Senate committee advances bill to raise judges’ retirement age
A proposal to raise the mandatory retirement age for appellate judges from 75 to 80 narrowly advanced in the Indiana General Assembly Wednesday.
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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.
Krieg DeVault names new leadership team members
Krieg DeVault LLP has elected four new members to join recently elected managing partner Deborah J. Daniels on the firm’s seven-member executive committee.
Civil Rights Commission exceeded authority in upholding complaint
Finding the Indiana Civil Rights Commission overstepped its authority, the Indiana Supreme Court has vacated the organization’s final order regarding an “intra-group squabble” over a dinner menu.
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.
First impression: Suspect’s recorded talk in police car admissible
What a South Bend man said to another suspect while they were alone in the back of a police cruiser was recorded by an in-car video camera and properly presented to a federal jury, a panel of judges decided in a matter of first impression for the 7th Circuit Court of Appeals.
Electric utilities battle over annexing territories
When it comes to annexing nearby land, the city of Greenfield has a proposition that officials say sells itself.
Dershowitz denies underage sex claims
Prominent criminal defense lawyer Alan Dershowitz has filed a detailed denial of a woman’s claims in a Miami federal court that he had sexual contact with her when she was underage in a case also involving Britain’s Prince Andrew.
McKinney grad Carrasco appointed Indiana inspector general
Longtime executive director of the Office of Inspector General Cynthia Carrasco has been appointed Indiana inspector general, Gov. Mike Pence announced in a statement Tuesday. The appointment is effective Jan. 11.
Rush’s debut State of the Judiciary address set
Indiana Chief Justice Loretta Rush will deliver her first State of the Judiciary address before a joint session of the General Assembly next week.
Opinions Jan. 5, 2015
7th Circuit Court of Appeals
State Farm Life Insurance Co. v. Troy Jonas et al.
14-1464
Civil tort. Vacates judgment of District Court and remands with instructions to dismiss for lack of subject-matter jurisdiction. Finds no justiciable controversy existed when Jonas filed his lawsuit against State Farm. Concluded that the disputes about the rate of interest and whether the insurance company must pay the attorney fees that Jonas has incurred in this litigation do not retroactively create jurisdiction.
Bill would let Hoosiers refuse gay-wedding services
Legislation that supporters contend is needed to protect Indiana residents with strong religious beliefs by allowing them to refuse services for same-sex weddings is drawing fire from gay rights groups and others who say it would legalize discrimination.
Bill seeks to give Indiana appellate judges more time on the bench
Sen. James Buck is again pushing to increase the mandatory retirement age for Indiana appellate judges.
Competency could be key for death penalty in Indiana case
Indiana law experts say the mental health of a northwestern Indiana man charged with strangling two women and suspected of killing five others could complicate the case but shouldn't prevent the state from seeking the death penalty.
Government: Tweak Conour release conditions
Special conditions imposed on convicted fraudster and former attorney William Conour after he serves a 10-year federal sentence should be modified, but the conditions largely should stay in place, according to the government’s brief in his appeal.
7th Circuit dismisses case because dispute arose after lawsuit was filed
A man who claimed State Farm Insurance Co. owed him a higher rate of interest and attorney fees had his case dismissed because the controversy did not exist when the lawsuit began.
Tax Court: Alleged puppy mill owner wrongly denied refund
The Indiana Department of Revenue improperly denied a refund of the value of 240 dogs seized by the state from an alleged Harrison County puppy mill, the Indiana Tax Court ruled Dec. 31.
Opinions Dec. 31, 2014 ILD
Indiana Court Appeals
Marlan Long v. State of Indiana (NFP)
49A02-1403-CR-200
Criminal. Affirms conviction and sentence for Class A felony conspiracy to deal cocaine.
Bryan P. Meek v. State of Indiana (NFP)
40A01-1405-CR-213
Criminal. Affirms order revoking probation for failure to pay child support according to the terms of Meek’s probation.
Alexander Adrian Rankin v. State of Indiana (NFP)
54A01-1406-CR-267
Criminal. Affirms order Rankin serve a suspended sentence for a probation violation after committing Class B felony burglary and the imposition of a 14-year sentence for that conviction.
In the Matter of the Termination of the Parent-Child Relationship of: P.L. and D.L. (Minor Children) and C.L. (Mother) and H.L. (Father) v. Indiana Department of Child Services (NFP)
32A05-1405-JT-213
Juvenile. Affirms involuntary termination of parental rights.
Dolen Glenn v. Dick Brown and Indiana Department of Correction (NFP)
77A04-1404-CC-194
Civil collections. Reverses denial of Glenn’s motion to correct error, which challenged the dismissal of his complaint against the Indiana Department of Correction. Remands for further proceedings.
Michael Whicker v. State of Indiana (NFP)
32A01-1409-CR-400
Criminal. Affirms denial of Whicker’s petition to reduce his Class D felony conviction to a Class A misdemeanor.
Willie Harrison v. State of Indiana (NFP)
49A02-1406-CR-401
Criminal. Affirms conviction of Class B felony aggravated battery.
Lawrence Kelshaw v. State of Indiana (NFP)
49A02-1406-CR-387
Criminal. Affirms conviction of Class B felony burglary. http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2014/december/12311402tac.pdf
In observance of New Year's Day, IL Daily will not publish on Jan. 1 & 2. The staff of Indiana Lawyer wishes you a Happy New Year!
Opinions Dec. 31, 2014
Indiana Court Appeals
Alfredo D. Rodriguez, as Permanent Guardian of the Person and Estate of Miriam Rodriguez, and Alfredo D. Rodriguez, Individually v. United States Steel Corporation
45A04-1407-CT-350
Civil tort. Affirms summary judgment in favor of U.S. Steel on Alfredo Rodriguez’s negligence claim. Miriam Rodriguez was injured in an auto accident caused by an employee of U.S. Steel as he drove home from work. U.S. Steel did not owe Miriam Rodriguez a duty of reasonable care.