COA strikes portion of Indy no-smoking ordinance
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.
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ITCA does not apply to lawsuit challenging local firearm law
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.
7th Circuit rejects woman’s suit that credit agency violated FCRA
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.
Electricity used by Qdoba restaurants in food prep not taxable, court holds
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.
COA senior law clerk to become court’s new administrator
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.
Gibson County sued over jail inmate’s death
The estate of an inmate who died in the Gibson County Jail last year has sued the county in federal court.
Clarksville Town Court reports breach of classified files
A southern Indiana court says it has notified the FBI, local police and the Indiana Supreme Court about a data breach that has exposed personal information of people involved in cases dating from 2005 and earlier.
Indianapolis house blast trial delayed for mistrial motion
A northern Indiana judge has put the trial of a man accused of rigging a deadly 2012 Indianapolis house explosion on hold so attorneys can prepare arguments on whether he should grant a mistrial because of a miscalculation of a witness who has yet to testify.
New-crime exception applies in Indiana
Tackling an issue of first impression, the Indiana Court of Appeals applied the new-crime exception under the exclusionary rule of the Fourth Amendment as well as under the Indiana Constitution.
COA split over company’s duty following propane accident
The Indiana Court of Appeals was divided Tuesday over whether a company that supplied a propane tank which was hooked up to a mobile home without the company’s permission owed a duty to a couple injured after an explosion in that home.
COA affirms father in contempt for not paying education expenses
The Indiana Court of Appeals affirmed the finding of a trial court that a daughter did not repudiate her father following a fall out over a car, so her father was required to continue paying her post-secondary educational expenses.
Inmate not entitled to revised sentence under amended statute
Although the recently amended sentence-modification statute now applies to an inmate seeking to revise his sentence, the Indiana Court of Appeals affirmed the denial of Ivan Vazquez’s petition due to untimely filing.
Opinions June 23, 2015 ILD
Indiana Court of Appeals
In re: the Estate of Robert F. Darter; Richard Darter v. Bernice T. Banks (mem. dec.)
79A05-1409-ES-453
Estate. Affirms sale of estate property.
Fritz Bernier v. State of Indiana (mem. dec.)
49A02-1410-CR-718
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct. Remands for trial court to correct Bernier’s name in the record.
One West Bank, FSB v. Jason Jarvis, Natalie Jarvis, Mortgage Electronic Registration Systems, Inc. As Nominee for American Mortgage Network, Inc., GE Money Bank, et al. (mem. dec.)
45A03-1501-MF-1
Mortgage foreclosure. Affirms $100,000 in sanctions against One West Bank.
Shepard to receive ABA John Marshall Award
Former Indiana Chief Justice Randall T. Shepard, the longest-serving chief justice in Indiana, is the recipient of the 2015 John Marshall Award, named after the longest-serving chief justice of the Supreme Court of the United States.
Opinions June 23, 2015
The following 7th Circuit Court of Appeals opinion was posted after IL deadline:
John W. Perotti v. Diane Quinones and Billie Kelsheimer
14-229
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Civil. Affirms District Court’s denial of Perotti’s petition of habeas corpus ad testificandum and arrangement for him to participate in his alleged retaliation trial by video conferencing. The decision did not disadvantage him, and the judge did everything she could to make sure that Perotti saw as much of the trial proceeding and its participants as was possible.
Justices take fired principal, battery cases
The Indiana Supreme Court will decide whether an elementary school principal fired for having a consensual relationship with a teacher will be allowed to continue his breach of contract lawsuit. That case is one of two the justices accepted on transfer last week.
Inmate not disadvantaged by appearing at trial by video
The 7th Circuit Court of Appeals affirmed Monday that a New Jersey inmate who filed a retaliation lawsuit against officials at an Indiana prison while he was housed there was not disadvantaged when the judge denied his request to be transported to Indiana for the trial. The judge instead ordered he appear by video conferencing.
COA split over whether officer had suspicion suspect was armed
An Indiana Court of Appeals panel was split Tuesday as to whether a man’s firearm conviction should be affirmed.
COA split over whether officer had suspicion suspect was armed
An Indiana Court of Appeals panel was split Tuesday as to whether a man’s firearm conviction should be affirmed.
Public defender charged with sex offenses involving inmates
An Indianapolis attorney and ex-judge working as a Shelby County public defender has been charged with three counts of sexual misconduct and one count of official misconduct after he was accused of inappropriately touching inmates at the Shelbyville jail. Authorities said one instance was recorded on video.