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Judge believes caselaw has ‘unintended consequences’ for residents, law enforcement

March 18, 2014

In a divided opinion in which the Indiana Court of Appeals affirmed a man’s resisting law enforcement finding and probation revocation, Judge Paul Mathias worried that relying on certain caselaw would have “unintended consequences” for Hoosiers and police officers.

Brown v. Board of Ed plaintiff first Indiana Tech distinguished lecturer

March 18, 2014

Indiana Tech Law School’s inaugural distinguished lecturer is Cheryl Brown Henderson, one of the plaintiffs in the historic Supreme Court of the United States’ decision Brown v. Board of Education of Topeka, Kansas.

Convictions stand related to ‘upskirt’ photographs of teens

March 18, 2014

The Indiana Supreme Court has upheld the attempted child exploitation convictions of a man who used a camera to take pictures up females' skirts at an Indianapolis mall.

Athletes claim in lawsuit NCAA and 5 top conferences are a ‘cartel’

March 18, 2014

The National Collegiate Athletic Association and five top conferences are a “cartel” that generates billions of dollars in revenue and illegally caps the pay of student athletes, a group of football and basketball players claim in a lawsuit that seeks to reshape college sports. IBJ.com has more on the antitrust complaint filed Monday by four athletes. 

Mother loses appeal of CHINS finding

March 18, 2014

The Indiana Court of Appeals rejected a mother’s argument that child in need of services findings should be vacated because the judge in the matter should not have been able to make a negative inference from her invocation of her Fifth Amendment right not to testify.

Valparaiso attorney charged with stealing $1.6M resigns

March 17, 2014

A Valparaiso attorney charged with five counts of theft for allegedly stealing more than $1.6 million from business clients he represented has resigned from the Indiana bar.

Justices take 4 cases

March 17, 2014

The Indiana Supreme Court accepted four cases on transfer last week, which included a decision on a first impression issue on whether third-party carriers are included in the statute regarding filing proposed medical malpractice complaints.

Opinions March 17, 2014 ILD

March 17, 2014

Indiana Court of Appeals
Eddie Horton v. State of Indiana (NFP)
49A05-1307-CR-323
Criminal. Affirms conviction of Class C felony child molesting.

Derrick Anthony Edwards v. State of Indiana (NFP)
45A04-1308-CR-414
Criminal. Affrms 12-year sentence for Class B felony dealing in a narcotic drug.

Todd A. Kiser v. State of Indiana (NFP)
43A05-1309-CR-461
Criminal. Affirms conviction and sentence for two counts of Class D felony residential entry and one count of Class D felony failure to appear.

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 March 17, 2014

March 17, 2014

Indiana Court of Appeals
Eddie Horton v. State of Indiana (NFP)
49A05-1307-CR-323
Criminal. Affirms conviction of Class C felony child molesting.

Robb honored by Indiana Commission for Women

March 17, 2014

Indiana Court of Appeals Judge Margret Robb was among those honored recently with a Torchbearer Award from the Indiana Commission for Women.

Opinions March 14, 2014 ILD

March 14, 2014

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: K.D., S.D., and I.D., Minor Children, and D.D., Father v. The Indiana Department of Child Services (NFP)
53A01-1307-JT-315
Juvenile. Affirms termination of parental rights.

Cleveland Munoz v. State of Indiana (NFP)
49A02-1307-CR-567
Criminal. Affirms convictions of two counts of Class C felony child molesting.

Jason Roudebush v. State of Indiana (NFP)
80A04-1301-PC-46
Post conviction. Affirms denial of petition for post-conviction relief.

Beverly K. Oswald v. CNB National Lending, LLC, Bryce A. Bly, Eric Swedenburg and Andrea Swedenburg (NFP)
82A01-1305-CC-223
Civil collection. Affirms order in favor of CNB, Bly and the Swedenburgs that concluded they did not breach the settlement and release agreement. Affirms separate award of attorney fees.

David Lee Robinson v. State of Indiana (NFP)
45A05-1308-CR-401
Criminal. Affirms sentence following guilty plea to Class C felony failure to register as a sex offender.

C.B. v. G.N. (NFP)
18A02-1308-JP-677
Juvenile. Affirms order requiring M.D.B. to assume the surname of his father G.N.

Mary Sparks v. Harborside Nursing Home (NFP)
93A02-1307-EX-616
Agency action. Affirms denial of claim for workers’ compensation benefits.

The Indiana Supreme Court and Tax Court posted no opinions Friday by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Opinions March 14, 2014

March 14, 2014

7th Circuit Court of Appeals
Leonard Thomas v. Keith Butts, et al.
12-2902
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Civil. Vacates dismissal of Thomas’ lawsuit against prison officials alleging deliberate indifference to his epilepsy in violation of the Eighth Amendment. The judge dismissed the suit without determining if Thomas was at fault for not paying the initial filing fee.

Insurance policy does not fall under Pre-Need Act

March 14, 2014

A Marion Superior Court correctly ruled that a company that sells an insurance policy with the option to assign it to a trust to use the funds for funeral services is not subject to the Pre-Need Act, the Indiana Court of Appeals ruled.

Challenges to Indiana’s same-sex marriage ban piling up in federal court

March 14, 2014

The American Civil Liberties Union of Indiana Friday filed a lawsuit in federal court challenging the state’s ban on same-sex marriage, becoming the third such complaint lodged against Indiana in a week.

Committee seeks comment on potential court rule changes

March 14, 2014

The Indiana Supreme Court Committee on Rules of Practice and Procedure would like to hear from judges, attorneys and the general public on proposed changes to the Indiana Rules of Court.

7th Circuit orders judge to reconsider dismissal of prisoner’s suit

March 14, 2014

Finding that a District Court judge should have tried to learn why an inmate had not paid his initial filing fee on a lawsuit before the judge dismissed it for nonpayment, the 7th Circuit Court of Appeals ordered the lower court to take another look at the case.

Justices: Mother entitled to attorney during CHINS proceedings

March 14, 2014

Because a mother was denied her statutory right to counsel during the course of child in need of services proceedings, and those proceedings directly flowed into the action to terminate her parental rights and adopt out her child, the Indiana Supreme Court vacated the judgment terminating her parental rights.

Injured bus driver entitled to $25,000 under his insurance policy

March 14, 2014

The Indiana Supreme Court Thursday held that a man can recover the remaining $25,000 available to him under his underinsured motorist policy because he did not receive the full statutory minimum of $50,000 from the tortfeasor’s insurer.

Opinions March 13, 2014 ILD

March 13, 2014

Indiana Court of Appeals
Caylin P. Black v. State of Indiana (NFP)
27A02-1212-PC-981
Post conviction. Affirms denial of petition for post-conviction relief.

George T. Bonin v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1304-EX-376
Agency action. Affirms determination that Bonin was ineligible for unemployment benefits.

City of Valparaiso, Indiana v. Richard and Janet Brown (NFP)
64A03-1307-PL-239
Civil plenary. Affirms order denying the city’s motion for summary judgment as to the Browns’ negligence claim and denying its motion to strike certain exhibits designated and relied upon by the Browns to defend against the city’s motion for summary judgment.

Vincent J. Castaneda v. State of Indiana (NFP)
02A03-1310-CR-416
Criminal. Affirms convictions of Class C felony disarming a law enforcement officer and two counts of Class D felony resisting law enforcement.

Jennifer Fleming v. State of Indiana (NFP)
02A03-1307-CR-257
Criminal. Affirms convictions of Class A felony dealing in methamphetamine; Class D felony possession of more than 10 grams of a precursor; and Class A misdemeanor possession of marijuana, hash oil, hashish, salvia or a synthetic drug.

Joseph Mike Barnett v. JDH Contracting (NFP)
32A01-1307-CT-332
Civil tort. Reverses summary judgment in favor of JDH. As a matter of law, JDH did not owe Barnett a duty pursuant to contract, but a genuine issue of material fact remains as to whether JDH assumed a duty to Barnett through its affirmative conduct.

Shawn Anderson v. State of Indiana (NFP)
49A02-1307-CR-607
Criminal. Affirms convictions of Class D felony criminal recklessness and Class A misdemeanor battery.

Dean R. Pressler v. State of Indiana (NFP)
92A03-1309-CR-351
Criminal. Affirms sentence following guilty plea to Class A felony child molesting, Class B felony sexual misconduct with a minor and Class D felony child seduction.

The Indiana Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 <

Opinions March 13, 2014

March 13, 2014

 Indiana Supreme Court
Joseph D. Hardiman and Jaketa L. Patterson, as Co-Administrators of the Estate of Britney R. Meux, Deceased v. Jason R. Cozmanoff
45S03-1309-CT-619
Civil tort. Affirms the trial court’s ordering the limited stay of discovery regarding only Cozmanoff in the estate’s wrongful death lawsuit against him and requiring him to answer the complaint. The civil suit was brought while criminal charges for Meux’s death were still pending. Notes the ruling does not mean the trial court was constitutionally required to impose the stay but that it did not abuse its discretion by so doing. Remands for further proceedings.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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