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.
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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.
IMPD lawyer to be deposed in councilor’s wrongful arrest case
Lawyers for Indianapolis City-County Councilman Joseph Simpson may depose a city attorney about legal advice she gave in another case regarding a state statute at the heart of Simpson’s wrongful arrest case, a federal judge ruled Friday.
Opinions June 6, 2014 ILD
Indiana Court of Appeals
Commissioner of Labor ex rel Vincent Scialdone and Antimo Scialdone v. An Island, LLC (NFP)
62A01-1312-PL-548
Civil plenary. Affirms trial court decision to not order An Island LLC to pay any 2010 wages to Antimo or Vincent Scialdone and to not award the plaintiffs attorney fees.
Charles Howlett v. State of Indiana (NFP)
49A04-1312-CR-600
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions June 6, 2014
Indiana Court of Appeals
Commissioner of Labor ex rel Vincent Scialdone and Antimo Scialdone v. An Island, LLC (NFP)
62A01-1312-PL-548
Civil plenary. Affirms trial court decision to not order An Island LLC to pay any 2010 wages to Antimo or Vincent Scialdone and to not award the plaintiffs attorney fees.
Youth Summer Legal Institute set for IU McKinney
Teenagers interested in legal careers will learn from judges, lawyers and other legal professionals at a program June 16-20 at Indiana University Robert H. McKinney School of Law in Indianapolis.
State bar solo and small conference examining future of law
The 2014 Indiana State Bar Solo & Small Firm Conference runs through Saturday and the theme of the 13th annual conference is “The Future of Law.”
Court orders defendants to wear leg restraints at trial
A federal judge in Terre Haute has granted the government’s request that two defendants wear modified leg irons at an upcoming jury trial due to their violent criminal histories – both outside of prison and while incarcerated. The men face charges stemming from the murder of a fellow inmate.
Federal court seeks comment on local sentencing procedure rule
The U.S. District Court for the Southern District of Indiana has determined there is a need to amend Local Criminal Rule 13.1 on sentencing procedure and is accepting comment on the proposed changes.
Opinions June 5, 2014 ILD
The Indiana Tax Court released the following opinions after IL deadline Wednesday:
Nick Popovich v. Indiana Department of State Revenue (NFP)
49T10-1010-TA-53
Tax. Reaffirms decision to deny Popovich’s second motion to compel because he had not complied with the requirements of Ind. Trial Rule 26(F).
Thursday’s opinions
Indiana Court of Appeals
Curtis Oakes v. State of Indiana (NFP)
41A01-1308-PC-379
Post conviction. Affirms denial of petition for post-conviction relief.
Keith Scruggs v. State of Indiana (NFP)
49A05-1307-PC-341
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Tax Court posted no opinions by IL deadline Thursday. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Opinions June 5, 2014
Indiana Tax Court
Jaklin Idris and Dariana Kamenova v. Marion County Assessor
49T10-1108-TA-49
Tax. Finds the Indiana Board of Tax Review did not err in upholding the 2006 assessment of Idris’ and Kamenova’s condominium unit. Rejects their claims the board abused its discretion in finding that Kamenova failed to establish that their property was entitled to an obsolescence adjustment, and in determining that the assessments of the three other units in their building failed to show that their property was over-assessed; and that the board erred in upholding their assessment given the assessor’s improper use of the “one unit multiple units” classification.