Clerk responds to attorneys’ concerns about personal security
Attorneys’ concerns over personal security have prompted the Indiana Clerk of Courts to offer an opt-out feature when updating attorney registrations on its registration portal.
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Habeas writ reverses resentencing from divided COA
A Fulton County man who filed a writ of habeas corpus claiming he was falsely imprisoned won a reversal of a clarified sentencing order Tuesday, with one Court of Appeals judge saying he should be freed entirely.
Opinions Aug. 5, 2013 ILD
Indiana Court of Appeals
In Re the Guardianship of C.S. and A.S.: E.R. v. M.S. and D.S. (NFP)
79A02-1210-GU-863
Civil/guardianship. Reverses and remands a modification of visitation granting more time for paternal grandparents to visit their grandchildren, C.S. and A.S. The panel held the that trial court abused its discretion in failing to restrict the paternal grandparents’ visitation as had been requested by the children’s adoptive father, E.R., who also is their maternal grandfather.
Todd M. Westbrook v. Review Board of the Indiana Department of Workforce Development and Youth Opportunity Center, Inc. (NFP)
93A02-1209-EX-759
Civil/agency action. Affirms dismissal of an appeal of unemployment benefits to the Department of Workforce Development Unemployment Review Board.
Zachariah Galyan v. State of Indiana (NFP)
55A01-1303-CR-140
Criminal. Affirms three-year sentence on a conviction of Class D felony intimidation.
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 Aug. 5, 2013
Brad Kroft v. State of Indiana
49A04-1211-CR-593
Criminal. Reverses and remands on interlocutory appeal denial of a motion to suppress, holding that a state trooper who stopped a motorist because a working tail lamp had a dime-sized hole that emitted white light did not have reasonable suspicion to initiate a traffic stop that resulted in two charges: Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 or more, and Class C misdemeanor operating a vehicle while intoxicated.
Attorney general sues AT&T for suspending injured workers
AT&T’s Indiana operating company faces a discrimination lawsuit from the Indiana Department of Labor for suspending three workers, allegedly because they reported work-related injuries.
Indianapolis loses attorney and civic leader Edgar Lamb
An attorney who played an integral role in consolidating the governments of the city of Indianapolis and Marion County, which made the Hoosier state capital the 11th largest city in the United States, has died.
Hole in tail lamp no cause for traffic stop, appeals panel rules
An Indiana State Police trooper who pulled over a Jeep because a hole in its tail lamp emitted white light lacked probable cause to initiate the traffic stop that resulted in drunken-driving charges.
Judge clears IU to donate $450,000 for Conour victim restitution
A judge last week approved an order clearing the way for Indiana University to transfer $450,000 to a federal court restitution fund for victims of former personal-injury and wrongful-death attorney William Conour.
Shuai pleads guilty to lesser charge, is freed
The Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died pleaded guilty to a lesser charge of criminal recklessness, a Class B misdemeanor.
Shuai pleads guilty to criminal recklessness
A Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died has pleaded guilty to a lesser charge of criminal recklessness, a Class B misdemeanor.
Shuai enters guilty plea
A Chinese immigrant who tried to kill herself by consuming rat poison and was charged with murder and attempted feticide days later when her newborn daughter died will plead guilty. Bei Bei Shuai’s plea agreement was announced this afternoon at a news conference in Marion Superior Court. She was to face trial beginning Sept. 3. […]
Indiana takes lead in asking SCOTUS to reverse legislative prayer ban
Indiana and Texas are the lead authors of an amicus brief filed Friday that asks the U.S. Supreme Court to reverse a 2nd Circuit Court of Appeals ruling banning legislative prayer at the beginning of a government meeting.
Opinions Aug. 2, 2013 ILD
Indiana Court of Appeals
Jeremy Benner v. State of Indiana (NFP)
79A02-1211-CR-913
Criminal. Affirms conviction of child molesting as a Class C felony.
Randy Reeder v. State of Indiana (NFP)
71A05-1210-PC-540
Post conviction. Affirms conviction of four counts of murder and sentence to an aggravated term of 65 years for each conviction, to be served consecutively for a total term of 260 years.
Dwayne Kelly v. State of Indiana (NFP)
27A01-1212-PC-568
Post conviction. Affirms denial of post-conviction relief.
In the Matter of the Termination of the Parent-Child Rel. of M.R.; C.B. v. Indiana Department of Child Services (NFP)
49A05-1212-JT-643
Juvenile. Affirms the termination of parental rights of C.B., the mother of M.R.
Carolyn (Hansen) Miller v. Robin Mendelsohn, M.D. (NFP)
67A01-1301-PL-13
Civil plenary. Affirms the jury verdict entered in favor of Mendelsohn.
Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline.
Opinions Aug. 2, 2013
7th Circuit Court of Appeals
Anthony Weddington v. Dushan Zatecky, Superintendent
11-3303
Vacates denial of Weddington’s habeas petition and remands for further proceedings consistent with this opinion. Finds the District Court erred in failing to consider Weddington’s claims that he could not meet the limitations period because prison officials confiscated his legal paper work, law books and legal mail. Also points out that the question of whether Judge Tanya Walton Pratt should have recused herself can be remedied by assigning the case to a different district judge on remand.
Recusal question occupies 7th Circuit in District Court’s dismissal of habeas petition
Although a prisoner filed his habeas petition late, the 7th Circuit Court of Appeals ruled the District Court should not have dismissed it on procedural grounds.
Marion County probation ending transportation for community service work
Criminal defendants ordered to perform community service work will have to get to their destinations without a ride from the Marion County Probation Department as the result of a program change adopted Friday.
Contract termination ends health care provider’s eligibility for federal funds
Finding that the status of the grant holder had changed, the 7th Circuit Court of Appeals ruled that Citizens Health Corp. is no longer eligible for Section 330 federal monies.
COA notes Indiana law would have changed outcome of environmental dispute
Using California law, the Indiana Court of Appeals ruled that an insurance company does not have to pay for an environmental cleanup, but the court noted it did not agree with the position of the Golden State and it would have ruled differently if Indiana law had been applicable.
Celadon to pay $18.5M settlement over fatal crash
Indianapolis-based Celadon Group Inc. has agreed to pay $18.5 million to the families of two men who died in a multiple-vehicle accident involving a Celadon truck driver in northwest Indiana in February 2011. The settlement was disclosed late last week. The Indianapolis Business Journal has the story.
Judge sets decorum rules for Shuai trial
Anticipating a high-profile, weeks-long trial beginning after Labor Day, a Marion County judge Friday laid down rules for public and media decorum in the criminal case against Bei Bei Shuai.