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The Indiana Court of Appeals overturned a woman’s misdemeanor disorderly conduct conviction, which was based on her comments to police that she was pulled over because she was black, finding the comments were political in nature.
A panel on the Indiana Court of Appeals concluded Thursday that neither of two men who petitioned in late 2013 to have their 1997 sentences modified are entitled to a modification, but the judges’ reasoning for the denials differed.
Anderson Mayor Kevin Smith lost his appeal of the finding that he is not entitled to qualified immunity regarding all of the fired government workers involved in a lawsuit alleging their discharges violated the First Amendment.
Indiana Court of Appeals
Gumwood HP Shopping Partners, L.P. v. Simon Property Group, Inc. (mem. dec.)
71A05-1408-CT-397
Civil tort. Affirms grant of Simon’s motion to dismiss and the denial of Gumwood’s motion to amend in a dispute over a lease involving Ann Taylor.
In the Matter of the Termination of the Parent-Child Relationship of: L.G. (Minor Child) and D.G. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
49A02-1412-JT-841
Juvenile. Affirms termination of parental rights.
7th Circuit Court of Appeals
United States of America v. Pascal Sylla
14-2813
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms 2013 conviction of attempted bank robbery stemming from an attempted robbery in 2003. Sylla’s DNA was matched to the crime scene in 2010, thus making his conviction not outside the statute of limitations.
The 7th Circuit Court of Appeals disagreed with a defendant who claimed the federal DNA tolling statute is unconstitutional as applied to him. The man was convicted in 2013 of attempting to rob an Anderson bank in 2003, thanks to a positive identification in 2010 using DNA collected at the crime scene.
An Indiana judge has denied a mistrial in the case of a man accused of rigging a deadly Indianapolis house explosion. The defendant's attorneys raised concerns about miscalculations by a witness.
The Supreme Court of the United States said people who file housing-discrimination lawsuits don’t have to show they were victims of intentional bias, in a blow to lenders and insurers and a surprise legal victory for the Obama administration.
The Supreme Court of the United States on Thursday upheld the nationwide tax subsidies under President Barack Obama's health care overhaul, in a ruling that preserves health insurance for millions of Americans.
Authorities have captured a Florida woman wanted on charges alleging she plotted to kill a suburban Indianapolis divorce attorney seeking money from her boyfriend.
It’s been almost 30 years since Working Mother magazine coined the term “work-life balance.” Since then, men as well as women have increasingly sought ways to practice law without the grueling hours.
The following opinions were posted after IL deadline Tuesday:
Indiana Court of Appeals
Centier Bank as Trustee of Trust Number 1865 v. Wintering, LLC (mem. dec.)
45A03-1410-MI-354
Miscellaneous. Affirms grant of tax deeds to Wintering LLC.
Shawn L. Elam v. State of Indiana (mem. dec.)
15A01-1411-CR-489
Criminal. Affirms 4-year sentence for Class D felony domestic battery with a child present and Class D felony neglect of a dependent.
Margaret Gerovac v. City of Valparaiso, Indiana, and Trinity Lutheran Church of Valparaiso (mem. dec.)
64A05-1404-PL-195
Civil plenary. Affirms summary judgment for the city and the church on Gerovac’s negligence claims.
Centier Bank as Trustee of Trust Number 1865 v. Wintering, LLC (mem. dec.)
45A03-1410-MI-354
Miscellaneous. Affirms grant of tax deeds to Wintering LLC.
Wednesday’s opinions
Indiana Court of Appeals
Joshua Brazzel v. State of Indiana (mem. dec.)
47A05-1411-PC-524
Post conviction. Affirms denial of petition for post-conviction relief.
Henry Swanigan v. Founders Insurance Company and Ronnie Watson (mem. dec.)
49A04-1408-CT-371
Civil tort. Affirms summary judgment in favor of Founders Insurance on Swanigan’s complaint for damages.
Steven B. Pollard v. State of Indiana (mem. dec.)
53A04-1411-CR-519
Criminal. Affirms revocation of placement in home detention and orders Pollard serve the balance of his sentence in the Department of Correction.
Kylie Lin Jenks v. State of Indiana (mem. dec.)
22A04-1411-CR-522
Criminal. Affirms sentence for Class B felony conspiracy to commit arson.
Indiana Supreme Court
In the Matter of: Bradley D. Hamilton
49S00-1412-DI-752
Discipline. Disbars Hamilton for abandoning his law practice and clients, stealing their money, and fleeing to Australia. Finds he violated eight rules of Professional Conduct.
A northern Indiana attorney who stole trust account funds belonging to his former law partner and that partner’s clients, and embezzled hundreds of thousands of dollars from a receivership, has been disbarred by the Indiana Supreme Court.
A Kokomo attorney who took nearly $60,000 from clients but never completed their legal matters – and later abruptly abandoned his law practice to move to Australia – has been disbarred by the Indiana Supreme Court.
An exception contained in the city of Indianapolis’ no-smoking ordinance for satellite facilities is unconstitutional and invalid, the Indiana Court of Appeals ruled Wednesday.
An Evansville man suing the city for enforcing a local law prohibiting firearms in public parks is not effectively bringing a tort claim, as the city argued in its motion on the pleadings. The Court of Appeals affirmed denial of the city’s motion, finding the claim is being brought pursuant to I.C. 35-47-11.1-5, which creates a private right of action for individuals to enforce that statute’s provisions.
Finding several things “wrong” with a woman’s lawsuit against a credit reporting agency, the 7th Circuit Court of Appeals affirmed summary judgment in favor of the company on her lawsuit alleging violations of the Fair Credit Reporting Act.
The Indiana Tax Court has ruled in favor of a company that operates 19 Qdoba Mexican restaurants in Indiana on its request that electricity used to power certain equipment is not subject to Indiana sales tax.
Attorney Larry L. Morris will succeed Steve Lancaster as the new court administrator for the Indiana Court of Appeals, effective October 1, the court announced Wednesday. Lancaster will retire in September after 20 years with the court.