Deadline looms for Indy judge
Marion Superior Judge Kimberly Brown faces suspension resulting from 45 counts including accusations of wrongful jailings and misconduct.
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Justices weigh $2.7 billion Rockport deal
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Sept. 5. Attorneys for and against the proposed plant pleaded that terms of the contract were on their side.
Aerial Attorneys
Twelve thousand feet above rolling Indiana farmland, attorney Amy Romig prepares to jump, as the saying goes, out of a perfectly good airplane. Most of the plane’s passengers are jittery first-time skydivers, but Romig’s nerves are just fine. That’s because she’s done this 1,300 times.
Justices to take up partial consecutive sentence case
Whether state law allows a criminal defendant to receive a partial consecutive sentence may be determined by the Indiana Supreme Court, which agreed to hear a case successfully argued by a pro se litigant to the Indiana Court of Appeals.
AG seeks to reinstate misconduct charges against former IURC chief
The former head of the Indiana Utility Regulatory Commission could again face criminal charges in connection with his alleged actions surrounding Duke Energy’s Edwardsport power plant in 2010.
Opinions Sept. 2013 ILD
Opinions Sept. 9, 2013
Indiana Court of Appeals
In the Matter of S.L., and J.L., Children Alleged to be Children In Need of Services, S.B.-L., Mother v. Indiana Department of Child Services (NFP)
79A05-1303-JC-98
Juvenile. Affirms determination that J.L and S.L. are children in need of services.
Jerry Williams v. State of Indiana (NFP)
49A02-1302-PC-133
Post-conviction. Affirms 55-year aggregate sentence imposed by post-conviction relief court on a Class A felony count of criminal deviate conduct and four counts of Class B criminal deviate conduct.
Boubacarr Moussa v. State of Indiana (NFP)
49A05-1209-CR-449
Criminal. Affirms conviction of Class B felony failure to stop after an accident causing serious bodily injury.
Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline Monday.
Opinions Sept. 9, 2013
U.S. 7th Circuit Court of Appeals
United States of America v. Christopher Eads
12-2464
Criminal. Affirms conviction and 480-month sentence for distributing child pornography, possessing child pornography and tampering with a witness. Addresses the issues Eads raises on appeal but upholds the decision of the U.S. District Court of the Southern District of Indiana, Indianapolis Division. Finds the district court did not abuse its discretion in allowing Eads to represent himself; the conviction for witness tampering was supported by the evidence; a new trial is not warranted because no new evidence has been discovered; and the discussion of 18 U.S.C. 3553 factors at sentencing was sufficient. Agrees with Eads that the district court erred in not thoroughly explaining on the record why it allowed images to be shown to the jury but rules the error is harmless because the additional evidence against him was overwhelming.
Volokh to argue in Brewington before justices, partake in McKinney moot court
One of the National Law Journal’s 100 Most Influential Lawyers in America will be before the Indiana Supreme Court this week to argue on behalf of a blogger convicted and sentenced for intimidating a Dearborn County judge who revoked the man’s joint custody of his children.
7th Circuit cautions bare-bones recitation of Rule 403 insufficient
A District Court’s failure to review evidence and provide a considered analysis for admitting that evidence drew an admonishment – but no reversal – from the 7th Circuit Court of Appeals.
Fake ID using own name not aggravated ID theft, 7th Circuit rules
An Indiana man who supplied a fake identification that used the recipient’s real name may not be subjected to the federal aggravated identity theft statute, the 7th Circuit Court of Appeals ruled Friday in a unanimous en banc decision.
Friends and family tell stories of humor and admiration to honor IBF Legendary Lawyer Henry Ryder
The reception honoring retired Indianapolis attorney Henry Ryder included lots of stories.
Judges to use discretion – not checklists – when imposing sentences, 7th Circuit rules
A defendant’s contention that the District Court should have considered all the mitigating factors during his sentencing was characterized by the U.S. 7th Circuit Court of Appeals as turning sentencing discussions into “checklist exercises.”
Opinions Sept. 6, 2013 ILD
Indiana Court of Appeals, Supreme Court and Tax Court issued no opinions by IL deadline Friday.
Opinions, Sept. 6, 2013
7th Circuit Court of Appeals
Scott Weigle and April Weigle v. SPX Corp.
12-3024 and John Moore, II and Corinne Moore v. SPX Corp.
12-3025
Civil. Vacates a district court grant of summary judgment for SPX Corp. on a complaint seeking damages due design defects on a semi-truck trailer support stand from which a trailer fell on mechanics. Affirms the district court judgment of summary judgment with respect to inadequate-warning claims.
7th Circuit reinstates mechanics’ claims of faulty trailer-support design
Complaints for damages from two mechanics that were injured by a semi trailer they were working on were partially reinstated Friday by the 7th Circuit Court of Appeals.
Justices: Judge facing suspension may respond
A Marion Superior judge facing suspension and a 45-count disciplinary complaint has until Wednesday to respond to the suspension request, the Indiana Supreme Court said in an order issued Friday.
‘Appeals on Wheels’ takes teacher license suspension case to Franklin
Franklin College will host a traveling Court of Appeals oral argument Sept. 17 in which a teacher appeals the suspension of her license by a Department of Education administrative law judge.
Man who alarmed police near Lauren Spierer site appeals gun seizure
A man whose 51 guns were ordered seized by a judge who determined him dangerous after his behavior alarmed Bloomington police near the site where missing Indiana University student Lauren Spierer was last seen is asking the Indiana Supreme Court to return his firearms.
Justices weigh contract dispute in $2.7 billion Rockport coal-to-gas plan
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Thursday.
Opinions Sept. 5, 2013, ILD
Opinions, Sept. 5, 2013
Indiana Court of Appeals
Ezekier Breaziel v. State of Indiana (NFP)
49A02-1209-CR-731
Criminal. Dismisses Breaziel’s interlocutory appeal of the denial of his motion to dismiss the charges against. Concludes sua sponte the COA lacks authority under the appellate rules to accept jurisdiction of Breaziel’s appeal.
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.