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.
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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.
Video shows officer using stun gun in traffic stop
A cellphone video released Tuesday shows police in Indiana breaking a car window then using a stun gun on a man after police stopped the driver for not wearing a seat belt. The video, recorded by the driver's 14-year-old son, captured a Sept. 24 confrontation between two adults in the car and police that's the basis of a lawsuit filed in U.S. District Court against several officers and the city of Hammond.
Indiana county clerks told to allow gay marriages
The Indiana attorney general's office told county clerks across the state Tuesday that they must issue marriage licenses to same-sex couples.
Keeping death certification accessible is ‘victory for the public’
Both the Hoosier State Press Association and the Indiana attorney general are applauding the Indiana Supreme Court’s ruling Tuesday that cause of death information is public.
Indiana Tech Law School hurries up and waits for ABA approval
Indiana’s newest law school has entered the long waiting period that comes with the accreditation process.
Opinions Oct. 7, 2014 ILD
Indiana Court of Appeals
Shawn L. Moore v. State of Indiana (NFP)
90A02-1401-CR-19
Criminal. Affirms concurrent sentences of 16 years for Class B felony unlawful possession of a firearm by a serious violent felon and eight years for Class C felony corrupt business influence.
Jo Ann Hacker v. Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide (NFP)
67A01-1405-MF-196
Mortgage foreclosure. Affirms summary judgment in favor of Bank of America, N.A. Finds Hacker is directly liable as a matter of law for her breach of the promissory note as a maker and borrower.
Larry W. Dudley v. Review Board of the Indiana Department of Workforce Development and TC Heartland, LLC (NFP)
93A02-1405-EX-326
Civil. Affirms decision by the Review Board of the Indiana Department of Workforce Development that Dudley is disqualified from receiving unemployment insurance benefits because he was discharged for just cause.
Eric D. Smith v. State of Indiana (NFP)
49A02-1404-IF-310
Infraction. Affirms denial of Smith’s Indiana Trial Rule 60(B) motion for relief from judgment. Finds Smith did not present a meritorious defense that he was not the person who was caught speeding and who appeared in court to admit the infraction.
Opinions Oct. 7, 2014
Indiana Supreme Court
Evansville Courier & Press and Rita Ward v. Vanderburgh County Health Department
82S04-1401-PL-49
Civil plenary. Reverses determination by trial court and finds death certificates which include the cause of death are public records. Holds a plain reading of the state statute denies public viewing of death information at the Indiana State Department of Health but gives private citizens access to death records at the local county health department. Remands for summary judgment in plaintiffs’ favor and to determine award of attorney fees.
Unanimous Supreme Court holds death certificates are public records
Taking what it called a “plain reading” of the state statute, the Indiana Supreme Court ruled death certificates which include the cause of death are public records and should be available to anyone who requests access.
7th Circuit rules against insurer in jurisdiction dispute
The 7th Circuit Court of Appeals reversed a federal court judgment in favor of an insurer after the insurer’s motion to intervene in a state court lawsuit on the same matter was denied. The federal court incorrectly determined the state court did not have jurisdiction over an injured worker’s lawsuit.
Mother loses custody after COA rules trial court had jurisdiction
A mother’s argument that the trial court did not have jurisdiction to grant full custody of her daughter to the girl’s father did not convince the Indiana Court of Appeals, which found an agreement between the parents gave the court jurisdiction.
Accomplice in jewelry store robbery loses sentence appeal
The 45-year sentence imposed on an accomplice in a jewelry store robbery was affirmed by the Indiana Court of Appeals Tuesday, even though the crime to which he pleaded guilty is now punishable by a maximum sentence of 20 years.
Indianapolis man gets 28 years for coercing sex
A judge sentenced an Indianapolis man to 28 years in prison Monday for tricking teenage girls as young as 13 into sending him explicit photos via Facebook and using the photos to coerce the girls into having sex with him.
IndyBar: IBF Fellows Serve Supper at Ronald McDonald House
On Tuesday, Sept. 30, the Indianapolis Bar Foundation (IBF) Distinguished Fellows gathered for a service project at the Ronald McDonald House of Indiana. Fellows and their families volunteered to prepare and serve a meal to around 40 guests who are family members of seriously ill or injured children.
IndyBar: ADR Section Hosts Successful Annual Mediation Day
On Friday, Sept. 26, the IndyBar Alternative Dispute Resolution (ADR) Section hosted its annual Mediation Day, which was coordinated by ADR Section Chair Phyllis Armstrong of The Mediation Group.
IndyBar: Volunteers Needed for Family Law/Minor Guardianship Pro Bono Cases
Since early 2013, the IndyBar and local legal service providers have been teaming up to provide pro bono help in family law cases. More than 100 cases have been placed as a result of these efforts, and additional volunteers are needed to continue this successful partnership.