Judges order protective order extension recalculated
Finding a 28-year extension of a protective order to be unreasonable, the Indiana Court of Appeals ordered the trial court to determine a “reasonable extension.”
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COA rules against former Junior Achievement boss in defamation suit
The Indiana Court of Appeals affirmed that a central Indiana organization and its president did not defame the former president of Junior Achievement of Central Indiana or tortiously interfere with a business relationship.
Constitutional convention proponents to meet in Indiana Statehouse
The movement to convene a constitutional convention aimed at reining in the power of the federal government is coming to Indianapolis June 12 and 13.
Dickson stepping down as chief justice
Indiana Chief Justice Brent Dickson announced Wednesday that he will step down as chief justice sometime before Sept. 1. Dickson plans on staying on the Supreme Court as an associate justice until he reaches the mandatory retirement age of 75 in July 2016.
Uninsured coverage doesn’t include property damage in hit-and-run accident
The Indiana Supreme Court Tuesday affirmed summary judgment for an insurance company that its motor vehicle policy issued to a family does not provide uninsured motorists coverage in a hit-and-run accident.
Opinions June 10, 2014 ILD
Indiana Court of Appeals
Kevin M. Barber v. State of Indiana (NFP)
53A01-1310-CR-464
Criminal. Affirms denial of motion to correct erroneous sentence.
Latoya C. Lee v. State of Indiana (NFP)
49A02-1310-CR-867
Criminal. Affirms convictions and sentence for Class B felony attempted aggravated battery but remands with instructions to correct error in the abstract of judgment.
Robert F. Petty v. State of Indiana (NFP)
72A05-1310-CR-538
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon.
Michael A. Riley v. Oscar and Linda Sandlin (NFP)
32A01-1310-PL-453
Civil plenary. Affirms judgment in favor of the Sandlins on Riley’s action alleging conversion.
Ted Mueller, Jr. v. State of Indiana (NFP)
82A05-1305-CR-240
Criminal. Affirms convictions of murder and Class C felony conspiracy to commit robbery.
Dwayne Anderson v. State of Indiana (NFP)
49A04-1309-CR-468
Criminal. Affirms conviction of possession of marijuana as a Class A misdemeanor.
Brandon Kincheloe v. State of Indiana (NFP)
03A05-1312-CR-640
Criminal. Dismisses appeal filed after Kincheloe’s petition was revoked.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions June 10, 2014
7th Circuit Court of Appeals
Eric Grandberry v. Brian Smith, superintendent, Plainfield Correctional Facility
12-2081
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses discipline and revocation of 30 days of Grandberry’s good-time credits for unauthorized use of an electronic device. Remands with instructions to issue a writ of habeas corpus restoring Grandberry’s good-time credits. Library staff asked him to use the computer to fill out forms that he was not supposed to complete as head inmate law clerk.
COA affirms judgment in coverage dispute between insurance companies
The Indiana Court of Appeals affirmed a trial court’s judgment regarding indemnification clauses and coverage under insurance policies. The issue came before the trial court after a worker sought compensation for severe injuries he sustained when he was electrocuted on the construction site of a Wal-Mart in Boone County.
Judges order good-time credit reinstated
The head inmate law clerk at an Indiana correctional facility is entitled to the 30 days of good-time credit that the prison revoked after finding he used the library’s computers without authorization. But the inmate was just following orders from prison library staff, the 7th Circuit Court of Appeals pointed out.
Bankruptcy Court seeks volunteers for pro bono panel
The United States Bankruptcy Court for the Southern District of Indiana is accepting new volunteers who would like to work on the court’s Bankruptcy Pro Bono Panel.
COA: Schools required to transport students for free
The Indiana Court of Appeals ruled Tuesday that Indiana students cannot be charged to ride the bus to and from school. The judges found an arrangement between a school corporation and a private company that required parents to pay for their children to ride the bus violated the state constitution.
Radio personality Vaughn files suit against WTLC parent
Kelly Vaughn alleges in a federal discrimination lawsuit that Radio One showed preferential treatment to male co-worker Amos Brown by firing her but retaining him after they worked on an outside project. IBJ.com has more on the lawsuit.
Opinions June 9, 2014 ILD
Indiana Court of Appeals
Michael Dustin Moore v. State of Indiana (NFP)
47A01-1308-CR-350
Criminal. Affirms conviction of Class B felony dealing in a Schedule I controlled substance.
Jarod G. Allred v. State of Indiana (NFP)
65A01-1309-CR-393
Criminal. Reverses two convictions of Class B felony dealing in a Schedule III controlled substance. Judge Bailey dissents.
Nathaniel Baston v. State of Indiana (NFP)
85A05-1311-CR-559
Criminal. Affirms revocation of probation.
In the Matter of the Adoption of H.S. and D.S., R.S. v. V.C. and M.C. and D.S. and S.S. (NFP)
85A02-1311-AD-996
Adoption. Affirms order granting petitions to adopt H.S. and D.S.
In the Matter of Commitment of E.L., E.L. v. Indiana University Health-Bloomington Hospital and Terri Klingelhoefer, MA, LSW (NFP)
53A05-1311-MH-571
Mental health. Dismisses appeal of temporary involuntary commitment since the commitment ended Jan. 13.
Bageera Taylor, Jr. v. State of Indiana (NFP)
76A04-1307-CR-328
Criminal. Reverses sentence for Class D felonies strangulation and residential entry and remands for further proceedings. Judge Robb dissents.
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions Monday prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions Monday before IL deadline.
Opinions June 9, 2014
7th Circuit Court of Appeals
Matthew Whitfield v. International Truck and Engine Corp.
13-1876
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms in part and reverses in part ruling in favor of International Truck and Engine Corp. on Whitfield’s action alleging discrimination in failure to hire and violations of the Civil Rights Act. The District Court ignored some evidence or made conclusions not supported by the evidence. Remands for further proceedings.
7th Circuit reverses ‘troubling’ ruling in discrimination case
Because a District Court judge made several errors in analyzing the evidence brought by an African-American electrician in his lawsuit alleging he wasn’t hired because of his race, the 7th Circuit Court of Appeals reversed judgment in favor of the company.
Nonprofit unable to prove it is entitled to charitable tax exemption
The Indiana Tax Court Friday upheld the decision to deny a charitable purposes exemption for the 2006 tax year to a Bartholomew County nonprofit that provides housing for low-income residents. The court agreed the nonprofit failed to show that its rental properties qualified for the exemption under I.C. 6-1.1-10-16.
Justices decline injured officer’s benefits case
The Indiana Supreme Court will leave in place the amount of disability benefits an Indianapolis police officer will receive after he was shot in the line of duty.
BMV wants judge to reconsider vanity plate ruling
The Indiana Bureau of Motor Vehicles is asking a judge to reconsider an order that it resume the state's personalized license plate program. IBJ.com has more on the BMV's request.
NCAA amateurism trial gets under way
Former National Collegiate Athletic Association players seeking to share in $800 million in annual broadcast revenue are challenging their amateur status in a trial seen as potentially leading to teen athletes with agents, fewer teams and lawsuits by marching bands. IBJ.com has more about the trial that began Monday in California.
School designed for juvenile offenders gets approval
Juvenile offenders in Indianapolis will have new programs catering to their educational needs starting next year. The city will be the first in the nation to open a charter school designed for youth passing through the juvenile court system and other troubled students. IBJ.com has more on the new venture.