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Opinions Sept. 5, 2014

7th Circuit Court of Appeals
Marilyn Rae Baskin v. Penny Bogan
14-2386
Midori Fujii v. Commissioner of the Indiana State Department of Health
14-2387
Pamela Lee v. Brian Abbott
14-2388
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard Young
Civil. Affirms District Court judgment invalidating and enjoining Indiana and Wisconsin prohibitions on same-sex marriage. The 7th Circuit consolidated the three same-sex marriage cases from Indiana into one opinion with the single case from Wisconsin, Wolf et al. v. Walker, et al., 14:2526. The court confined its ruling to the 14th Amendment’s Equal Protection Clause and did not address the plaintiffs’ due process arguments. Rejects Indiana’s responsible procreation argument, finding Indiana’s prohibition on same-sex marriage discriminates against gays and lesbians.

7th Circuit rejects denial of disabled woman’s benefits

Finding repeated fault with the administrative law judge who denied a Chandler woman Social Security disability payments, the 7th Circuit Court of Appeals reversed and remanded the case to the Social Security Administration.

ICRC has jurisdiction in basketball race discrimination case

The Indiana Civil Rights Commission has jurisdiction in a racial discrimination claim brought by a former basketball player against Cardinal Ritter High School, but the ICRC dropped the ball in the case, the Court of Appeals ruled Friday.

Summary judgment affirmed in hysterectomy med-mal case

The Indiana Court of Appeals Friday affirmed summary judgment in favor of health care providers in a lawsuit brought by a woman claiming doctors did not obtain informed consent before performing a hysterectomy.

Appeals court reversal reunites mother and children

A Grant County trial court abused its discretion in ordering the appointment of guardians for two children, the Indiana Court of Appeals ruled Friday, reversing a guardianship order and instructing the trial court to reunite the children with their mother.

Cabbies, Speedway settle lawsuit over race-day license seizures

Taxi drivers who had their licenses seized by police officers from the Town of Speedway after the 2013 Indianapolis 500 will be receiving a few hundred dollars for their trouble as a result of a settlement of their federal lawsuit.

NCAA asks for dismissal of 2 scholarship lawsuits

The NCAA and 11 conferences that have played major college football in recent years have filed a motion to dismiss two antitrust lawsuits that accuse the association of illegally capping compensation to athletes.

Drug court lawsuit certified as class action

A federal magistrate has approved class-action status for a lawsuit accusing southern Indiana officials of violating the civil rights of dozens of drug court participants.

Appeals court affirms all but 2 of Durham’s convictions

A federal appeals court in Chicago has upheld all but two of the 25 felony convictions for Tim Durham and two other Fair Finance Co. executives found guilty two years ago of carrying out a $200 million Ponzi scheme.

Opinions Sept. 4, 2014 ILD

Indiana Court of Appeals
Shawnee Wilson v. State of Indiana (NFP)
49A05-1401-CR-13
Criminal. Affirms two convictions of Class D felony neglect of a dependent

David J. Heineman v. State of Indiana (NFP)
02A03-1310-CR-409
Criminal. Affirms convictions of dealing in methamphetamine, a Class A felony; possession of methamphetamine,  a Class B felony; possession of chemical reagents or precursors with intent to manufacture, a Class C felony; possession of a controlled substance, a Class D felony; maintaining a common nuisance,  a Class D felony; and possession of paraphernalia,  a Class A misdemeanor.

Marcus J. Schneider v. State of Indiana (NFP)
52A02-1402-CR-117
Criminal. Affirms sentence following guilty plea to Class D felony residential entry and admission to being a habitual offender. Remands for correction of the sentencing statement.

Kevin I. Colon, Sr. v. State of Indiana (NFP)
90A04-1403-CR-142
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.

In the Matter of the Termination of the Parent-Child Relationship of I.T., S.T., and W.T., minor children, and C.T., Mother, and W.T., Father, et al. v. Indiana Department of Child Services (NFP)
54A01-1402-JT-84
Juvenile. Affirms termination of parental rights.

Markus Burton v. State of Indiana (NFP)
71A04-1402-CR-92
Criminal. Affirms conviction of Class B felony burglary.

In the Matter of the Termination of the Parent-Child Relationship of D.B., Minor Child, and K.S., Mother, K.S. v. Indiana Department of Child Services, et al. (NFP)
45A04-1401-JT-25
Juvenile. Affirms termination of parental rights.

Jeremy Hall v. State of Indiana (NFP)
48A02-1402-CR-134
Criminal. Affirms conviction for failure to return to lawful detention, a Class D felony.

Bradley Cochran v. State of Indiana (NFP)
49A05-1312-CR-601
Criminal. Affirms convictions of Class A misdemeanor driving while suspended and Class D felony operating a vehicle while intoxicated, as well as adjudication as a habitual substance offender.

Robert Mular v. State of Indiana (NFP)
49A02-1311-CR-947
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Dolen Glenn v. Indiana Department of Correction (NFP)
77A01-1401-SC-25
Small claim. Affirms judgment in DOC’s favor regarding property confiscated from Glenn.
 

Opinions Sept. 4, 2014

Indiana Supreme Court
TP Orthodontics, Inc., Christopher Kesling, DDS, MS, Adam Kesling, and Emily Kesling, et al. v. Andrew Kesling, Individually and as Trustee of the Andrew C. Kesling Trust Dated March 28, 2001 et al.
46S03-1405-MI-337
Miscellaneous. Finds the trial court abused its discretion in ordering disclosure of the full special litigation committee report, as portions of it containing privileged information cannot be disclosed to the sibling shareholders. Remands to the trial court to conduct an in camera review of the full report to determine whether the designate material is in fact privileged.

COA splits on reversal of child molesting conviction

A panel on the Indiana Court of Appeals was divided Thursday over whether a man’s Class A felony child molesting conviction should be overturned. The dissenting judge believed any error by the trial court was harmless, so the conviction should stand.

Defendant loses on ineffective counsel claim

A defendant did not show that he was denied the effective assistance of appellate counsel, so the court correctly denied his petition for post-conviction relief, the Indiana Court of Appeals ruled.

Judge: Inevitable discovery rule could apply under state constitution

The Indiana Court of Appeals unanimously reversed a man’s convictions stemming from his alleged use of a stolen credit card at a gas station in Hancock County. But the judges on the panel didn’t agree whether the state’s argument of inevitable discovery is allowed under the Indiana Constitution.