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Opinions Sept. 2, 2014 ILD
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.
Opinions Sept. 2, 2014
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.
Steak n Shake can’t force arbitration with disgruntled franchisees
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.
7th Circuit dismisses 3 Latin Kings gang members’ appeals
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.
Divided 7th Circuit affirms dismissal of RTW challenge
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.
Solo practitioner named to Lake County bench
Merrillville attorney Bruce Parent has been named as a judge in the Lake Superior Court, Civil Division.
Irsay pleads guilty to misdemeanor in drug case
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.
Tax Court reverses reduction in school corp.’s exempt debt service fund levy
The Indiana Tax Court on Friday overturned the decision by the Department of Local Government Finance to reduce the Gary Community School Corp.’s exempt debt service fund levy for the 2011 budget year. Judge Martha Wentworth found the state agency had no authority to reduce the levy.
Supreme Court recommends abolishing Marion County township courts
A report from the National Center for State Courts recommends the nine township small claims venues in Indianapolis transition into a unified section of Marion Superior Courts. The Indiana Supreme Court is asking lawmakers to abolish the current system and unify them with the Superior Courts’ Civil Division effective Jan. 1, 2016.
Same-sex couples seek to have their Indiana marriages recognized
Three same-sex couples who married in the days after Indiana’s marriage law was declared unconstitutional have filed a complaint in federal court, asserting the validity of their unions is not affected by the stay issued from the 7th Circuit Court of Appeals.
Victim’s mother wants inmate cleared for execution
The mother of an Indiana college student killed nearly 17 years ago says it is time for the man convicted of her murder and rape to be executed.
Man acquitted in triple-slaying seeks new judgment
A former Indiana State trooper acquitted last year in the slayings of his wife and two children is asking a judge to issue a judgment against a man convicted in the case nearly a decade ago, holding him accountable for their deaths.
Gary courthouse fire forces shift in 2 more courts
Courts officials in northwestern Indiana have relocated two more courts to other buildings following an electrical fire that damaged part of a courthouse.
Justices halt ruling striking down right-to-work law
The Indiana Supreme Court on Friday put on hold a lower court judge's ruling striking down the state's right-to-work law and denied a request that it be consolidated with a similar case, clearing the way for the justices to hear arguments on the issue next week.
Note to readers
Indiana Lawyer Daily will not publish Sept. 1 in observance of the Labor Day holiday.
Court rules against FedEx in drivers’ labor case
A federal court has ruled that FedEx Corp. improperly classified about 2,300 drivers in California as independent contractors instead of employees.
Opinions Aug. 29, 2014 ILD
Indiana Court of Appeals
Julianna Eagan, formerly Julianna Paciorkowski v. Christopher Paciorkowski (NFP)
20A03-1312-DR-493
Domestic relation. Affirms determination that daughter J.P. repudiated her relationship with her father so that he was no longer obligated to pay her educational expenses.
Julius J. Rice v. State of Indiana (NFP)
49A05-1311-CR-552
Criminal. Affirms convictions of Class B felony criminal confinement, Class D felony criminal recklessness and Class A misdemeanor battery.
John Palatas v. State of Indiana (NFP)
89A05-1403-CR-134
Criminal. Affirms aggregate 45-year sentence following guilty plea to several drug charges.
Calvin Turner v. State of Indiana (NFP)
48A04-1403-CR-96
Criminal. Affirms three-year aggregate sentence imposed for convictions of two counts of Class D felony theft.
Kalan Murphy v. State of Indiana (NFP)
71A03-1311-CR-433
Criminal. Affirms conviction of Class C felony battery with a deadly weapon.
Bruce Johnson-El v. State of Indiana (NFP)
09A02-1302-PC-270
Post conviction. Affirms denial of motion to correct error.
Herman Gehl, II v. State of Indiana (NFP)
59A01-1401-PC-12
Post conviction. Affirms denial of petition for post-conviction relief.
Colby R. McKnelly v. State of Indiana (NFP)
30A05-1307-CR-378
Criminal. Affirms convictions and sentence for murder and Class C felony battery with a deadly weapon. Remands to correct an error in the abstract of judgment.
Charles E. Justise, Sr. v. Indiana Department of Correction (NFP)
49A05-1309-PL-462
Civil plenary. Affirms dismissal of complaint for failure to pay filing fees.
Quenton D. Davis v. State of Indiana (NFP)
02A05-1401-CR-28
Criminal. Affirms conviction of Class D felony domestic battery.
Jeffrey Elkins v. State of Indiana (NFP)
28A01-1404-CR-166
Criminal. Affirms sentence following guilty plea to Class D felony attempted theft.
Johnnylee Sims v. State of Indiana (NFP)
71A05-1403-CR-98
Criminal. Affirms conviction of Class C felony burglary.
Opinions Aug. 29, 2014
Indiana Court of Appeals
C.H. v. State of Indiana
49A02-1310-JV-904
Juvenile. Affirms officer’s stop of C.H. because he was believed to be a suspect in a crime and the order of restitution because C.H. never objected to the order he pay restitution. Reverses adjudication of what would be Class B misdemeanor unlawful entry of a motor vehicle because the same evidence was used to adjudicate C.H. of that charge and what would be Class A misdemeanor trespass. Remands for further proceedings.
Teen has 1 adjudication overturned, must still pay restitution
A teenager adjudicated as delinquent after it was determined he was in a stolen car was able to convince the Indiana Court of Appeals to reverse one of his adjudications due to double jeopardy. But, the teen must still pay restitution to the victims of his crimes.