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Counsel’s conflict, misconduct bar class certification in tax sale suit

August 22, 2014

A federal judge cited an attorney’s conflict of interest, misconduct and relative inexperience in rejecting his bid to certify a class in a lawsuit over costs of redeeming property after tax sales.

Tax Court affirms racquet club assessments

August 22, 2014

The Indiana Tax Court affirmed 2002 property tax assessments of the Indianapolis Racquet Club Thursday.

NCAA files intent to appeal O’Bannon decision

August 22, 2014

The NCAA has notified the 9th U.S. Circuit Court of Appeals that it intends to appeal a judge's ruling in the Ed O'Bannon case that it violated antitrust laws.

2 attorneys to argue for same-sex marriage before 7th Circuit

August 22, 2014

In a rare move, two attorneys will share the podium and argue before the 7th Circuit Court of Appeals that Indiana’s law defining marriage as only between one man and one woman is unconstitutional.

Judge apologizes for remarks some found offensive

August 21, 2014

A northeastern Indiana judge apologized Thursday for saying at a public retirement reception for court staff members that one of the female retirees could have a second career as a phone-sex operator.

Opinions Aug. 21, 2014 ILD

August 21, 2014

Indiana Court of Appeals
Darryll Beamon v. State of Indiana (NFP)
49A05-1312-CR-632
Criminal. Reverses conviction of Class D felony theft and remands for resentencing on Beamon’s conviction of resisting law enforcement.

Latorrea D. Ware v. State of Indiana (NFP)
20A03-1401-CR-18
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony maintaining a common nuisance.

John Naylor v. State of Indiana (NFP)
31A01-1301-PC-4
Post conviction. Affirms denial of pro se petition for post-conviction relief.

Antonio D. Rose v. State of Indiana (NFP)
45A03-1312-PC-478
Post conviction. Affirms denial of petition for post-conviction relief.

Kurnie Nickson v. State of Indiana (NFP)
48A02-1307-CR-658
Criminal. Affirms convictions of two counts of battery – one as a Class C felony for being committed by means of a deadly weapon and one as a Class A misdemeanor for resulting in serious bodily injury. Reverses sentence because it is inappropriate and remands for resentencing.

Darryl J. Goodwin v. State of Indiana (NFP)
18A05-1309-CR-468
Criminal. Affirms conviction and sentence for two Class C felony counts of stalking and Class D felony residential entry.

Leonard Abshier, III v. State of Indiana (NFP)
82A05-1401-CR-19
Criminal. Affirms revocation of probation.

Megan Renea Mecum v. State of Indiana (NFP)
82A04-1401-CR-4
Criminal.  Affirms convictions of murder, Class D felony theft, Class A misdemeanor invasion of privacy and Class C felony conspiracy to commit robbery.

David Jones v. State of Indiana (NFP)
49A02-1312-CR-1032
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

John Watson v. State of Indiana (NFP)
49A02-1312-CR-1025
Criminal. Affirms murder conviction.
 

Opinions Aug. 21, 2014

August 21, 2014

Indiana Court of Appeals
James S. Littrell v. State of Indiana
79A02-1401-CR-24
Criminal.  Affirms conviction of Class B felony possession of cocaine. Finds Littrell’s right to a fast and speedy trial was not violated, the evidence is sufficient to support his conviction, and his sentence is appropriate. Remands for the sole purpose of correcting a typographical error in the guilty plea and sentencing orders.

COA affirms man’s speedy trial request not violated

August 21, 2014

The Indiana Court of Appeals Thursday affirmed the 25-year sentence handed down to a man whose erratic driving led police to pull his vehicle over and discover cocaine on the passenger. The judges found his right to a fast and speedy trial was not violated and the evidence supports that he jointly possessed the cocaine.

Northern District bankruptcy judge seeks reappointment

August 21, 2014

The Judicial Council of the 7th Circuit is inviting the public and members of the bar to comment as to whether U.S. Bankruptcy Chief Judge Robert E. Grant of the Northern District of Indiana should be reappointed to a new 14-year term.

Duke can charge ratepayers for time construction delayed on Edwardsport plant

August 21, 2014

The Indiana Court of Appeals has affirmed grant of Duke Energy Indiana’s request to include the amount spent during an 80-day delay in construction of the coal gasification plant in Edwardsport in a rate adjustment rider. Several parties intervened, claiming construction delays attributable to Duke should not be chargeable to ratepayers.

Man pleads guilty in fatal Purdue campus attack

August 21, 2014

A court official said the man accused in the fatal shooting and stabbing of a fellow Purdue University student pleaded guilty Thursday to murder.

At new immigration clinic, ‘We’re all family’

August 20, 2014

At its most basic level, Lafayette Urban Ministry's immigration services clinic is about family. That notion was in the forefront of Jefferson High School senior Devon Wolfe's mind as he designed the logo for the newly launched clinic.

Judge denies stay in right-to-work law case

August 20, 2014

A northwest Indiana judge has rejected a request by the Indiana attorney general's office that he put on hold his order striking down the state's right-to-work law until the state Supreme Court rules on a similar case.

Opinions Aug. 20, 2014 ILD

August 20, 2014

Indiana Court of Appeals
Westport Homes, Inc. v. Greg Penley and Pam Penley (NFP)
30A01-1403-SC-120
Small claim. Reverses small claims judgment in favor of the Penleys over a breach of contract claim involving a refrigerator. Remands with instructions to enter judgment in favor of Westport.

David Johnson and Ieva S. Johnson and Eva G. Sanders and Joseph K. and Michelle Yeary v. Indiana Department of Environmental Management and Town of Whitestown (NFP)
06A05-1310-PL-506
Civil plenary. Affirms dismissal of the appellants’ petition for judicial review.

Larry Love v. State of Indiana (NFP)
49A04-1311-CR-553
Criminal. Affirms denial of motion to suppress.

Simone Smith v. State of Indiana (NFP)
49A02-1401-CR-21
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Jason G. Squier v. State of Indiana (NFP)
41A01-1311-CR-500
Criminal. Affirms conviction and sentence for Class C felony robbery.

Eric J. Smith v. State of Indiana (NFP)
02A03-1311-CR-449
Criminal. Affirms convictions of murder and Class B felony possession of a firearm by a serious violent felon.

Citi Capital Financial LLC v. Huntington National Bank (NFP)
29A02-1307-PL-643
Civil plenary. Affirms order granting partial summary judgment in favor of Huntington in a lien property dispute between it and City Capital.

In the Matter of the Termination of the Parent-Child Relationship of, A.C., Minor Child, and A.C., Father v. The Indiana Department of Child Services (NFP)
34A05-1402-JT-89
Juvenile. Affirms termination of father’s parental rights.

Brandon Brummett v. State of Indiana (NFP)
49A02-1304-CR-378
Criminal. Grants rehearing and affirms reversal of Brummett’s convictions for child molesting due to prosecutorial misconduct.

Rayshawn Winbush v. State of Indiana (NFP)
48A02-1401-PC-32
Post conviction. Affirms denial of amended petition for post-conviction relief.
 

Opinions Aug. 20, 2014

August 20, 2014

Indiana Court of Appeals
Goodrich Quality Theaters, Inc. and Roncelli, Inc. v. Fostcorp Heating and Cooling, Inc., Wilson Iron Works, Inc., Johnson Carpet, Inc., d/b/a Johnson Commercial Interiors
64A03-1308-PL-318
Civil plenary. Affirms ruling in favor of Fostcorp Heating and Cooling and other appellees on various breach of contract claims and foreclosure of mechanic’s liens stemming from the construction of a movie theatre. Roncelli’s appeal was timely filed and the judgments are supported by the findings. It was an abuse of discretion for the trial court to award attorney fees, so reverses those fees in favor of the appellees.

Companies can’t recover attorney fees from general contractor

August 20, 2014

The judgments awarded against the general contractor in the construction of a Portage movie theater are supported by the evidence, the Indiana Court of Appeals affirmed Wednesday. But, the trial court should not have awarded the contractors who sued attorney fees under the mechanic’s lien statute.

Journey’s Account Statute applies to proposed medical malpractice complaint

August 20, 2014

The Indiana Court of Appeals Wednesday affirmed that the Journey’s Account Statute applies to revive a proposed medical malpractice complaint filed on behalf of a woman’s granddaughter as her guardian.

7th Circuit grants city, mayor’s request for stay

August 20, 2014

The doctrine of “pendent appellate jurisdiction” allows the city of Anderson to ask the District Court to stay proceedings in a case alleging city employees were fired because of political affiliation, ruled the 7th Circuit Court of Appeals. The case against the city is directly tied to the result of the case against the city’s mayor.

Same-sex marriage memo keeps Pence as defendant in lawsuit

August 20, 2014

A federal judge ruled Tuesday that Indiana must recognize same-sex marriages performed in other states, but says the ruling doesn’t take effect until the 7th U.S. Circuit Court of Appeals rules on the issue.

Indiana wants ban on abortion pill law lifted

August 20, 2014

An Indiana law that would require Planned Parenthood to stop performing drug-induced abortions at a Lafayette clinic or make significant upgrades to the facility wouldn't block women's access to the procedure, attorneys for the state contend.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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