McDermott to seek another term as Hammond mayor
Attorney and Hammond Mayor Thomas McDermott Jr. says he'll seek re-election to that post but still is considering a run for governor in 2016.
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Rush named next chief justice, first female to lead the court
Loretta Rush was selected the next chief justice of the Indiana Supreme Court Wednesday by the seven-member Judicial Nominating Commission, which deliberated about an hour before naming her the first female chief justice in the state’s history.
“I appreciate the vote of confidence the JNC has given me,” Rush said after her unanimous selection. On being the first woman chief, she said, “I look forward to the day it’s unremarkable.”
Rush will succeed outgoing Chief Justice Brent Dickson, who announced earlier this year he will step down from the leadership position by Sept. 1, but will remain on the court. Dickson, who as chief justice also chairs the JNC, must retire from the court when he turns 75 in July 2016.
Rush named next chief justice
Loretta Rush was selected the next chief justice of the Indiana Supreme Court Wednesday by the seven-member Judicial Nominating Commission.
Opinions Aug. 6, 2014 ILD
Indiana Court of Appeals
Arthur Gutierrez, Jr. v. State of Indiana (NFP)
64A03-1309-CR-365
Criminal. Affirms conviction of Class A felony child molesting.
In the Matter of J.K., A Child in Need of Services, M.K., Father v. Marion County Department of Child Services and Child Advocates, Inc. (NFP)
49A02-1312-JC-1008
Juvenile. Affirms adjudication that J.K. is a child in need of services.
Jeffery A. Foster v. State of Indiana (NFP)
14A01-1311-CR-522
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury and imposition of $120 in costs and fees. Remands for hearing to assess Foster’s ability to pay an additional $48 in other fees.
Daniel Utterback v. State of Indiana (NFP)
34A02-1312-CR-1021
Criminal. Affirms seven-year sentence for Class C felony child molesting.
The Indiana Supreme Court and Tax Court released no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Aug. 6, 2014
Indiana Court of Appeals
Kevin Davis v. State of Indiana
49A05-1310-CR-523
Criminal. Affirms conviction of Class A felony robbery resulting in serious bodily injury. L.H.’s statements to police identifying Davis as participating in the beating and robbery were properly admitted, the trial court did not err when it determined two witnesses had made themselves unavailable and therefore allowed their depositions to be admitted into evidence at trial, and there is sufficient evidence supporting the conviction.
Man does not need to wait 3 years to file new expungement petition
The Indiana Court of Appeals granted a defendant’s petition for rehearing to address a “perhaps unique question” presented in his petition: Does he have to wait three years before he can file another petition to expunge the records of his Class A misdemeanor conviction?
Court correctly ruled man with terminated employment contract could retire
An employment contract between a certified public accountant and his employer did not prohibit the CPA from retiring from his position after the company announced it would not be renewing his contract, the Indiana Court of Appeals concluded Wednesday.
Women who dodged orders to appear at trial properly declared unavailable
The Indiana Court of Appeals affirmed a teen’s conviction of felony robbery, finding the trial court did not abuse its discretion in declaring two women unavailable for his trial and admitting their depositions at his trial.
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.
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.