Public asked to comment on magistrate’s reappointment
The United States District Court for the Southern District of Indiana is accepting comments on whether Magistrate Judge Craig M. McKee should be recommended for reappointment.
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Target files brief in Indiana case in support of gay marriage
Target Corp. is adding its name to a legal defense of gay marriage, joining other large companies that are taking a stand, just four years after the retailer came under criticism for supporting a strident opponent of same-sex unions. The company has filed a court brief backing marriage equality in the case pending before the 7th Circuit Court of Appeals invovling Indiana and Wisconsin same-sex marriages.
Commission to select next Indiana Supreme Court leader
The Indiana Supreme Court is about to get its second new leader since 2012.
Opinions Aug. 5, 2014 ILD
Indiana Court of Appeals
Joshua Devine v. State of Indiana (NFP)
49A05-1312-CR-604
Criminal. Affirms 16-year sentence for Class B felony attempted robbery.
The City of Sullivan v. North American Latex Corp, Kenneth Wayne Plummer, and Others Owning Property (NFP)
77A01-1401-PL-11
Civil plenary. Affirms order granting the remonstrance petitions of North American Latex Corp., et al., and declaring the city’s proposed annexation of an adjacent parcel to be invalid.
Opinions Aug. 5, 2014
7th Circuit Court of Appeals
Marilyn R. Boley v. Carolyn W. Colvin, acting commissioner of Social Security
13-1252
U.S. District Court, Southern District of Indiana, Evansville Division. Chief Judge Richard L. Young.
Civil. Vacates District Court’s dismissal of Boley’s petition for judicial review of the decision by an administrative law judge that denied her request for a hearing on the denial of benefits. Remands with instructions to decide whether substantial evidence and appropriate procedures underlie the decision that she lacks “good cause” for her delay in seeking intra-agency review. Overrules Watters v. Harris, 656 F. 2d 234 (7th Cir. 1980).
7th Circuit affirms man not entitled to habeas relief
Although a federal judge erroneously held that a savings clause did not apply to a habeas petition filed by an inmate in Terre Haute, the 7th Circuit Court of Appeals affirmed the dismissal based on the merits of the petition.
7th Circuit overrules decades-old precedent, orders more proceedings on benefits case
The 7th Circuit Court of Appeals reversed the dismissal by a federal judge of a woman’s petition for judicial review of the decision to deny rehearing her request for Social Security disability benefits. In doing so, the judges overruled a 1980 7th Circuit decision with similar facts.
Supreme Court denies blogger’s petition for rehearing
The Indiana Supreme Court will not reconsider its decision affirming Daniel Brewington’s intimidation convictions, which arose from inflammatory posts on a blog that threatened a judge.
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.
Ex-US Attorney Hogsett eyes Indy mayoral run
Former U.S. Attorney Joe Hogsett says he's considering a 2015 run for mayor of Indianapolis.
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).
IU Maurer IP clinic joins select U.S. Patent Office pilot program
The intellectual property clinical program, established earlier this year at the Indiana University Maurer School of Law, has been certified for pro bono practice before the U.S. Patent Office.
Indiana ethics cases find frustration in lack of disclosure
The three major ethics cases involving Indiana officials this year have one thread that ties them together: frustration from ethics watchdogs over a lack of disclosure and transparency.
Change to public employee annuities spurs exodus in Porter County
A northwestern Indiana judge will lose a combined 67 years of experience this month when all three of his employees retire.
Opinions Aug. 1, 2014 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions by IL deadline.