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Dean’s Desk: IU Maurer alumni, students exemplify hard work, integrity
IU Maurer Dean Austen Parrish writes in his first Dean’s Desk column about recent inductees into the school’s Academy of Law Alumni Fellows and how their successes can inspire current students.
Court video project exposes problems
The Supreme Court wanted feedback on a pilot project using an audio-video record as the official appellate transcript in three Indiana courts. Lawyers at a recent discussion on the topic appear to favor pulling the plug.
Rise of the zombie house
When a bank files a motion to set aside a foreclosure judgment, often the courts consider the filing good news, assuming the lender and the homeowner have reached a settlement. But things aren’t always what they seem, and courts can be at risk of being duped.
Opinions April 21, 2014 ILD
Indiana Court of Appeals
James Clark v. State of Indiana (NFP)
48A02-1305-CR-416
Criminal. Affirms convictions and sentence for Class C felony robbery and two counts of Class D felony theft.
Rodney S. Perry Sr. v. State of Indiana (NFP)
45A03-1309-CR-369
Criminal. Reverses dismissal of petition for additional credit time not awarded by the Indiana Department of Correction, concluding that Perry had exhausted his administrative remedies. Remands to the trial court to entertain the petition on the merits without delay.
Laura Jones v. State of Indiana (NFP)
49A02-1307-PC-651
Post conviction. Affirms denial of post-conviction relief.
Thomas D. Dillman v. State of Indiana (NFP)
53A05-1307-CR-331
Criminal. Affirms denial of motion to correct erroneous sentence for conviction of Class A misdemeanor operating a vehicle while intoxicated.
Yansie G. Norment v. State of Indiana (NFP)
20A04-1308-PC-390
Post-conviction. Affirms denial of petition for post-conviction relief.
The Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions April 21, 2014
Indiana Court of Appeals
Old Utica School Preservation, Inc., Kenneth Morrison, Scott Sandefur, and Pamela Sandefur v. Utica Township, John Durbin, Utica Township Trustee, Jacobs Well, Inc., Kevin Williar, John Posey, et al.
10A05-1308-PL-388
Civil plenary. Reverses trial court grant of summary judgment in favor of Utica Township defendants and remands for proceedings on their claims. Old Utica School Preservation plaintiffs are entitled under the public standing doctrine to proceed with their claim that the township violated language in a quitclaim deed requiring the former school to be operated by the township solely for park and recreation purposes. Plaintiffs sued when the township leased the building for purposes including temporary housing or a halfway house for criminal offenders.
Reversal: Neighbors may intervene in environmental cleanup case
Businesses neighboring an Indianapolis industrial property that was forced to clean up hazardous chemicals were improperly shut out of litigation involving the city and state, the Indiana Court of Appeals ruled Monday.
Brandeis home being sold at auction
The boyhood home of the late Supreme Court of the United States Justice Louis Brandeis, credited as the place where he began developing the social philosophy that underscored his legal career, is going on the auction block.
Ethics case tests rules of ‘citizen legislature’
When the House Ethics Committee meets this week to review the case of House Speaker Pro Tem Eric Turner, members will have to examine shades of gray in deciding which conflicts of interest are acceptable and which ones go too far, in large part because of the Indiana General Assembly's status as a "citizen legislature." IBJ has the story.
Utica school preservationists win reversal, get day in court
Clark County residents who sued township officials over how a former school in the Ohio River community of Utica was being used will get to plead their case, the Indiana Court of Appeals ruled Monday, reversing a trial court order for the township.
7th Circuit affirms Wisconsin’s limits on unions, Indiana RTW challenge remains
While still considering a challenge to Indiana’s right-to-work law, the 7th Circuit Court of Appeals has affirmed Wisconsin’s statute limiting the collective bargaining power of some public sector unions.
Opinions April 18, 2014 ILD
The 7th Circuit Court of Appeals issued no Indiana opinions prior to IL deadline. The Indiana Supreme Court, Court of Appeals and Tax Court are closed April 18 in observance of Good Friday.
Lake Station mayor pleads not guilty to fraud charges
Lake Station, Ind., Mayor Keith Soderquist pleaded not guilty Thursday to federal charges that he and his wife took more than $18,000 from his campaign account. Soderquist, his wife Deborah Soderquist, and stepdaughter entered the pleas during a federal court hearing a day after prosecutors announced grand jury indictments charging them with wire fraud and filing false tax returns. IBJ has the story.
Lawsuit challenges Illiana Tollway
Environmental groups have filed a lawsuit to stop the proposed $1.3 billion Illiana Tollway linking northern Illinois and northwestern Indiana. The suit claims the Illinois Department of Transportation doesn't have authority to develop it. IBJ has the story.
Brokers fear criminal justice complex could harm downtown Indianapolis
Creating a new criminal justice complex outside of downtown Indianapolis will mean big changes for the Mile Square, and some real estate brokers think the transition will be painful.
Ethics Committee schedules hearing to review legislator’s actions
The House Committee on Ethics has scheduled a meeting to review whether Rep. P. Eric Turner violated legislative ethics when he pushed caucus members to vote against a bill that would have potentially hurt his family’s business interests.
Judges uphold custody award of non-biological child to stepfather
The Indiana Court of Appeals affirmed an award granting a man primary physical custody of his child with his ex-wife, as well as her daughter from a previous relationship.
Judge: Assessor waived objection
The Indiana Tax Court denied the Jefferson County assessor’s request that a couple’s appeal of the assessment of their residential real property be dismissed, finding the assessor waived her objection to the timeliness of the couple’s administrative record request.
COA reverses award of attorney fees to couple
The Indiana Court of Appeals found a trial court erred in awarding attorney fees to a couple that sued their insurer following a car accident. The trial court ruled that GEICO litigated the claim in bad faith.
Opinions April 17, 2014 ILD
Indiana Court of Appeals
Joshua Cornett v. State of Indiana (NFP)
49A02-1308-CR-730
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
In Re: the Marriage of: Gordon Somerville v. Effie K. Somerville (NFP)
49A02-1308-DR-735
Domestic relation. Vacates trial court’s judgment in part because husband established a prima facie error with regard to the trial court’s valuations of marital property and remands with instructions.
K.P. v. State of Indiana (NFP)
87A04-1307-JV-384
Juvenile. Affirms adjudication that K.P. committed two acts that would be child molesting if committed by an adult.
Michelle D. Gauvin v. State of Indiana (NFP)
79A02-1306-PC-542
Post conviction. Affirms denial of petition for post-conviction relief.
Thomas Curtis Edmond v. State of Indiana (NFP)
45A03-1303-PC-90
Post conviction. Affirms denial of petition for post-conviction relief.
Gwendolyn F. Jones v. State of Indiana (NFP)
48A02-1308-CR-678
Criminal. Affirms convictions of Class B felony robbery and Class C felony battery and remands with instructions to enter judgment upon Jones’ felony intimidation conviction as a misdemeanor and resentence her.
Patrick R. Taylor v. Jason Evans, Curtis Evans, and Chrystal Evans (NFP)
49A02-1303-CT-195
Civil tort. Affirms dismissal of Taylor’s personal injury action for failure to comply with a discovery order.
Daniel Torres v. State of Indiana (NFP)
48A05-1305-CR-267
Criminal. Affirms conviction of Class C felony sexual misconduct with a minor.
Barbara Wiggles v. Sandlian Management Corporation d/b/a U-Stor Self-Storage (NFP)
49A02-1306-CT-511
Civil tort. Affirms decision to grant U-Stor’s motion to strike Wiggles’ affidavit and its decision to grant U-Stor’s motion for judgment on the pleadings.
Ben L. Macon v. State of Indiana (NFP)
02A03-1309-CR-364
Criminal. Affirms denial of Macon’s motion to sever and hold two separate trials.
The Indiana Supreme Court posted no decisions Thursday prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions prior to IL deadline.