Strip club case heads to federal appeals court
The 7th U.S. Circuit Court of Appeals in Chicago will hear arguments on whether a northeastern Indiana city acted properly when it prevented a Fort Wayne couple from opening a strip club.
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Judge finds Marion County judicial election system unconstitutional
A federal judge in Indianapolis has ruled that the statute outlining how Marion Superior judges are elected is unconstitutional. Because a stay has been issued, the ruling will not impact next month’s election.
IU Maurer establishes scholarship for Vassar College grads
Vassar College becomes the seventh school Indiana University Maurer School of Law has partnered with to establish a scholarship and mentoring program for students interested in pursuing legal education.
Opinions Oct. 9, 2014 ILD
Indiana Court of Appeals
Richard R. Hogshire v. Ursula Hoover (NFP)
06A01-1312-DR-513
Domestic relation. Affirms trial court judgment holding Hogshire in contempt for failing to pay Hoover in accordance with prior provisional orders. Remands with instructions to revise the judgment such that the stated amounts of maintenance and other fees are consistent with the COA’s remand instructions from prior rulings on this case.
In the Matter of the Termination of the Parent-Child Relationship of: E.H. (Minor Child), and S.F. (Mother) v. The Indiana Department of Child Services (NFP)
57A03-1403-JT-101
Juvenile. Affirms termination of mother’s parental rights.
Antoine McDuffie v. State of Indiana (NFP)
20A04-1404-CR-158
Criminal. Affirms sentence following guilty plea to Class B felonies robbery, burglary, criminal confinement and conspiracy to commit burglary.
John W. Hayes v. State of Indiana (NFP)
03A04-1405-CR-221
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.
Daryl K. Henderson, Jr. v. State of Indiana (NFP)
45A03-1401-CR-34
Criminal. Affirms conviction of felony murder.
In Re the Marriage of: John R. Garrett v. Penny L. Brown (NFP)
35A04-1405-DR-235
Domestic relation. Vacates trial court’s order of modification of child support and remands for further proceedings.
Dexter Marshall Jr. and US Auto Insurance Company, Inc. v. United Farm Family Mutual Insurance Company (NFP)
84A04-1311-PL-558
Civil plenary. Affirms grant of United Farm Family Mutual Insurance Co.’s complaint for declaratory judgment.
James M. Ross IV v. State of Indiana (NFP)
84A01-1401-CR-43
Criminal. Reverses conviction of Class C felony battery resulting in serious bodily injury.
Opinions Oct. 9, 2014
Indiana Court of Appeals
Stacey D. Cox v. State of Indiana
29A05-1312-CR-637
Criminal. Affirms convictions of Class D felony involuntary manslaughter and Class B misdemeanor operating a child care home without a license. The state presented sufficient evidence that Cox operated a child care home under I.C. 12-17.2-5-28.6.
Indiana Tech begins search for law school dean
Indiana Tech Law School has started the process of finding a new dean, but the institution is releasing few details about the search.
Judges uphold convictions for death of child at unlicensed home daycare
The state presented sufficient evidence that a Hamilton County woman operated a child care home under the law, the Indiana Court of Appeals held Thursday in affirming her convictions related to a death of a child while in her care.
School discipline summit highlights problem of suspensions and expulsions
Speaking to a group of Indiana educators, school administrators and legal professionals, retired Judge Irene Sullivan drew applause when she stated school suspensions and expulsions should be illegal under federal law.
Garage door company on hook for $21M jury award
A Plainfield garage door company has been ordered to pay $21.3 million in damages to an Indianapolis man who suffered permanent, disabling spinal injuries in 2006 due to a malfunctioning garage door.
Some counties not issuing same-sex marriage licenses
Some Indiana counties still are balking at issuing same-sex marriage licenses. The clerk in one of those counties says she is still awaiting more guidance from the state.
Opinions Oct. 8, 2014 ILD
Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of S.J.L. and J.L., Minor Children, and their father, S.L., S.L. v. Indiana Department of Child Services (NFP)
79A02-1403-JT-205
Juvenile. Affirms termination of father’s parental rights.
Dominique Burton v. State of Indiana (NFP)
49A02-1401-CR-10
Criminal. Affirms conviction of Class C felony possession of cocaine.
Veldon Thompson v. State of Indiana (NFP)
48A04-1402-CR-60
Criminal. Affirms revocation of Thompson’s probation.
Glendal Rhoton v. State of Indiana (NFP)
49A05-1311-PC-563
Post conviction. Affirms denial of petition for post-conviction relief.
Allen E. Vaughn Jr. v. State of Indiana (NFP)
49A02-1308-PC-686
Post conviction. Affirms denial of petition for post-conviction relief.
Frederick L. Freeman v. State of Indiana (NFP)
02A03-1311-CR-455
Criminal. Affirms convictions of Class B felony robbery and Class D felony pointing a firearm.
Opinions Oct. 8, 2014
Indiana Court of Appeals
Rodney A. Richard v. State of Indiana
46A05-1312-CR-628
Criminal. Affirms Class A felony conviction of dealing in cocaine within 1,000 feet of a public park, but reverses Class A felony conviction of dealing in cocaine within 1,000 feet of a family housing complex. The state did not offer sufficient evidence to prove he committed dealing within 1,000 feet of a family housing complex. Remands for the trial court to enter a conviction as a Class B felony and resentence him on that count.
Humvee maker wins $27.9M judgment against supplier
A supplier of armored doors for Humvees made for the military overcharged the manufacturer, a federal judge ruled Monday, awarding South Bend-based AM General LLC a $27.9 million judgment.
Justices vacate transfer in insurance policy lawsuit
The Indiana Supreme Court decided Tuesday that the Court of Appeals decision regarding an insurance policy sold by Settlers Life Insurance Co. should stand, so it vacated transfer of a case it took in August.
AT&T ‘mobile cramming’ settlement nets refunds for Hoosiers
A $105 million settlement reached Wednesday with AT&T Mobility LLC means that nearly half a million Indiana residents may be eligible for refunds for unauthorized charges on their cell phone bills.
Judge halts planned consolidation of Zionsville, Perry Township
A Boone County judge has ruled that Zionsville can’t absorb the operations of Perry Township even if voters OK a reorganization plan that’s already on next month’s ballot.
Evidence doesn’t show existence of family housing complex at time of crime
The Indiana Court of Appeals reversed a man’s Class A felony conviction for dealing cocaine within 1,000 feet of a family housing complex because the state didn’t prove the complex qualified as family housing under the law at the time of the offense.
IU McKinney launches partnership with Wabash College
Indiana University Robert H. McKinney School of Law and Wabash College have entered into a partnership agreement in which two Wabash grads each year will have the chance to attend the law school at half the cost.
ISBA members say ‘yes’ to retaining appellate judges
The four Indiana appellate judges up for retention next month have the approval of ISBA members, according to survey results released Tuesday by the organization. Members overwhelmingly voted that the judges should be retained.
US Supreme Court hears dispute over pay for security checks
Several Supreme Court justices seem disinclined to find that employers must pay workers for time spent waiting to go through anti-theft security checks at the end of their shifts.