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Opinions June 1, 2015

7th Circuit Court of Appeals
Shane Kervin v. La Clair Barnes, et al.
14-2983
U.S. District Court, Northern District of Indiana, South Bend Division, Judge James T. Moody. Affirms dismissal of Kervin’s 42 U.S.C. § 1983 suit alleging that as a prisoner, his rights were violated when he was placed in solitary confinement and denied privileges as punishment for complaining about a delay in being allowed to see his attorney. The court ruled Kervin’s backtalk to guards was the basis for his punishment, which was neither “atypical,” “significant,” nor “a dramatic departure from the basic conditions” of his sentence as required for such claims under Sandin v. Conner, 515 U.S. 472, 484-85 (1995).

7th Circuit affirms solitary confinement; cautions against it

An Indiana inmate’s 30-day stint in solitary confinement at the Miami Correctional facility didn’t violate his civil rights, the 7th Circuit Court of Appeals ruled Friday. But the panel cautioned judges and prison officials against wide use of the practice.

Justices rule for Muslim denied job over hijab

The Supreme Court of the United States ruled Monday for a Muslim woman who did not get hired after she showed up to a job interview with clothing retailer Abercrombie & Fitch wearing a black headscarf.

Opinions May 29 2015 ILD

Indiana Court of Appeals
Mitchell Sigman v. State of Indiana and Sharon Hawk (mem. dec.)
46A05-1411-CT-516
Civil tort. Affirms dismissal of complaint

Tony Julian v. State of Indiana (mem. dec.)
48A02-1407-CR-477
Criminal. Affirms convictions for Class B felony dealing in methamphetamine; Class D felony counts of possession of precursors with intent to manufacture a controlled substance and maintaining a common nuisance; and Class A misdemeanor false informing.
 

Opinions May 29, 2015

Indiana Court of Appeals
State of Indiana v. Scott Zerbe
49A05-1410-MI-463
Criminal. Reverses a trial court ruling granting Zerbe’s petition to remove his name from the Sex Offender Registry. Zerbe was required to register as a sex offender for a Michigan offense committed in 1992 when he moved to here in 2012. Indiana’s Sex Offender Registry, enacted in 1994, is not unconstitutional as applied to Zerbe.

COA affirms attempted murder conviction, denial of insanity defense

A man convicted of attacking and trying to kill his mother’s boyfriend was not prejudiced when a judge denied his request to pursue an insanity defense, a Court of Appeals majority ruled. But a dissenting judge said the man had good cause and would remand for a new trial.

Judge: Lawyers have responsibility to correct bench errors

A man’s appeal of his sentence for marijuana-related convictions was denied in a memorandum decision Friday, but an appellate judge wrote the case wouldn’t have been there had a prosecutor or defense lawyer spoken up when a judge erred.

Opinions May 28, 2015 ILD

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of D.S. (Minor Child), and B.T. (Mother) v. The Indiana Department of Child Services and Court Appointed Special Advocate (mem. dec.)
47A01-1405-JT-230
Juvenile. Affirms termination of parental rights.
 
In the Matter of the Paternity of B.K. and L.K., Kathryn D. McCallaham v. Joy X. Khotxay (mem. dec.)
49A04-1407-JP-345
Juvenile. Affirms order modifying custody to grant sole physical custody to father and ordering parents to share joint legal custody.

S.M. v. Indiana University Health, Bloomington Hospital and Centerstone (mem. dec.)
53A01-1409-MH-417
Mental health. Affirms order involuntarily committing S.M. to a mental health facility.

Carlos Miles v. State of Indiana (mem. dec.)
49A05-1411-CR-514
Criminal. Affirms conviction of Class C felony battery.

Sergio A. Villanueva v. State of Indiana (mem. dec.)
09A04-1408-PC-376
Post conviction. Affirms denial of amended petition for post-conviction relief.

David Pannell v. State of Indiana (mem. dec.)
49A04-1308-PC-415
Post conviction. Affirms denial of petition for post-conviction relief.

Michael Dominique v. State of Indiana (mem. dec.)
34A05-1403-CR-127
Criminal. Affirms denial of motion from relief from judgment following guilty plea to Class D felony receiving stolen property.

Jeffrey Cowart v. State of Indiana (mem. dec.)
49A02-1410-CR-697
Criminal. Affirms conviction of Class C felony intimidation.

Melissa Roberts Gannon v. Jesus A. Gomez-Rocha (mem. dec.)
38A02-1411-JP-822
Juvenile. Affirms finding that mother was in contempt of court.

Phillip Killebrew v. State of Indiana (mem. dec.)
49A02-1409-CR-648
Criminal. Affirms conviction of Class C felony possession of a narcotic drug and remands with instructions to correct the sentencing order.

Anthony Edward Stewart v. State of Indiana (mem. dec.)
45A04-1409-CR-422
Criminal. Affirms order revoking probation.

 

Opinions May 28, 2015

Indiana Court of Appeals
Terry Huber v. Roger Hamilton
54A01-1404-PL-154
Civil plenary. Affirms trial court ruling that the buyer of land, Terry Huber, breached the land contract when he failed to make the balloon payment when it was originally due. The oral agreement between the parties to modify the written land contract is unenforceable because it was not reduced to writing.

There’s a new kind of lateral hiring going on

A number of partners are moving to new roles as law firms begin to emulate their corporate clients. C-suite jobs like chief talent officer and chief innovation officer are popping up, filled by partners asked to try something new.

Where the clients ‘are no stoned-out hippies’

Small firms, like  Brian Vicente’s in Denver, have been advising clients on marijuana law issues for several years. Now even some bigger corporate firms are tiptoeing into the business.