Southern District local rules changing Feb. 10
The U.S. Bankruptcy Court for the Southern District of Indiana has amended its local rules and those changes will take effect Feb. 10.
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Court finds interview is not a violation of professional conduct rules
A federal magistrate in Hammond has ruled there were no violations of the Indiana Professional Rules of Conduct when defense counsel interviewed a potential witness in preparation for trial after discovery had closed.
Reprimand issued for ALJ in IURC-Duke scandal
A former administrative law judge with the Indiana Utility Regulatory Commission has been reprimanded by the Indiana Supreme Court, which ruled this week that a harsher sanction was unwarranted because he’d already been punished enough for seeking a job with Duke Energy while making rulings concerning the utility.
Opinions Feb. 5, 2014 ILD
Indiana Court of Appeals
Steven Winters v. State of Indiana (NFP)
49A02-1307-CR-630
Criminal. Affirms conviction of Class B misdemeanor battery.
Christopher King v. Karen Patrick (NFP)
49A02-1305-PL-461
Civil plenary. Affirms King’s conversion conviction and the calculation of damages.
Alexander Trueblood v. State of Indiana, County of Marion, City of Indianapolis (NFP)
49A02-1210-OV-868
Ordinance violation. Affirms speeding infraction.
Posted after IL deadline Tuesday:
In Re the Involuntary Termination of the Parent-Child Relationship of T.S., C.S., and I.S.: S.R. v. The Indiana Department of Child Services and Child Advocates, Inc. (NFP)
49A04-1307-JT-354
Juvenile. Affirms termination of parental rights.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Opinions Feb. 5, 2014
7th Circuit Court of Appeals
Kendale L. Adams, et al. v City of Indianapolis
12-1874
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. In a consolidated appeal, affirms entry of summary judgment for the city on the officers’ disparate-treatment claims because the plaintiffs had not produced any evidence that using the test results to make promotions was a pretext for discrimination. Affirms dismissal of new claims brought as barred by res judicata because the same eligibility list generated by the testing process was at issue in the first case.
COA: Lifetime suspension of driving privileges is not a punishment
The Indiana Court of Appeals rejected a man’s claim that his lifetime suspension of driving privileges is cruel and unusual punishment, upholding the suspension. They held the suspension is not punitive.
Special prosecutor sought in Clark County Drug Court matter
Problems in a southern Indiana drug court – including the jailing of multiple people for months without due process – have led to a formal request for a special prosecutor.
COA replaces opinion on post-conviction ruling with corrected version
Acknowledging that the state is correct when it claims the Indiana Court of Appeals relied on the wrong Supreme Court decision in affirming the denial of a petition for post-conviction relief, the appellate court issued a new opinion Wednesday.
Senator steers clear of beer wholesaler legal battle
The Indiana Legislature won't interfere with beer wholesaler Monarch Beverage Co.'s quest in federal court for the right to distribute liquor.
Court prevents mother from relocating to Hawaii with daughter
The Indiana Court of Appeals agreed with a trial court Wednesday that it is not in the best interests of a child to move to Hawaii with her mother and stepfather.
7th Circuit rules for city on discrimination claims brought by black officers, firefighters
The 7th Circuit Court of Appeals has affirmed summary judgment for the City of Indianapolis in two lawsuits brought by dozens of black police officers and firefighters over the examination process used by the city for promotions.
Ruling prevents county from subrogating damages after courthouse fire
The Indiana Court of Appeals Tuesday adopted the “majority approach” in a waiver of subrogation issue and concluded a southern Indiana county waived its right to subrogate any and all claims covered by its property insurance. Jefferson County sued contractors after its courthouse caught fire during renovations in 2009.
Man is first charged under federal human trafficking law
U.S. Attorney Joe Hogsett announced Tuesday that his office has filed a nine-count federal indictment against an Indianapolis man for human trafficking. These are first-of-a-kind charges in Indiana, according to the U.S. Attorney’s Office in the Southern District of Indiana.
Southern District courts delay opening Wednesday
All locations of the United States District Court, Bankruptcy Court and Probation Office for the Southern District of Indiana will delay opening until noon local time. The delayed schedule is due to the winter storm approaching Indiana Tuesday evening.
Lawmakers fly through bills to meet deadlines, beat weather
The Indiana General Assembly has adjourned for the week after working quickly to move bills out of the House of Representatives and Senate by their respective deadlines. The legislators also kept an eye on a winter storm heading toward Indiana Tuesday.
Opinions Feb. 4, 2014 ILD
Indiana Court of Appeals
Jerry Cooper v. State of Indiana (NFP)
02A03-1309-CR-366
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon and remands with instructions to correct a sentencing error.
James B.Wynne v. Review Board of the Indiana Department of Workforce Development and Thyssenkrupp Presta (NFP)
93A02-1306-EX-536
Agency action. Affirms finding that Wynne voluntarily left his employment without good cause.
Steven Smith v. State of Indiana (NFP)
22A05-1306-CR-317
Criminal. Affirms conviction of Class A felony attempted dealing in cocaine and adjudication as a habitual offender. Remands with instructions that the trial court clarify in its records that it did not enter a judgment of conviction on Class B felony possession of cocaine.
Paul Fletcher v. National Financial Services d/b/a Fidelity Investments and Mark Zupan (NFP)
45A03-1306-PL-211
Civil plenary. The trial court did not err in considering the issue of the ownership of the 401(k) account because Fidelity filed a complaint for interpleader of the account and the parties filed a joint motion acknowledging that the account was at issue. The trial court erred in granting Zupan’s motion for summary judgment because Fletcher designated some evidence creating a genuine issue of material fact with regard to forgery. The trial court did not abuse its discretion when it closed discovery after the case had been pending for more than three years.
Ramon Santana, Jr. v. State of Indiana (NFP)
45A03-1306-CR-213
Criminal. Affirms convictions of Class B felony rape and criminal deviate conduct.
Bradly Hornsby v. State of Indiana (NFP)
49A02-1306-CR-523
Criminal. Affirms convictions of Class B misdemeanors public intoxication and disorderly conduct.
Brian Brough v. C. Richard Rush (NFP)
88A04-1304-PL-204
Civil plenary. Affirms summary judgment in favor of Rush on Brough’s legal malpractice complaint.
Junius U. Brooks v. State of Indiana (NFP)
02A04-1305-CR-266
Criminal. Affirms sentence for Class B felony robbery.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions Feb. 4, 2014
7th Circuit Court of Appeals
Eric Smith v. Executive Director of the Indiana War Memorials Commission, et al.
13-1939
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses denial of Smith’s motion for a preliminary injunction against the enforcement of a policy that requires a permit before gathering on commission properties. The new policy, revised shortly after the District Court denied the motion, retains the problematic features of the old policy. Also, Smith has met the requirements for obtaining a preliminary injunction. Remands with instructions to enter an appropriate preliminary injunction.
Judges order injunction against enforcement of permit policy
A man who wanted to protest a proposed United Nations arms treaty on Indianapolis’ Monument Circle in 2012 but was kicked off the property because of a lack of permit was victorious in the 7th Circuit Court of Appeals Tuesday.
COA affirms disability benefit for injured officer
Noting that the statute is ambiguous, the Indiana Court of Appeals found the Indiana Public Retirement System’s longtime use of a formula to calculate the disability benefits of a police officer shot while in the line of duty to be reasonable.
Evidence supports CHINS finding, COA affirms
Based on evidence that a mother continued to have extensive problems with drugs and violent relationships with her children’s fathers, the Indiana Court of Appeals affirmed the determination that a woman’s two young children were children in need of services.