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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.

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.

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.

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.

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.

Indiana diocese wants ex-teacher’s jury award cut

A northern Indiana Roman Catholic diocese wants to reduce a jury's nearly $2 million award to a former teacher fired by church officials for trying to get pregnant through in vitro fertilization.

Fewer cases filed in 2013 in state courts

There were 1,152,052 new cases filed in state courts in 2013, a decrease of 7.3 percent over the previous year, according to data released Tuesday by the Indiana Supreme Court and the Division of State Court Administration. The data continues to show the trend of a drop in filings over recent years.