serving an enhanced, rather than a consecutive, sentence.
Herbert Cox III v. The State of Indiana (mem. dec.)
45A03-1501-CR-38
Criminal. Affirms denial of Cox’s petition to modify his seven-year sentence, all to be served in the Indiana Department of Correction. The sentence was imposed after Cox pleaded guilty to Class C felony habitual traffic violator.
John Wesley Kimbrough, Jr. v. State of Indiana (mem. dec.)
45A03-1501-CR-18
Criminal. Affirms Kimbrough’s 17-year sentence after he pleaded guilty to Class B felony aggravated battery.
Vincent D. Quarles Jr. v. State of Indiana (mem. dec.)
34A02-1412-CR-871
Criminal. Affirms Quarles’ conviction of Class B felony aggravated battery for shooting a victim in the face during a fight outside a Kokomo bar. Finds the evidence is sufficient to rebut Quarles’ self-defense claim.
Scott Meisberger, d/b/a Meisberger Construction v. D. Brent Hanger and Gregory Bishop d/b/a H & B Enterprises, Inc. (mem. dec.)
40A01-1410-CC-453
Civil collection. Reverses judgment in favor of H & B and remands with instructions to enter judgment in Meisberger’s favor in the amount of $29,163.48. Finds Hanger and Bishop offered no evidence supporting their contentions that they had paid Meisberger in full.
Who gets the notes? The ABA sides with firms
Clients may come and clients may go, but until now it hasn’t been entirely clear who gets the documents, as well as the notes and drafts, when a client decides to change attorneys.
Opinions July 7, 2015
Indiana Court of Appeals
Bryan A. Cox v. State of Indiana
27A02-1412-CR-599
Criminal. Affirms 15-year aggregate executed sentence for Class B felony dealing cocaine and adjudication as a habitual offender. The doctrine of amelioration does not apply to Cox’s habitual offender sentence enhancement. Cox argued that he should have been sentenced under a more lenient amended habitual offender statute effective July 1, 2014, but his crime occurred before this, and the Legislature clearly did not intend for the doctrine of amelioration to apply to the amended statute.