Thomas to resign as Indiana’s inspector general
The only person to serve as Indiana's top ethics watchdog since the position of inspector general was created in 2005 is planning to leave.
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Director of northeast Indiana pro bono organization died July 3
Terry McCaffrey, the executive director of the Volunteer Lawyer Program of Northeast Indiana, died July 3. He was 55.
Opinions July 7, 2014 ILD
Indiana Court of Appeals
James Toy v. State of Indiana (NFP)
02A03-1311-CR-446
Criminal. Affirms conviction of Class A misdemeanor intimidation.
In the Matter of the Termination of the Parent-Child Relationship of: J.S. (minor child); N.W. (Mother) v. The Indiana Department of Child Services (NFP)
48A02-1309-JT-778
Juvenile. Affirms involuntary termination of parental rights.
Anthony Neumeister v. City of Greenfield, Indiana (NFP)
30A01-1309-PL-387
Civil plenary. Affirms termination of Neumeister’s employment.
Maurice V. Brown v. State of Indiana (NFP)
45A04-1311-CR-554
Criminal. Affirms sentence for Class D felony stalking.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions July 7, 2014
Indiana Court of Appeals
Z.A. v. State of Indiana
49A02-1311-JV-973
Juvenile. Reverses adjudication that Z.A. committed what would be Class D felony theft if committed by an adult. The state did not prove that Z.A. exerted unauthorized control over the television he and his mother purchased together when he took it from his mother’s home over her objection.
Justices to answer whether fund can pursue claim against an insurer
The Indiana Supreme Court has accepted a certified question from a federal court in northern Indiana in a case filed by the Indiana Patient Compensation Fund against a professional liability insurance provider involving claims against former doctor Mark Weinberger.
State can’t prove teen stole television he owned with his mother
In an issue of first impression involving the statutes defining Class D felony theft, the Indiana Court of Appeals reversed a teen’s adjudication of theft for removing a television that he and his mother purchased together from his mother’s home over her objection.
Judges uphold man’s resisting law enforcement conviction
Finding the evidence to be sufficient to support a man’s conviction of misdemeanor resisting law enforcement, the Indiana Court of Appeals affirmed his conviction Monday. The judges also found no error in the trial court’s instructions to the jury.
Nonprofits’ contraceptive cases next for justices
How much distance from an immoral act is enough? That's the difficult question behind the next legal dispute over religion, birth control and the health law that is likely to be resolved by the Supreme Court of the United States.
‘0INK’ vanity plate fight could go to Legislature
A fuss over a police officer's vanity plate has blown up into a constitutional debate that could lead to the Indiana General Assembly deciding whether to rewrite the law or stop selling personalized license plates altogether.
Opinions July 3, 2014 ILD
Indiana Court of Appeals
William H. Royal, II v. State of Indiana (NFP)
02A05-1311-CR-584
Criminal. Affirms convictions of Class B felony robbery resulting in bodily injury and Class D felony theft. Reverses conviction of Class A misdemeanor battery resulting in bodily injury and remands with instructions to reduce Royal’s battery conviction to a Class B misdemeanor and impose a new sentence for that offense.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions July 3, 2014
7th Circuit Court of Appeals
Gene Williams on behalf of Pamela J. Townsend v. Carolyn W. Colvin, acting commissioner of Social Security
13-3607
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Magistrate Judge John E. Martin.
Civil. Reverses District Court’s affirmation of the administrative law judge’s decision that Townsend became totally disabled as of Nov. 1, 2008.
Kentucky gay marriage ban nixed, but no weddings yet
Gay marriage advocates nationwide heralded the ruling striking down deeply conservative Kentucky's ban on same-sex marriage as a significant milestone, though matrimonies won't begin in earnest there anytime soon.
Property conveyed by the entirety includes presumption of right of survivorship
In a question of first impression, the Indiana Court of Appeals Thursday held that when a property is conveyed by the entirety, there is a presumption the grantor intended to convey the property with the right of survivorship. It does not matter if the individuals are not husband and wife.
Judges order SSA to determine if father is entitled to daughter’s disability benefits
The 7th Circuit Court of Appeals Wednesday sent a case back to the Social Security Administration after finding an administrative law judge’s decision that a woman was not totally disabled until Nov. 1, 2008, “deeply flawed.”
Divided 7th Circuit revives Marion County Small Claims suit
More than eight months after Judge Richard Posner argued in a dissent that Newsom v. Friedman needs to be overruled, the 7th Circuit Court of Appeals did just that in an en banc decision involving Marion County’s Township courts.
Lawsuit: Afghanistan subcontractor cheated workers
Federal investigators are examining whether a military subcontractor underpaid scores of medical workers in Afghanistan, pocketing federal funds that the government intended the company use to pay its employees.
Happy 4th of July!
Indiana Lawyer Daily will not publish Friday in observance of the July 4 holiday.
Counties worry about cost of criminal code changes
Sweeping changes to Indiana's criminal code took effect Tuesday that will send more low-level, nonviolent criminals to community corrections programs and jails instead of state prisons, causing concern by some about the financial burden it will put on counties.
Opinions July 2, 2014 ILD
Indiana Court of Appeals
Charlotte Wiggins v. State of Indiana (NFP)
49A02-1311-CR-972
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.
Robin Shannon v. State of Indiana (NFP)
49A02-1312-CR-1010
Criminal. Affirms conviction of Class D felony theft.
David Wickizer v. State of Indiana (NFP)
49A05-1310-CR-518
Criminal. Affirms conviction of Class A misdemeanor battery.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions July 2, 2014
Indiana Supreme Court
In the Matter of: Steve L. Brejensky
29S00-1205-DI-277
Discipline. Imposes at least one-year suspension without automatic reinstatement based on Brejensky’s conviction of Class A misdemeanor conversion and lack of remorse. He may be reinstated only after proving his remorse, rehabilitation and fitness to practice law. The costs of the proceeding are assessed against him.