Despite rebuke, Court of Appeals tosses default judgment
A defendant who consistently failed to appear for scheduled hearings in small claims court gained a reprieve, but with an admonishment, from the Indiana Court of Appeals.
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Opinions July 6, 2015 ILD
July 6, 2015
Indiana Court of Appeals
Elmer Bryant v. State of Indiana (mem. dec.)
71A03-1411-CR-415
Criminal. Affirms convictions of theft and auto theft as Class D felonies. Remands with instructions that the habitual offender sentence enhancement be imposed on the auto theft conviction.
Richard Jones v. State of Indiana (mem. dec.)
49A04-1411-CR-511
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement, finding evidence was insufficient to prove that a police officer had reasonable suspicion to order Jones to stop as he walked away.
Ronald Lambert v. State of Indiana (mem. dec.)
25A03-1412-CR-462
Criminal. Affirms 15-year executed sentence for conviction of Class B felony dealing in a Schedule II controlled substance.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of C.W., Minor Child, and his parents, B.S. and Ch.W. v. Indiana Department of Child Services (mem. dec.)
18A02-1501-JT-163
Juvenile. Affirms termination of parental rights.
Opinions July 6, 2015
7th Circuit Court of Appeals
Corre Opportunities Fund, LP, et al., v. Emmis Communications Corp.
14-1647
Civil. Affirms ruling against Corre on a complaint that Emmis owed some $34 million in unpaid dividends to owners of preferred stock in the company. Under Indiana’s unique law allowing corporations to vote their shares, Emmis had authority to vote shares that the preferred stock owners claimed were outstanding.
ICJI crime victim grant application process now open
Organizations that assist victims of crime now may apply for grants from a larger-than-ever pool of available money, the Indiana Criminal Justice Institute announced.
Convenience stores win one, lose one in property assessment battle
In a pair of decisions, the Indiana Tax Court has upheld two rulings that found different valuations for the same property.
In 3-2 decision, justices reinstate molestation conviction
A 3-2 decision of the Indiana Supreme Court on Thursday reinstated a Class A felony child molestation conviction that the Court of Appeals reversed because the defendant was denied opportunities to admit evidence.
7th Circuit affirms ruling for Emmis in unpaid-dividend suit
A ruling in favor of Emmis Communications in a federal lawsuit brought by owners of preferred shares in the company was affirmed Thursday by the 7th Circuit Court of Appeals.
AG announces settlement in dollar store merger
Indiana has joined 16 states in a Federal Trade Commission settlement as Dollar Tree Inc. prepares to acquire rival deep-discount store chain Family Dollar Stores Inc.
Opinions July 2, 2015 ILD
July 2, 2015
Indiana Court of Appeals
David Butler v. State of Indiana (mem. dec.)
49A05-1309-CR-431
Criminal. Affirms convictions of two counts each of Class C felony robbery and Class D felony official misconduct.
Opinions July 2, 2015
7th Circuit Court of Appeals
The following opinions were issued after IL deadline Wednesday.
U.S.A. v. Willie J. Harris
14-1846
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Philip P. Simon
Criminal. Affirms convictions of fraud, conspiracy to commit fraud with identification documents, production and trafficking in counterfeit devices, and aggravated identity theft. Finds a notebook taken from Harris’ truck was admissible at trial and the evidence was sufficient to support his convictions. Also finds the District Court did not err in applying sentencing enhancements.
Celebrate America!
In observance of Independence Day, IL Daily will not publish July 3. IL Daily will resume on Monday, July 6. Enjoy a save and happy July 4th holiday!
7th Circuit rejects second challenge at ACA contraception mandate
The 7th Circuit Court of Appeals has again rejected a college’s argument against having to give notification that it does not want to provide coverage for contraceptives as required under the Affordable Care Act.
Firefighter allegedly targeted with noose sues ex-official
A black Marion firefighter whose wife belongs to the family of a lynching victim has filed a federal lawsuit against an assistant fire chief who allegedly tied a rope into a noose.
Key Indianapolis home blast witness tells of failed tries
An Indianapolis woman whose house exploded, killing two people, testified Wednesday during her former boyfriend’s trial in South Bend that he was determined to burn the home down for insurance money and became angry when the first two attempts failed.
Notebook found in car falls under Fourth Amendment exception
A notebook taken from a vehicle during an investigation of an identity-theft scheme was admissible at trial even though police did not have a search warrant, the 7th Circuit Court of Appeals has ruled.
Appeals court reverses denial of Fortville annexation
The town of Fortville’s effort to annex more than 600 acres was wrongly blocked by a trial court, the Indiana Court of Appeals ruled Thursday, sending the matter back for further proceedings.
7th Circuit slams lawyer, sets new law on fees
An Indianapolis attorney who appealed a class-action lawsuit seeking a share of his clients’ compensation on top of a statutory award of fees was called out by the 7th Circuit Court of Appeals, which denied his appeal and affirmed the judgment of the U.S. District Court for the Southern District of Indiana.
Hundreds of new laws take effect July 1
Many of the new laws enacted during the 2015 legislative session take effect July 1. View a complete listing of the bills enacted here. For information on specific laws, visit the General Assembly's webpage at iga.in.gov.
Unambiguous contract means lower commission for employee
The 7th Circuit Court of Appeals tossed a jury’s award of $1.5 million, finding the terms of the employee’s incentive plan were unambiguous and the trial was unnecessary.
Divided justices deny State Fair stage collapse appeal
Victims who contested a settlement after the 2011 Indiana State Fair stage collapse failed to persuade a majority of Indiana Supreme Court justices to hear their appeal.