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The Indiana Supreme Court agreed with the Court of Appeals that a bank’s appeal of the termination of two of its trusts must be dismissed for lack of jurisdiction. The bank, as trustee, lacked standing to appeal in its representative capacity and did not appeal in its individual capacity.
Indiana’s right-to-work statute is clearly anti-union, one state Supreme Court justice said Thursday, but all five justices seemed dubious of arguments that it violated the state constitution.
The federal government has reached a proposed settlement under which two companies will pay for an estimated $26 million cleanup of lead and arsenic contamination in an East Chicago neighborhood.
Indiana Court of Appeals
Brian S. Hartman v. State of Indiana (NFP)
68A05-1311-CR-579
Criminal. Affirms the allowance of an amendment to Hartman’s charging information and the refusal to sever count I from counts II and III.
Town of Cedar Lake v. Review Board of the Indiana Department of Workforce Development and Mary J. Dickson (NFP)
93A02-1402-EX-72
Agency action. Affirms decision that Dickson is entitled to unemployment benefits.
Brian House v. State of Indiana (NFP)
48A04-1402-CR-78
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle while intoxicated and Class A misdemeanor operating a vehicle while intoxicated, which were merged by the trial court.
Anthony Johnson v. State of Indiana (NFP)
49A04-1312-CR-612
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Papa Ndiaye v. Review Board of the Indiana Department of Workforce Development and Federal Mogul Corp. (NFP)
93A02-1402-EX-124
Agency action. Affirms decision Ndiaye is ineligible for unemployment benefits.
Tarik Fields v. State of Indiana (NFP)
49A02-1401-CR-27
Criminal. Affirms sentence for Class D felonies criminal recklessness and criminal confinement.
Raveon Harrell v. State of Indiana (NFP)
71A03-1310-PC-412
Post conviction. Affirms denial of petition for post-conviction relief.
B.J. v. State of Indiana (NFP)
28A01-1403-JV-113
Juvenile. Affirms adjudication that B.J. committed what would be Class D felony receiving stolen property, if committed by an adult.
Samantha Lee v. State of Indiana (NFP)
31A01-1401-CR-4
Criminal. Affirms convictions of one count of Class D felony neglect of a dependent and four counts of Class A misdemeanor neglect of a vertebrate animal.
Charles W. Turner v. Montague M. Oliver, Jr. (NFP)
48A02-1402-CT-110
Civil tort. Affirms order denying Turner’s motion to correct error after judgment was entered in favor of Oliver on Turner’s complaint involving his Westlaw account.
Kristen Shane Lester v. State of Indiana (NFP)
47A01-1402-CR-95
Criminal. Affirms order revoking Lester’s direct placement in community corrections and placement in the custody of the DOC.
J.J. v. State of Indiana (NFP)
49A04-1401-JV-18
Juvenile. Affirms awarding wardship of J.J. to the DOC.
Brandon J. Lunkin v. State of Indiana (NFP)
20A03-1401-CR-46
Criminal. Affirms aggregate 44-year sentence in the DOC following a guilty plea to three counts of Class B felony dealing in cocaine and admitting to being a habitual offender.
David Hooker v. State of Indiana (NFP)
82A01-1311-CR-523
Criminal. Affirms denial of motion to vacate guilty plea entered into in 2001.
Mariea L. Best v. Russell C. Best (NFP)
06A04-1403-DR-124
Domestic relation. Affirms contempt order against Mariea Best.
Davetta Davidson v. State of Indiana (NFP)
71A03-1401-CR-4
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.
Cameron Wood v. State of Indiana (NFP)
34A02-1311-CR-953
Criminal. Affirms sentences imposed for Class B felony rape and Class C felony criminal confinement and remands to the trial court to vacate the convictions and sentences for Class B felony child molesting and Class D felony sexual battery.
Jared W. Baehl v. State of Indiana (NFP)
87A01-1311-CR-515
Criminal. Remands for clarification as to the offense of which Baehl was convicted.
Indiana Supreme Court
Natural Resources Defense Council v. Poet Biorefining- North Manchester, LLC, Poet Biorefining- Cloverdale, LLC, Central Indiana Ethanol, Inc., et al.
49S02-1405-MI-313
Miscellaneous. IDEM was not required to formally amend Indiana’s state implementation plan with the EPA to effectuate its change in how it interprets the regulatory phrase “chemical process plant.” IDEM’s interpretation to exclude fuel ethanol plants under the definition of “chemical process plant” is legally permissible.
The Indiana Supreme Court has accepted three cases on transfer, including one that divided the Court of Appeals regarding a jury award to the widow of a motorcyclist injured in a crash.
Former Marion County deputy prosecutor David Wyser has resigned from the practice of law rather than face proceedings by the Indiana Supreme Court Disciplinary Commission.
Because a man’s firearm enhancement is based on the same behavior used to convict and sentence him for carrying a handgun without a permit, the Indiana Supreme Court vacated the conviction and five-year enhancement.
The Indiana Court of Appeals reversed the sale of several mobile homes through an auction in Hendricks County after finding the buyer did not comply with statutory requirements regarding timelines for conducting an auction.
The Indiana Court of Appeals rejected a man’s claim that his decision to waive his right to a jury trial deserves some mitigating consideration when sentencing him. The judges affirmed Timothy McSchooler’s three-year prison sentence for strangling his girlfriend.
The Indiana Supreme Court on Tuesday affirmed the decision by state environmental agencies to no longer consider fuel ethanol plants to be a “chemical process plant” under the Clean Air Act. By removing fuel ethanol plants from this classification, those plants may not be subject to stricter regulations.
Purdue University is continuing efforts to keep secret a report about the ouster of the Fort Wayne campus chancellor, even though federal and state judges have ruled it isn't protected by attorney-client privilege.
Federal prosecutors from across the country are gathering in Indianapolis to discuss ways to reduce the number of guns in the hands of criminals and other violent crime initiatives.
Indiana Court of Appeals
In Re the Matter of Z.G., J.C., and H.H.: Children Alleged to Be Children in Need of Services S.H. (Mother) & K.G. (Father of Z.G.) v. The Indiana Department of Child Services (NFP)
52A02-1403-JC-160
Juvenile. Affirms finding children are children in need of services.
7th Circuit Court of Appeals
James M. Sweeney, et al. v. Gov. Michael Pence, et al.
13-1264
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Civil. Affirms dismissal of union’s lawsuit arguing the Right to Work Act violates union members’ rights under the U.S. Constitution and is preempted by federal labor legislation. The legislation is not preempted by the scheme of federal labor law and does not violate any constitutional rights. Judge Tinder for the majority writes that the controversy of the law needs to be addressed legislatively, not through the courts. Chief Judge Wood dissents.
The 7th Circuit Court of Appeals on Friday affirmed that Steak n Shake Enterprises Inc. cannot compel several of its franchisees to engage in nonbinding arbitration regarding claims brought by the franchisees in federal court. Steak n Shake tried to force arbitration after the restaurants already sued over the requirement all restaurants must adhere to company pricing and promotions.
Because three Latin Kings gang members took plea deals with the government after they were charged with several counts – including conspiracy to participate in racketeering – that limited their ability to appeal, the 7th Circuit Court of Appeals threw out their appeals Friday.
A split panel on the 7th Circuit Court of Appeals has affirmed the decision by a federal judge in northern Indiana to dismiss a lawsuit brought by a union challenging Indiana’s right-to-work law. The majority concluded the law does not violate the union members’ rights under the U.S. Constitution nor is it preempted by federal labor legislation.
Merrillville attorney Bruce Parent has been named as a judge in the Lake Superior Court, Civil Division.
Indianapolis Colts owner Jim Irsay must submit to drug testing for a year after pleading guilty Tuesday to a misdemeanor count of driving while intoxicated stemming from his arrest after a traffic stop in March.