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Opinions Jan. 8, 2015 ILD

Indiana Court of Appeals
Kristopher Souter v. State of Indiana (NFP)
02A03-1405-CR-170
Criminal. Reverses $2,500 restitution order following guilty plea to Class D felony receiving stolen property and Class B misdemeanor false informing. Remands with instructions to recalculate the amount of restitution owed by Souter.

Joel Bryce Granberry v. The Bank of New York Mellon Renovations by Russell LLC (NFP)
30A04-1405-CT-213
Civil tort. Affirms denial of Granberry’s motion to correct error, which challenged the dismissal of his actions against The Bank of New York Mellow and Renovations by Russell LLC. Remands for a determination of appellate attorney fees owed to Renovations by Russell.
 

Opinions Jan. 8, 2015

7th Circuit Court of Appeals
Daniel P. Minnick v. Carolyn W. Colvin, acting commissioner of Social Security
13-3626
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Reverses judgment of the District Court upholding the acting commissioner’s decision to deny benefits to Minnick and remands for further proceedings. The administrative law judge did not fully develop the record before drawing any conclusions and did not adequately articulate her analysis so that the appellate court could follow her reasoning.

Court properly excluded evidence regarding victim’s truthfulness

The trial court was correct to exclude evidence of specific instances from a woman regarding the truthfulness of her son, the victim of a sex crime, the Indiana Supreme Court ruled Thursday. That evidence is prohibited by Indiana Evidence Rule 608.

ALJ’s numerous errors require denial of benefits reversed

The 7th Circuit Court of Appeals reversed the decision of a federal judge to uphold the denial of a man’s request for disability insurance benefits. The appeals court held that an administrative law judge made a number of errors when considering the record.

Parties ask for December nonsurgical abortion ruling to be made final

Attorneys for the state of Indiana and Planned Parenthood of Indiana and Kentucky filed a joint motion Tuesday requesting a federal judge make final her Dec. 3 ruling that found a 2013 law regulating nonsurgical abortion clinics violated the Equal Protection Clause.

Firm mergers down slightly in 2014

Eighty-two law firm combinations were announced last year in the United States, a 7 percent decline from 2013’s 88 mergers, according to Altman Weil Inc.

Judge dissents on reversal of CHINS adjudication

A father who claimed his due process rights were violated when his daughter was adjudicated as a child in need of services before the conclusion of a fact-finding hearing won his appeal before the Court of Appeals Wednesday. But one judge believed that the trial court correctly found the girl to be a CHINS.

Fate uncertain for bill to end Sunday alcohol sales ban

A House committee chairman says he hasn't decided if he'll allow a hearing on a proposal to end Indiana's long-running ban on retail stores selling alcohol on Sunday — the last of its kind in the nation.

Opinions Jan. 6, 2015 ILD

Indiana Court of Appeals
Jennifer Suits v. State of Indiana (NFP)
49A02-1404-CR-219
Criminal. Affirms conviction for battery, as a Class B misdemeanor. Finds the police officer’s warrantless entry and subsequent search of Suits’ apartment did not violate her rights under the Fourth Amendment and Article 1, Section 11 on the Indiana Constitution. Concludes the state established the existence of exigent circumstances that led the police officer to reasonably determine that someone in the residence was in need of assistance.

Joseph C. Lehman v. Firstsource Advantage, LLC (NFP)
20A03-1312-CC-487
Civil collection. Affirms judgment in favor of Firstsource for $7,311.62 plus court costs.

Danny's Sports Bar Chicago Style Pizza v. Todd Schuman (NFP)
43A04-1407-CT-321
Civil tort. Affirms default judgment in Schuman’s favor for $68,216.40 plus interest. Finds the decision by one of the restaurant’s part owners to ignore Schuman’s lawsuit rather than contacting a lawyer or taking some action to defend the restaurant was not “excusable neglect” within the meaning of Trial Rule 60(B).

 

Opinions Jan. 6, 2015

Indiana Supreme Court
Fishers Adolescent Catholic Enrichment Society, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater
93S02-1310-EX-704
Civil. Vacates the final order from the Indiana Civil Rights Commission regarding a dispute over a dinner menu. The commission had found that the Fishers Adolescent Catholic Enrichment Society Inc. did not discriminate against Bridgewater when it did not provide a special meal for her daughter who suffered from food allergies. However, the commission did rule that FACES did commit an unlawful discriminatory practice when it expelled the Bridgewater family from the group after they filed the disability discrimination complaint. The Supreme Court concluded because the activities of FACES fell outside education, the commission lacked the statutory authority to take any action other than the dismissal of these claims. Remands with instructions to grant the motion to dismiss filed by FACES on both claims. Justice Robert Rucker dissented, maintaining the commission does have the authority to act on the retaliation claim.