IU Maurer creates partnership with Princeton University
Indiana University Maurer School of Law’s effort to find and recruit well-qualified undergraduates has hit a milestone, developing a partnership with an Ivy League institution.
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Appeals court reverses summary judgment in freezing-fog fall
A medical worker who sued her employer after slipping and falling in a parking lot made slick by freezing fog may proceed with her lawsuit, a divided Court of Appeals panel ruled, reversing summary judgment in favor of a Richmond hospital.
Appeals court bounces IURC ruling favoring Duke on Edwardsport plant
The Indiana Utility Regulatory Commission failed to comply with laws and regulations when it approved an order allowing Duke Energy to pass along to ratepayers certain construction costs for the $3 billion Edwardsport coal gasification plant in Knox County.
Federal judges allows sex discrimination lawsuit against Catholic diocese to continue
A Fort Wayne school teacher’s allegation of sex discrimination against the Diocese of Fort Wayne – South Bend Inc. can proceed after a federal judge found a jury should decide the issue.
Opinions Sept. 5, 2014 ILD
Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.G., Minor Child, and Her Mother, S.V., S.V. v. Indiana Department of Child Services (NFP)
02A04-1403-JT-105
Juvenile. Affirms termination of parental rights.
Jordan W. Buskirk v. State of Indiana (NFP)
28A01-1404-CR-172
Criminal. Affirms 81-year executed sentence following a guilty plea to Class A felony charges of murder and conspiracy to commit murder and Class B felony conspiracy to commit rape.
Anthony W. McGriff v. State of Indiana (NFP)
90A02-1312-CR-1014
Criminal. Affirms eight-year sentence for conviction of Class B felony burglary.
Shaun Cox v. State of Indiana (NFP)
48A05-1312-CR-588
Criminal. Affirms 40-year sentence for convictions of five counts of Class A felony child molesting.
Jeffrey S. Burke v. State of Indiana (NFP)
52A02-1402-CR-64
Criminal. Affirms revocation of probation.
In the Matter of the Termination of the Parent-Child Relationship of: R.W. & K.W., Minor Children, and B.W., Father v. The Indiana Department of Child Services (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2014/september/09051405msm.pdf
79A02-1402-JT-120
Juvenile. Affirms termination of parental rights.
M.M. v. State of Indiana (NFP)
49A04-1312-JV-622
Juvenile. Affirms placement in a secure juvenile facility following violation of a court-ordered curfew and adjudication as delinquent for conduct that would be Class D felony theft if committed by an adult.
In re the Adoption of E.H. and M.H., S.H. and B.S. v. M.S. and S.S. and the Indiana Department of Child Services (NFP)
27A02-1401-AD-35
Adoption. Affirms denial of S.H. and B.S.’s motion to intervene in the adoption of minor children E.H. and M.H. by M.S. and S.S.
Cynthia S. Giema v. Chrysler Group, LLC, Bosak Motor Sales, Inc., Will Farrellbegg, Jerry P. Giema and Rosemary Giema, Cynthia R. Novotny, and Kathy Willman (NFP)
37A04-1402-PL-76
Civil plenary. Affirms grant of summary judgment in favor of Chrysler Group, LLC.
Theola Ann Heggler v. State of Indiana (NFP)
71A03-1312-CR-490
Criminal. Dismisses as untimely Heggler’s appeal of her conviction of Class D felony welfare fraud.
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 finds Indiana’s marriage law irrational and unconstitutional
Indiana’s assertion that preventing same-sex marriage encourages responsible procreation among heterosexuals was unequivocally rejected in a blistering opinion from the 7th Circuit Court of Appeals, which said the state’s argument could not be taken seriously.
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.
Bike rider loses ‘no duty to stop’ argument in resisting appeal
A bicycle rider convicted by a jury of resisting law enforcement lost his appeal Friday on his argument that he had no duty to stop after an Indianapolis police officer tripped his siren and followed him in his cruiser.
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.
7th Circuit: Gay marriage bans in Indiana, Wisconsin unconstitutional
The 7th Circuit Court of Appeals has affirmed federal court rulings in Indiana and Wisconsin invalidating the states’ prohibitions of same-sex marriage.
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.