No ‘clean hands’ in dispute over muscle car work, COA finds
A dispute over work done on a 1973 Dodge Challenger led the Indiana Court of Appeals Monday to find the car’s owner may challenge a mechanic’s lien that a shop used to auction the car.
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Task force makes recommendations for pro bono reporting
As the Indiana Supreme Court continues to consider mandating all Indiana attorneys report the number of pro bono hours they work, a task force has proposed that the donated hours be disclosed publicly only in an aggregate form rather than identifying the number of pro bono hours performed by an individual or a firm.
Hogsett resigns as U.S. Attorney
U.S. Attorney Joe Hogsett announced Monday he is resigning from office effective July 31 after leading the federal prosecutor’s office for the Southern District of Indiana since October 2010.
ACLU asks fed attorney to recognize Indiana gay marriages
Attorneys on Friday asked U.S. Attorney General Eric Holder to step in on behalf of hundreds of same-sex couples who were wed before a federal appeals court stayed an order striking down Indiana's gay marriage ban.
Dozing juror should have stayed in deliberations
A juror who gave the lone vote to acquit and eventually refused to deliberate did not meet the criteria for removal, the Indiana Court of Appeals has ruled.
Opinions July 11, 2014 ILD
Indiana Court of Appeals
In the Matter of the Adoption of D.M.B., D.P.B. (Father) v. T.M.N. (Stepfather) (NFP)
53A01-1312-AD-547
Adoption. Affirms grant of stepfather’s petition of adoption.
Andrea M. Fears and Edwin G. Fears v. Charles W. Asxom and Peggy L. Axsom as Trustees of the Charles W. Axsom and Peggy L. Axsom Revocable Trust (NFP)
07A04-1305-PL-243
Civil plenary. Affirms denial of the Fearses’ motion for summary judgment.
Racxon Cruze McDowell v. State of Indiana (NFP)
82A01-1311-CR-492
Criminal. Affirms conviction of murder.
In the Matter of the Termination of the Parent-Child Relationship of: D.R., Minor Child, and A.R., Father v. The Indiana Department of Child Services (NFP)
79A04-1312-JT-614
Juvenile. Affirms involuntary termination of father A.R.’s parental rights to D.R.
Damon Quarles v. State of Indiana (NFP)
49A02-1306-CR-588
Criminal. Affirms denial of petition for credit time not previously awarded.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions July 11, 2014
Indiana Court of Appeals
Scott A. Wright v. State of Indiana
45A05-1310-CR-526
Criminal. Vacates Wright’s conviction of Class A felony child molesting and remands for a new trial. Finds the trial court erred in replacing a juror during deliberations. The juror was the lone vote to acquit and had stopped deliberating but he was not prejudicing the other jurors nor impairing Wright’s right to a trial by jury. Moreover, the trial court failed to explain to the jury that the removal of the single juror was not because the court agreed or disagreed with the juror’s views.
New chief justice to be selected Aug. 6
The next chief justice of the Indiana Supreme Court will be chosen by the Judicial Nominating Commission Aug. 6, the court announced Friday.
Dissent: ‘No evidence’ tying convicted man to crime scene
While a majority of the Indiana Court of Appeals affirmed an Indianapolis man’s trespassing conviction, another judge warned in dissent that the ruling went against the tenet of proof beyond a reasonable doubt.
Ex-prosecutor to check Ball State investment fraud
A former federal prosecutor is being hired by Ball State University to review the handling of fraudulent investments that cost the school $13.1 million.
County treasurer’s attorneys want charges dropped
Attorneys for a central Indiana county treasurer want charges that he mishandled public money dismissed, arguing that other officials who've done the same thing haven't been prosecuted.
COA tosses injunction issued after alleged workplace threat
An injunction against an employee who allegedly told a company therapist that he was going to blow his supervisor’s head off is void because it arose from a labor dispute, the Indiana Court of Appeals ruled Friday.
COA affirms termination of parental rights for imprisoned mom
A trial court was within its authority to terminate the parental rights of a mother serving a minimum 10-year federal prison sentence for conspiracy to deal heroin, the Indiana Court of Appeals ruled.
7th Circuit reinstates CSX worker’s sex discrimination claims
The 7th Circuit Court of Appeals Thursday reinstated sex discrimination and retaliation claims from a woman who alleges she was denied opportunities to advance as a railroad yardmaster with CSX Transportation Inc.
Supreme Court vacates parental termination for jailed mom
A juvenile court abused it discretion by proceeding with a hearing and terminating a mother’s parental rights in her absence because she was in jail, the Indiana Supreme Court ruled Thursday. Her attorney’s failure to ensure she was heard from also denied her a fair hearing, justices ruled.
Opinions July 10, 2014 ILD
Indiana Court of Appeals
Gregory Benson v. State of Indiana (NFP)
71A03-1311-CR-469
Criminal. Affirms conviction and sentence for Class B felony robbery.
William C. Hoffman, Jr. v. State of Indiana (NFP)
15A01-1309-CR-401
Criminal. Affirms conviction of Class B felony attempted aggravated battery and aggregate 30-year sentence.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions July 10, 2014
7th Circuit Court of Appeals
Adam Hartman v. EBSCO Industries Inc., et al
13-3398
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment in favor of defendants on Hartman’s lawsuit alleging negligence and strict liability after he was injured accidently by a gun. Indiana has a 10-year statute of repose for products-liability actions and his gun was then 14 years old. There are two exceptions to the statute, but he cannot satisfy either one.
7th Circuit orders agency to reconsider denial of benefits
Finding the “logical bridge” between evidence and conclusion that is needed to affirm a denial of disability benefits was not “sound” in a case before them, the 7th Circuit Court of Appeals reversed a lower court’s affirmation of the denial of a woman’s Social Security disability benefits.
Too much time has passed for man to sue after rifle accident, 7th Circuit says
A lawsuit against a rifle manufacturer by an injured user was filed outside Indiana’s 10-year statute of repose for products-liability actions, the 7th Circuit Court of Appeals ruled Thursday. The man’s modification to his rifle did not extend the time he had to sue.
Ethics panel approves $5,000 fine against Bennett
Indiana's State Ethics Commission has approved a $5,000 fine against former state schools Superintendent Tony Bennett for using state resources in his 2012 campaign.