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A Wabash College fraternity pledge’s injury claim resulting from alleged hazing, ruled on recently by the Indiana Supreme Court, turned not on whether he was hazed inside the frat house, but on who may be liable.
A bill winding through the Statehouse would alter Indiana environmental regulatory process by shifting most of the authority to enact new rules from the executive branch to the Legislature.
The process of retiring, the nuts and bolts of how to exit a legal practice, is as important for attorneys as saving for retirement and maintaining a healthy lifestyle.
Judges of the U.S. District Court of the Southern District of Indiana are among the nation’s busiest. They have been for years, and that’s unlikely to change anytime soon.
At the end of a long conversation about the Indiana University Robert H. McKinney School of Law, Dean Andrew Klein showed his passion for the law.
A dispute pitting long hair against an attempt to promote a clean-cut image of Hoosier boys’ basketball is headed for overtime since the 7th Circuit Court of Appeals found a high school’s hair-length requirements pertaining only to male basketball players violated equal protection and Title IX.
Indiana Court of Appeals
Richard Wilkins v. State of Indiana (NFP)
49A05-1306-CR-309
Criminal. Affirms conviction of Class B felony dealing in a narcotic drug. Reverses and remands with instructions to vacate conviction for Class B felony conspiracy to commit dealing in a narcotic drug. Concludes Wilkins’ convictions violated double jeopardy.
In the Matter of the Termination of the Parent-Child Relationship of: K.R. (minor child); S.R. (Mother) v. The Indiana Department of Child Services (NFP)
02A05-1308-JT-400
Juvenile. Affirms involuntary termination of S.R.’s (mother) parental rights to her child, K.R.
In the Matter of the Termination of the Parent-Child Relationship of: C.M. & J.H. (Minor Children) and C.M. (Mother) v. The Indiana Department of Child Services (NFP)
45A04-1309-JT-456
Juvenile. Affirms involuntary termination of C.M.’s (mother) parental rights to minor children C.M. and J.H.
The Indiana Supreme Court and the Indiana Tax Court did not post any opinions by IL deadline.
7th Circuit Court of Appeals
University of Notre Dame v. Kathleen Sebelius, Secretary of U.S. Department of Health & Human Services, et. al. and Jane Doe 1, et al.
13-3853
Civil. Affirms on interlocutory appeal denial of an injunction blocking enforcement of the Affordable Care Act’s contraception mandate, holding that the requirement that the university submit a form opting out of paying for contraception services for women did not trigger provision of those services which insurers are required to provide under the law. Circuit Judge Joel Flaum dissented, holding that Notre Dame has shown a likelihood of success on the merits and he would therefore reverse the order denying the injunction.
A former officer in the Indiana Department of Correction had her claims of employment discrimination and retaliation rejected by the 7th Circuit Court of Appeals on the grounds she failed to provide supporting evidence.
The Indiana Supreme Court will review a case in which the Court of Appeals tossed an indirect civil contempt of court finding but let stand fines against a nurse accused of making false statements about the mental health of a co-worker that led to emergency detention.
The Indiana Court of Appeals instructed a trial court to do the work necessary before entering an order garnishing a parent’s money for child support.
A divided 7th Circuit Court of Appeals panel affirmed denial of a temporary injunction sought by the University of Notre Dame to block enforcement of the contraception mandate contained in the Affordable Care Act.
A man convicted and sentenced to 45 years in prison for a brutal attack that left his 77-year-old victim hospitalized for months failed to persuade the Court of Appeals that evidence of the victim’s prior offenses had been wrongly excluded at his trial.
A man’s felony conviction was overturned after a split Indiana Court of Appeals ruled that the detective’s testimony about how he identified and found the man was inadmissible hearsay.
Applicants for Indiana’s July bar exam may now access an online application at the Indiana Board of Law Examiners’ website.
Another recent incident of video streamed online that could compromise criminal courts has led judges in Marion County to consider a blanket policy restricting cellphone use in courtrooms.
A representative of Indianapolis Mayor Greg Ballard told Marion Superior judges Friday that the site of a proposed Criminal Justice Complex is still under consideration, as is who might be considered to build the facility.
Indiana Court of Appeals
In the Matter of: S.G. and M.H. (Minor Children), Children Alleged to be Children in Need of Services, and P.G. (Mother) v. Indiana Department of Child Services (NFP)
49A02-1307-JC-612
Juvenile. Affirms the judgment of the juvenile court. Finds the evidence was sufficient to support the Children in Need of Services adjudication.
Tommy Dawson v. State of Indiana (NFP)
49A02-1307-CR-584
Criminal. Affirms conviction of battery resulting in bodily injury, a Class A misdemeanor.
Timothy W. Woolum, Sr. v. State of Indiana (NFP)
48A02-1306-CR-560
Criminal. Affirms trial court’s revocation of Woolum’s probation and order that he serve the remainder of his suspended sentence in the Indiana Department of Correction.
Ronrico J. Hatch v. Kathleen Brita (NFP)
02A05-1307-SC-374
Small claim. Affirms dismissal on grounds that the limitation period had passed.
Don Rudd v. Adam Compton (NFP)
29A04-1306-PL-294
Civil plenary. Affirms denial of Rudd’s motion to correct error. Finds the trial court did not err in ordering Rudd to compensate Adam Compton for $24,684.29 in damages to his RV.
Patrick M. McVady v. Rebecka R. Pickett-McVady (NFP)
91A02-1308-DR-675
Domestic relation. Affirms denial of Patrick McVady’s request to modify his court-ordered life insurance payments and reduce his child support payments.
John C. Oosta v. State of Indiana (NFP)
20A03-1307-CR-251
Criminal. Affirms Oosta’s conviction of two counts of child molesting, both Class C felonies, and his aggregate 12-year sentence.
The Indiana Supreme Court and the Indiana Tax Court released no opinions by IL deadline. The 7th Circuit Court of Appeals released no Indiana opinions by IL deadline.
Indiana Court of Appeals
In the Matter of: TLC, a Child Alleged to be a Delinquent Child v. State of Indiana
60A01-1308-JV-377
Juvenile. Affirms commitment of TLC to the Indiana Department of Correction. Finds TLC did not receive unequal treatment and his due process rights were not violated. Rules that the juvenile court had an adequate factual basis to conclude that TLC was guilty of what would be the crime of resisting law enforcement, a Class A misdemeanor, if committed by an adult. Concludes the state sufficiently proved that TLC committed what would have been battery, a Class B misdemeanor, had it been committed by an adult.
Two attorneys with experience serving the Indiana Utility Regulatory Commission have been appointed to the commission by Gov. Mike Pence.