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Judges reverse 8 forgery convictions based on fake ballot signatures

A St. Joseph County man charged with multiple counts of forgery after falsifying signatures on an election ballot petition for Barack Obama in 2008 was not prejudiced when the state was allowed to amend the charging information at the end of his trial. But, the Indiana Court of Appeals held the evidence only supports convicting him of one count of forgery, not nine.

First responders support gay marriage in Indiana

Dozens of Indiana firefighters, police officers and emergency medical workers say a federal appeals court should uphold same-sex marriage in Indiana and Wisconsin for the sake of the families of gay first responders, a spokeswoman said Monday.

Plea deal rejected for ex-Indiana county auditor

Lawyers are reworking an agreement under which a former county auditor in southern Indiana was expected to plead guilty to criminal charges of wrongly paying personal expenses with county-issued credit cards.

Opinions Aug. 4, 2014 ILD

Indiana Court of Appeals
Domingo Gonzalez v. State of Indiana (NFP)
12A04-1312-CR-643
Criminal.  Affirms convictions of Class D felony criminal confinement and Class B misdemeanor unauthorized entry of a motor vehicle.

Tiffany Thompson, Jason Thompson, and Cassie Thompson v. Fields Gutter & Siding, Inc., Pamela Sue Fields, and Michael C. Ford, Jr. (NFP)
32A05-1403-CT-131
Civil tort. Affirms summary judgment in favor of Fields Gutter & Siding Inc., Fields and Ford on the Thompsons’ lawsuit alleging FGS was liable for Ford’s negligent acts under the theory of respondeat superior and the company breached its common law duty to use reasonable care.

Eric P. Mains v. Citibank, NA as Trustee for WAMU Series 2007-HE2 Trust (NFP)
10A04-1309-MF-450
Mortgage foreclosure. Affirms summary judgment against Mains in a mortgage foreclosure action brought against him and Anna V. Mains by Citibank.

Antoinette Crosslin v. Review Board of the Indiana Department of Workforce Development and Kenya Hamilton (NFP)
93A02-1305-EX-413
Agency action. Affirms determination Crosslin is ineligible for unemployment benefits.

 

Opinions Aug. 4, 2014

7th Circuit Court of Appeals
Bruce Carneil Webster v. John F. Caraway, Warden, United States Penitentiary, Terre Haute
14-1049
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Affirms dismissal of Webster’s petition for collateral relief under 28 U.S.C. Section 2241. Agrees with District Court’s decision that the petition is blocked by Section 2255(e), under which Webster had previously sought collateral relief in the Fifth Circuit Court of Appeals, the circuit where he had committed his crime.

Indiana Court of Appeals

Death row inmate denied relief by 7th Circuit

An Arkansas man on death row in Indiana for killing a woman in Texas nearly 20 years ago was unable to convince the 7th Circuit Court of Appeals that he should not be put to death. Bruce Carneil Webster argues he is mentally retarded and has new evidence that would affect his sentence.

Executives choose to do a ‘digital detox’

With the advent of the smartphone, people now never really leave work. But a growing number of people are now seeking a kind of digital detox at least once a year by unplugging all of their devices. It’s a decision that creates anxiety, but one executive who recently did it said the payoff was priceless. Read more at IBJ.com (subscription required). 

Opinions Aug. 1, 2014 ILD

The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions by IL deadline.
 

Opinions Aug. 1, 2014

7th Circuit Court of Appeals
United States of America v. Constantino Cejas and Nicholas Ceja
12-3896 & 13-1034
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane E. Magnus-Stinson
Criminal. Affirms brothers’ convictions for conspiring to distribute drugs, possessing and distributing 50 grams or more of methamphetamine and possessing a firearm to further their drug activity. Also affirms Constantino’s sentence of 480 months imprisonment. Rules the video taken outside the home where the drug deal occurred was properly authenticated and was not barred by Federal Rule of Evidence 403. Finds there was sufficient evidence to convict Nicholas for possession with intent to distribute and distribution of methamphetamine. Finally, concludes Constantino’s second firearm possession conviction did not violate double jeopardy and congressional intent.

Testimony properly authenticates video

A video showing two brothers outside a home where a drug deal occurred was properly authenticated for trial, the 7th Circuit Court of Appeals ruled.

Two promoted in state attorney general’s office

Former Chief Deputy Attorney General Gary Secrest will take over as assistant attorney general, a new post. Deputy Attorney General Matt Light will succeed Secrest as the chief deputy attorney general.

District courts warn of new juror scam

Once again, the federal courts are warning of a juror scam designed to trick unsuspecting people into giving their personal information.

Minkler promoted to acting U.S. Attorney

Josh J. Minkler, 51, was named Friday to lead the federal prosecutor’s office for the Southern District of Indiana. As acting U.S. attorney, Minkler replaces former U.S. Attorney Joe Hogsett, whose final day on the job was Thursday.

State courts open bidding for e-filing manager

The Indiana Division of State Court Administration is soliciting competitive bids for a statewide electronic filing manager to assist with the coming requirement for electronic filing in trial courts.