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Opinions May 21, 2015

May 21, 2015

Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Relationship of: J.G. (minor child) and A.G. (mother) v. The Ind. Dept. of Child Services (mem. dec.)
79A02-1411-JT-810
Juvenile. Affirms termination of parental rights.

Bankruptcy lawyer’s unruly conduct draws warning

May 21, 2015

A Terre Haute lawyer’s behavior at a bankruptcy court proceeding last week so alarmed parties involved that U.S. marshals were called, according to an order warning he could face discipline for his conduct.

Study: Local lockups can be more pricey to run than thought

May 21, 2015

It turns out running a jail can be even more expensive than previously thought. A study released Thursday examining what it actually costs to operate local lockups has found that a whole host of costs aren't always covered as line items in a corrections department's budget.

Certified question regarding Patient’s Compensation Fund dismissed

May 21, 2015

The Indiana Supreme Court has dismissed as moot a certified question sent to it from the U.S. District Court in the Northern District of Indiana regarding a claim the Patient’s Compensation Fund sought to pursue against an insurer.

FBI special agent to speak at Indiana Bar Foundation’s Fellows Dinner

May 21, 2015

The 2015 class of Fellows will be inducted during the Indiana Bar Foundation’s Fellows Dinner at 6 p.m. June 13 at the historic Allen County Courthouse.

ESPN to appeal Indiana judge’s ruling on Notre Dame police

May 21, 2015

ESPN will appeal a northern Indiana judge's ruling that the University of Notre Dame police department is not subject to the state's open records law.

Magistrate chides ‘bloated filings’ in long-running gun dispute

May 20, 2015

A federal magistrate judge in a protracted trademark dispute over the design of competing firearms took aim Tuesday at lawyers he said were slowing the case.

Opinions May 20, 2015 ILD

May 20, 2015

Indiana Court of Appeals
Jonte Twan Crawford v. State of Indiana (mem. dec.)
45A03-1409-CR-315
Criminal. Affirms 61-year sentence for felony murder and Class B felony robbery.

Jessica Cundari v. State of Indiana (mem. dec.)
49A02-1410-CR-742
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Tony R. Johnson, Jr. v. State of Indiana (mem. dec.)
82A04-1409-CR-425
Criminal. Affirms convictions of Class D felonies criminal gang activity and criminal recklessness.

Tyler Michael Cottrell v. State of Indiana (mem. dec.)
27A02-1409-CR-681
Criminal. Affirms revocation of probation and order that Cottrell serve three of his previously suspended five years in the Department of Correction.

Cleverly P. Lockhart v. State of Indiana (mem. dec.)
34A04-1407-CR-351
Criminal. Affirms 53-year sentence imposed following a re-sentencing in 1998 for Class C felony child molesting and three counts of Class B felony child molesting.

In re: The Adoption of A.S.B., S.B. v. K.E. (mem. dec.)
57A03-1410-AD-383
Adoption. Affirms adoption of child A.S.B. by K.E.

Elyse S. Barnfield v. State of Indiana (mem. dec.)
02A03-1409-CR-330
Criminal. Affirms sentence following guilty plea to Class D felony resisting law enforcement using a motor vehicle; two counts each of Class D felony possession of a controlled substance and possession of cocaine; and Class B misdemeanors false informing and failure to stop after an accident resulting in property damage.

Roy G. Dinwiddie v. State of Indiana (mem. dec.)
25A03-1405-CR-148
Criminal. Vacates Class D felony nonsupport of a dependent and remands to the trial court for entry of judgment on the Class C felony conviction of nonsupport only. Affirms six-year sentence.
 

Opinions May 20, 2015

May 20, 2015

7th Circuit Court of Appeals
University of Notre Dame v. Sylvia Mathews Burwell, Secretary of U.S. Department of Health & Human Services, et al., and Jane Doe 3
13-3853
U.S. District Court, Northern District of Indiana, Chief Judge Philip P. Simon.
Civil. Affirms denial of preliminary relief requested by Notre Dame against having to comply with the Affordable Care Act’s contraception mandate pending a trial. Notre Dame has not yet established its right to the injunctive relief it is seeking before trial and majority believes a trial on the merits is necessary. Judge Hamilton concurs in separate opinion; Judge Flaum dissents in separate opinion.

Savings clause of 2014 criminal code revision not unconstitutional

May 20, 2015

The Indiana Court of Appeals rejected a man’s claim that the savings clause of the 2014 criminal code revision violates the Equal Privileges and Immunities Clause of the Indiana Constitution.

Fuel company settles claims over air emissions in 3 states

May 20, 2015

Marathon Petroleum Corp. will pay a fine of nearly $3 million and spend another $2.8 million on pollution controls at its distribution terminals in Indiana, Kentucky and Ohio, the U.S. Justice Department said Tuesday.

Judge approves $200M settlement in 2012 meningitis outbreak

May 20, 2015

Victims of a 2012 meningitis outbreak caused by a now-closed Massachusetts compounding pharmacy will have access to a $200 million compensation fund, following approval Tuesday by a federal bankruptcy judge.

COA: Trial court properly admitted drug evidence

May 20, 2015

The Indiana Court of Appeals held that a trial court acted within its discretion when it admitted evidence found after executing a search warrant of a large quantity of marijuana in a defendant’s backpack, which led to the revocation of the defendant’s probation.

Woman’s theft, check deception convictions affirmed

May 20, 2015

The Court of Appeals concluded Wednesday that a defendant did not establish that the trial court abused its discretion by refusing her proffered jury instruction or in the admission of pretrial identification evidence.

7th Circuit affirms denial of railroad disability benefits

May 20, 2015

A railroad worker treated in Indiana for years for back injuries and pain failed to convince the 7th Circuit Court of Appeals he was entitled to federal disability benefits.

Justices find nature of murders supports death penalty

May 20, 2015

A Gary man who shot and killed his wife and her two children at close range will remain on death row, the Indiana Supreme Court concluded Wednesday.

Man’s life without parole sentence upheld

May 20, 2015

There is sufficient evidence to affirm a Fulton County man’s sentence of life without parole for his connection in the murder of an elderly woman during a home invasion, the Indiana Supreme Court ruled Wednesday.

Double jeopardy requires reversal of 1 of prisoner’s convictions

May 20, 2015

An inmate in the Miami Correctional Facility scored a partial victory before the Indiana Supreme Court Tuesday. The justices reversed one of his convictions for battering a correctional officer, but declined to reduce his eight-year sentence.

7th Circuit again denies Notre Dame’s request for injunction in contraception suit

May 20, 2015

A month after rehearing the University of Notre Dame’s request for a preliminary injunction that it need not comply with the Affordable Care Act’s contraception mandate, the 7th Circuit Court of Appeals again affirmed the denial of the school’s request.

New lawyers admitted to the Indiana bar

May 19, 2015

Telling them that it is a “good day to become a lawyer,” Supreme Court Chief Justice Loretta Rush welcomed Indiana’s newest attorneys to the Indiana bar and oversaw the admission ceremony Tuesday that included the recitation of oaths to practice before the state courts and U.S. District Courts for the Northern and Southern Districts of Indiana.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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