Split Supreme Court vacates transfer in re-entry case
The Indiana Supreme Court took action on one case last week, vacating the transfer it granted in April in a case challenging the termination from a county re-entry court program.
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Opinions July 8, 2014 ILD
Indiana Court of Appeals
Jasmine Davis v. State of Indiana (NFP)
49A05-1312-CR-610
Criminal. Affirms Class D felony theft conviction.
William Robert Tyler v. State of Indiana (NFP)
64A04-1402-CR-71
Criminal. Affirms conviction of Class C felony battery.
John R. Edwards v. Maryann Edwards (NFP)
64A03-1310-DR-423
Domestic relation. Affirms denial of John Edwards’ petition to emancipate and modification of custody and support.
Billie Jo Moore v. State of Indiana (NFP)
64A04-1309-CR-497
Criminal. Affirms conviction and sentence for Class B felony aggravated battery.
In the Matter of the Termination of the Parent-Child Relationship of: T.R. (Minor Child), and, C.C. (Father) v. Indiana Department of Child Services (NFP)
82A01-1311-JT-497
Juvenile. Affirms termination of parental rights.
Jubilee Investment Corp. v. BJ Thompson Associates, Inc. and BJ Thompson (NFP)
71A03-1401-CC-10
Civil collection. Affirms summary judgment in favor of BJ Thompson on the issue of whether he, as president and sole shareholder of BJ Thompson Associates Inc. executed a personal guaranty of a commercial lease.
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 8, 2014
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Julia Hutt v. AbbVie Products LLC
13-1481
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Affirms summary judgment in favor of AbbVie Products, formerly known as Solvay Pharmaceuticals, on Hutt’s age discrimination and retaliation claims and her state law claim asserting a violation of the Indiana Wage Payment Statute. The District Court correctly concluded that Hutt’s age discrimination claim fails under the direct method and she could not prove the company retaliated against her for filing a complaint with the EEOC. Finds Hutt failed to develop her bad-faith argument with regard to her claim alleging violation of the Wage Payment Statute.
Curry: 12-hour arrestee probable cause rule unrealistic
Marion County Prosecutor Terry Curry told judges Tuesday that a proposed rule requiring a probable cause determination within 12 hours of an arrest in major felony cases would “set up the criminal justice system to fail in many instances.”
Woman loses appeal of discrimination lawsuit against employer
The 7th Circuit Court of Appeals agreed with the lower court that a pharmaceutical company did not discriminate against a sales representative based on her age or retaliate against her for filing a complaint with the Equal Employment Opportunity Commission.
GOP state senator deploying to Afghanistan
A Republican state senator is heading overseas for military duty in Afghanistan and asking his wife to fill his seat while he is gone.
Deal proposed in ex-schools chief’s ethics case
The State Ethics Commission is set to review a proposed settlement Thursday in the ethics case against former Indiana Schools Superintendent Tony Bennett.
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.
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.