COA finalists await governor’s selection
Two trial court judges with a breadth of experience hearing criminal and civil matters and a public defender who’s tried hundreds of appeals are finalists to be the next Indiana Court of Appeals judge.
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Immunity laws flourishing in Indiana
ITLA task force examines number of protections in the Indiana Code.
McDonald takes ITLA leadership
James O. McDonald of Terre Haute has represented plaintiffs for more than four decades, and now the lawyer represents the state’s plaintiffs’ bar as president of the Indiana Trial Lawyers Association.
Opinions June 15, 2015 ILD
Indiana Court of Appeals
K.G. v. State of Indiana (mem. dec.)
49A02-1410-JV-737
Juvenile. Affirms adjudication as a delinquent child for an act that would be Class A misdemeanor battery if committed by an adult.
Theron L. Bailey v. State of Indiana (mem. dec.)
27A05-1404-PC-199
Post conviction. Affirms denial of post-conviction relief.
Tianyve D. Stitts v. State of Indiana (mem. dec.)
34A02-1410-CR-747
Criminal. Affirms convictions of Class C felony escape, three counts of Class D felony possession of a controlled substance, and Class A misdemeanor possession of marijuana.
In the Matter of the Termination of the Parent-Child Relationship of: L.D. and K.F. (Minor Children), B.W. (Father) v. The Indiana Department of Child Services (mem. dec.)
82A04-1410-JT-505
Juvenile. Affirms termination of parental rights.
Jimmy Huesgen v. State of Indiana (mem. dec.)
49A04-1411-CR-538
Criminal. Affirms conviction of Class A misdemeanor battery.
Camryn S. Matthews v. State of Indiana (mem. dec.)
70A05-1501-CR-25
Criminal. Affirms Class C felony conviction of possession of a controlled substance.
Opinions June 15, 2015
7th Circuit Court of Appeals
Marc Shell v. Kevin Smith, in his official capacity as Mayor of the City of Anderson, et al.
14-2958
Civil. Reverses summary judgment in favor of Anderson defendants and remands Shell’s Americans with Disabilities Act claim for proceedings in the District Court. Shell, a mechanic’s helper in the City of Anderson Transit System, claimed his firing after a change of city administration violated his rights under the ADA because he’d held the position for 12 years. He was unable to obtain a commercial driver’s license due to hearing and vision impairment and was fired after a new administrator enforced a job description requirement that he obtain a CDL. Because of evidence and reasonable inferences favorable to both parties, summary judgment was inappropriate.
Justices take dispute over county road
The Indiana Supreme Court granted transfer to a not-for-publication Court of Appeals decision over whether a gravel drive to a landlocked 40 rural acres in Jackson County is a public road by use.
High court rules against law firm in bankruptcy fee fight
The Supreme Court of the United States ruled Monday that one of the nation’s biggest law firms is not entitled to recover $5.2 million in legal fees it incurred in the course of a bankruptcy proceeding.
7th Circuit revives Anderson transit worker’s ADA claim
A mechanic’s helper with the City of Anderson Transit System won the right to pursue his claims that his firing violated his rights under the Americans with Disabilities Act.
Supreme Court won’t revive North Carolina abortion law
The Supreme Court of the United States on Monday rejected an appeal from North Carolina to revive a requirement that abortion providers show and describe an ultrasound to a pregnant woman before she has an abortion.
Ruling on robocalls expected this week
After an extended wait, the FCC plans to issue a ruling this week that may put an end to robocalls, scam text messages and telemarketing calls to home phones. Unwanted calls and telephone harassment continue to be the most common complaint received by the Indiana Attorney General’s Office, reaching more than 13,000 filed complaints last year.
SCOTUS: Immigration deadlines can be extended
The Supreme Court of the United States ruled Monday that federal appeals courts have authority to decide whether people facing deportation should be able to extend the deadlines in immigration proceedings.
Court rules spouse can’t protest husband’s visa denial
A California woman can’t challenge the government’s decision to deny a visa to her spouse from Afghanistan, the Supreme Court of the United States ruled Monday.
Former nursing home employee faces forgery, fraud charges
A former employee at a southeastern Indiana nursing home faces charges alleging that she bilked the home's elderly residents out of nearly $10,000 in Medicare funds.
Indiana woman sues township over urine sample rule
A southwestern Indiana woman is suing a township trustee's office, alleging that she was denied government assistance because her disabilities prevented her from providing a required urine sample for a drug screening test.
Bisard exhausts appeals as justices deny transfer
The Indiana Supreme Court won’t hear an appeal from former Indianapolis Metropolitan Police Department Officer David Bisard, who was convicted of killing one motorcyclist and seriously injuring two others while driving drunk in his police cruiser.
Opinions June 10, 2015 ILD
Rasha El Adawy v. Mary Sanders (mem. dec.)
49A05-1409-PO-445
Protective order. Affirms issuance of protective order against Rasha El Adawy.
Opinions June 12, 2015
Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.
In the Matter of the Adoption of Minor Children: I.B. and W.B.: B.B. v. B.C. and J.L., and Indiana Department of Child Services
82S05-1502-AD-63
Adoption. Reverses trial court adoption petition in favor of maternal grandmother B.C. that had been affirmed by the Court of Appeals. Justices overturned a COA ruling that I.C. § 31-19-11-1(c)(15), which disqualifies certain felons from adoption, is unconstitutional. The law is constitutional because its prohibitions are rationally related to the classifications they draw, the court ruled. The case is remanded to the trial court to reconsider the petition in view of the absolute statutory bar to B.C. adopting.
Jury foreman sent to jail for 30 days for using cellphone
The foreman of a North Carolina jury is spending 30 days in jail because he used his cellphone in the jury room.
Appeals court sets aside conviction of bin Laden assistant
A federal appeals court on Friday set aside the military commission conviction of a Guantanamo Bay detainee who allegedly produced an al-Qaida recruiting video and served as Osama bin Laden’s personal assistant and public relations secretary.
Reversal: IDACS error no basis to suppress meth evidence
Southern Indiana authorities who arrested a man for buying pseudoephedrine had probable cause even though the suspect had not been convicted of a prior methamphetamine charge, as a state database reported.