Magistrate chides ‘bloated filings’ in long-running gun dispute
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.
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Opinions May 20, 2015 ILD
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
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
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
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
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
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
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
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
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
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
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
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
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.
Indiana judge weighs fate of BMV overcharges case
A judge is weighing the fate of a lawsuit targeting the Indiana Bureau of Motor Vehicles after he heard arguments Monday in the case alleging that the BMV overcharged motorists by tens of millions of dollars for fees and services.
Opinions May 19, 2015 ILD
Indiana Court of Appeals
Lorie Bohannon v. State of Indiana (mem. dec.)
49A02-1409-CR-610
Criminal. Affirms conviction of Class B misdemeanor harassment.
Angela Cash-Hilyard v. State of Indiana (mem. dec.)
49A02-1409-CR-621
Criminal. Affirms conviction of Class C felony promoting prostitution.
In re the Marriage of: John Mikicich v. Claudia Mikicich (mem. dec.)
45A05-1407-DR-355
Domestic relation. Affirms decision of trial court. Finds the lower court did not err in imputing income to the husband; awarding tax exemptions to the wife; directing the husband to purchase health insurance and pay the child’s expenses should certain circumstances arise; awarding the wife attorney fees; or dividing the marital estate unequally.
In the Matter of the Commitment of A.A. v. Indiana University Health Bloomington Hospital (mem. dec.)
53A01-1412-MH-530
Mental health. Affirms trial court’s finding that A.A. is gravely disabled and the court’s order that she be committed to a psychiatric care facility.
In the Matter of the Termination of the Parent-Child Relationship of, J.H. (minor child), and K.T. (father) v. The Indiana Department of Child Services (mem. dec.)
49A02-1409-JT-613
Juvenile. Affirms termination of K.T.’s (father) relationship with J.H. (child).
Thomas J. Mure v. State of Indiana (mem. dec.)
71A05-1407-CR-336
Criminal. Affirms conviction of battery, a Class C felony.
Indianapolis bar owners challenge city’s smoking ban
The Indiana Court of Appeals has heard arguments from the owners of two Indianapolis bars who want to overturn the city’s 2012 ban on smoking.
Opinions May 19, 2015
Indiana Supreme Court
In the Matter of: Thomas R. Philpot
45S00-1304-DI-224
Attorney discipline. Suspends Thomas Philpot from the practice of law for four years without automatic reinstatement. Finds he violated the Indiana Rules of Professional Conduct by committing crimes that reflect adversely on his honesty, trustworthiness and fitness as a lawyer.
Failure to buckle a seatbelt cannot be used to prove contributory negligence
The city of Fort Wayne will not be able to present evidence at trial that an injured passenger in a traffic accident was not wearing a seatbelt. The Indiana Court of Appeals has ruled that a violation of the state’s Seatbelt Act may not be used to prove contributory negligence.
Former Lake County clerk given 4-year suspension
The former clerk of Lake County who used federal funds to pay himself bonuses has been suspended from the practice of law after the Indiana Supreme Court found he had betrayed the public’s trust and violated both his oath of office and of attorneys.