Bill pledges greater gun immunity, protection for judges
Judicial officers would be granted the same ability to carry firearms and immunity as law enforcement officers under a bill introduced by the chairman of the Senate Judiciary Committee.
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Exclusive appeal notice filing with state clerk begins Jan. 1
Attorneys who don’t file a notice of appeal with the Office of the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court after Jan. 1 will forfeit their right to appeal.
Judge rejects Charlie White’s claim of ineffective counsel
Former Secretary of State Charlie White has been ordered to begin serving his sentence for violating Indiana’s election law after his petition for post-conviction relief was denied.
Humvee maker, defense giant BAE wrangle over $277M judgment
A dispute over the true cost of Humvee body armor rushed to the battlefield in the deadliest days of the Iraq war has resulted in a court battle that includes suggestions that one of the world’s top defense contractors may have serious business problems as it argues against posting full security for a $277 million judgment.
Opinions Dec. 26, 2013 ILD
Indiana Court of Appeals
Terry Donald Rutledge v. State of Indiana (NFP)
18A05-1302-CR-70
Criminal. Affirms conviction of murder.
Terry Berry v. State of Indiana (NFP)
49A02-1304-CR-348
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct and Class A misdemeanor carrying a handgun without a license.
Donyel Perry v. Tracy Perry (NFP)
49A02-1304-DR-385
Domestic relation. Affirms denial of father Donyel Perry’s motion to set aside a judgment ordering him to pay mother Tracy Perry for educational and orthodontic expenses incurred by their child.
Donald Leehy v. State of Indiana (NFP)
42A05-1305-CR-264
Criminal. Affirms revocation of probation.
Esteban Gonzalez v. State of Indiana (NFP)
79A02-1303-CR-279
Criminal. Affirms convictions of Class C felony operating a motor vehicle while privileges are forfeited for life, Class A misdemeanor operating a vehicle while intoxicated and an enhancement as habitual substance offender.
Vincent Thornburg v. State of Indiana (NFP)
89A01-1307-CR-307
Criminal. Affirms judgment of the trial court of applying proceeds of a $505 cash bond to the costs and fees pursuant to terms of a plea agreement on a charge of Class D felony receiving stolen property.
Michael Baldwin v. State of Indiana (NFP)
49A02-1302-CR-168
Criminal. Affirms denial of petition for restoration of credit time.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Dec. 26, 2013
Indiana Court of Appeals
Terry Donald Rutledge v. State of Indiana (NFP)
18A05-1302-CR-70
Criminal. Affirms conviction of murder.
Angie’s List hit with shareholder suit
Angie’s List’s CEO William Oesterle and four other top executives made a series of false or misleading statements about the company’s prospects that inflated its stock price earlier this year as they sold $13 million of their own shares, a lawsuit seeking class-action status alleges.
Lauren Spierer civil suit moves forward
Two of three grounds for a civil lawsuit in the June 2011 disappearance of Indiana University student Lauren Spierer will move forward, a federal judge ruled Tuesday, partially denying a motion to dismiss filed by the two remaining defendants.
Memorial service to honor Vevay attorney
A memorial service for Ronald “Ron” Hocker will be held at 1 p.m. Jan. 10 in the Switzerland Circuit Court courtroom. All local attorneys and court staff are welcome to attend to pay their last respects to Hocker, who died Dec. 9 at the Indiana University Simon Cancer Center in Indianapolis.
Judge rejects Notre Dame bid for injunction on contraception coverage
A federal judge denied the University of Notre Dame’s request for an injunction blocking the “contraception mandate” in the Affordable Care Act that requires employers to provide insurance coverage for birth control.
Coachys’ retirement opens up spot on Bankruptcy Court
The Judicial Council of the 7th Circuit is accepting applications for a bankruptcy judge position in the Southern District of Indiana. Chief Judge James K. Coachys is retiring in September 2014 at the end of his 14-year term.
Merry Christmas!
The Indiana Lawyer Daily will not be published Wednesday. Indiana Lawyer wishes you a Merry Christmas!
Opinions Dec. 23, 2013 ild
Indiana Court of Appeals
Djomon N. Tito v. State of Indiana (NFP)
49A02-1304-CR-315
Criminal. Affirms conviction of Class B misdemeanor battery.
In the Matter of the Termination of the Parent-Child Rel. of: J.S. (Minor Child), and K.G. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1305-JT-438
Juvenile. Affirms termination of parental rights.
In the Matter of the Civil Commitment of: N.F. v. Wishard Health Services, Midtown Community Mental Health Center (NFP)
49A02-1304-MH-306
Mental health. Affirms involuntary commitment.
Shamberley Jones v. State of Indiana (NFP)
49A05-1305-CR-231
Criminal. Affirms decision to impose restitution but remands for recalculation of those damages.
Ethan Sizemore v State of Indiana (NFP)
39A05-1306-CR-271
Criminal. Affirms sentence following guilty plea to Class C felony burglary.
Stardust Development, LLC v. Randy Cassady (NFP)
53A01-1305-PL-210
Civil plenary. Reverses order that certain real estate jointly owned by Stardust Development and Cassady be sold at sheriff’s sale by public auction with no reserve.
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 Dec. 23, 2013
Indiana Court of Appeals
Michael W. Peters, M.D. and Deaconess Hospital, Inc. v. Cynthia S. Kendall and Michael J. Kendall
82A01-1302-PL-55
Civil plenary. Affirms denial of the medical group’s motion for partial summary judgment in the medical malpractice lawsuit brought by the Kendalls. The proof of claim filed by the Kendalls in the liquidation proceedings of Dr. Peters’ insurer does not constitute a binding contract.
Obama appoints McKinney professor to environmental commission
Indiana University Robert H. McKinney School of Law professor Eric Dannenmaier has been appointed to serve as a member of the Joint Public Advisory Committee of the North American Commission for Environmental Cooperation by President Barack Obama.
Judges rule couple did not release medical providers from liability
A trial court appropriately denied the partial summary judgment motion filed by medical providers in a malpractice claim, the Indiana Court of Appeals held, because the plaintiffs did not release the medical group from liability by filing a proof of claim with the doctor’s insurer, which was insolvent and being liquidated.
COA: Deputy not justified in entering backyard
A sheriff’s deputy who tried to serve a protective order was not justified in entering the backyard of a home after no one answered knocking at the front door, the Indiana Court of Appeals ruled. The deputy saw marijuana in the backyard, leading to the homeowner’s arrest.
Newburgh ordinance allows it to block town from providing sewer service
The Indiana Court of Appeals Monday decided that the town of Newburgh was statutorily authorized to pass an ordinance prohibiting others from providing new sewer services to customers within four miles of its corporate boundaries.