Justices take first impression insurance case
The Indiana Supreme Court has accepted three cases on transfer, including one that divided the Court of Appeals regarding a jury award to the widow of a motorcyclist injured in a crash.
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Ex-deputy prosecutor Wyser resigns from bar
Former Marion County deputy prosecutor David Wyser has resigned from the practice of law rather than face proceedings by the Indiana Supreme Court Disciplinary Commission.
Justices reverse conviction and sentence enhancement related to handgun
Because a man’s firearm enhancement is based on the same behavior used to convict and sentence him for carrying a handgun without a permit, the Indiana Supreme Court vacated the conviction and five-year enhancement.
COA sets aside auction of mobile homes
The Indiana Court of Appeals reversed the sale of several mobile homes through an auction in Hendricks County after finding the buyer did not comply with statutory requirements regarding timelines for conducting an auction.
Court upholds 3-year sentence for assault on girlfriend
The Indiana Court of Appeals rejected a man’s claim that his decision to waive his right to a jury trial deserves some mitigating consideration when sentencing him. The judges affirmed Timothy McSchooler’s three-year prison sentence for strangling his girlfriend.
State can exclude fuel ethanol plants from ‘chemical process plant’ classification
The Indiana Supreme Court on Tuesday affirmed the decision by state environmental agencies to no longer consider fuel ethanol plants to be a “chemical process plant” under the Clean Air Act. By removing fuel ethanol plants from this classification, those plants may not be subject to stricter regulations.
Purdue still wants ex-chancellor report secret
Purdue University is continuing efforts to keep secret a report about the ouster of the Fort Wayne campus chancellor, even though federal and state judges have ruled it isn't protected by attorney-client privilege.
US prosecutors from across nation meeting in Indy
Federal prosecutors from across the country are gathering in Indianapolis to discuss ways to reduce the number of guns in the hands of criminals and other violent crime initiatives.
Opinions Sept. 2, 2014 ILD
Indiana Court of Appeals
In Re the Matter of Z.G., J.C., and H.H.: Children Alleged to Be Children in Need of Services S.H. (Mother) & K.G. (Father of Z.G.) v. The Indiana Department of Child Services (NFP)
52A02-1403-JC-160
Juvenile. Affirms finding children are children in need of services.
Opinions Sept. 2, 2014
7th Circuit Court of Appeals
James M. Sweeney, et al. v. Gov. Michael Pence, et al.
13-1264
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Civil. Affirms dismissal of union’s lawsuit arguing the Right to Work Act violates union members’ rights under the U.S. Constitution and is preempted by federal labor legislation. The legislation is not preempted by the scheme of federal labor law and does not violate any constitutional rights. Judge Tinder for the majority writes that the controversy of the law needs to be addressed legislatively, not through the courts. Chief Judge Wood dissents.
Steak n Shake can’t force arbitration with disgruntled franchisees
The 7th Circuit Court of Appeals on Friday affirmed that Steak n Shake Enterprises Inc. cannot compel several of its franchisees to engage in nonbinding arbitration regarding claims brought by the franchisees in federal court. Steak n Shake tried to force arbitration after the restaurants already sued over the requirement all restaurants must adhere to company pricing and promotions.
7th Circuit dismisses 3 Latin Kings gang members’ appeals
Because three Latin Kings gang members took plea deals with the government after they were charged with several counts – including conspiracy to participate in racketeering – that limited their ability to appeal, the 7th Circuit Court of Appeals threw out their appeals Friday.
Divided 7th Circuit affirms dismissal of RTW challenge
A split panel on the 7th Circuit Court of Appeals has affirmed the decision by a federal judge in northern Indiana to dismiss a lawsuit brought by a union challenging Indiana’s right-to-work law. The majority concluded the law does not violate the union members’ rights under the U.S. Constitution nor is it preempted by federal labor legislation.
Solo practitioner named to Lake County bench
Merrillville attorney Bruce Parent has been named as a judge in the Lake Superior Court, Civil Division.
Irsay pleads guilty to misdemeanor in drug case
Indianapolis Colts owner Jim Irsay must submit to drug testing for a year after pleading guilty Tuesday to a misdemeanor count of driving while intoxicated stemming from his arrest after a traffic stop in March.
Tax Court reverses reduction in school corp.’s exempt debt service fund levy
The Indiana Tax Court on Friday overturned the decision by the Department of Local Government Finance to reduce the Gary Community School Corp.’s exempt debt service fund levy for the 2011 budget year. Judge Martha Wentworth found the state agency had no authority to reduce the levy.
Supreme Court recommends abolishing Marion County township courts
A report from the National Center for State Courts recommends the nine township small claims venues in Indianapolis transition into a unified section of Marion Superior Courts. The Indiana Supreme Court is asking lawmakers to abolish the current system and unify them with the Superior Courts’ Civil Division effective Jan. 1, 2016.
Same-sex couples seek to have their Indiana marriages recognized
Three same-sex couples who married in the days after Indiana’s marriage law was declared unconstitutional have filed a complaint in federal court, asserting the validity of their unions is not affected by the stay issued from the 7th Circuit Court of Appeals.
Victim’s mother wants inmate cleared for execution
The mother of an Indiana college student killed nearly 17 years ago says it is time for the man convicted of her murder and rape to be executed.
Man acquitted in triple-slaying seeks new judgment
A former Indiana State trooper acquitted last year in the slayings of his wife and two children is asking a judge to issue a judgment against a man convicted in the case nearly a decade ago, holding him accountable for their deaths.