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.
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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.
Liquor store chain seeks to impose strict regulations on convenience stores selling alcohol
A chain of 19 liquor stores in Indianapolis wants the drug, grocery and convenience stores that sell alcohol to be subject to the same strict regulations that govern package liquor stores.
Opinions Aug. 1, 2013 ILD
Indiana Court of Appeals
Keith Ellis v. State of Indiana (NFP)
49A02-1212-CR-983
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/august/08011302cjb.pdf
Criminal. Affirms conviction for Class C felony robbery. Finds the prosecutor’s comments about Ellis’ decision to represent him at trial and not to testify did not rise to the level of fundamental error.
Donald R. Green v. State of Indiana (NFP)
18A02-1212-CR-1032
Criminal. Affirms conviction for domestic battery as a Class A misdemeanor.
Opinions Aug. 1, 2013
Luxury Townhomes, LLC/LP XXIV, LLC, et al. v. McKinley Properties, Inc. and Kenneth Polsinelli
49A05-1210-MF-514
Mortgage foreclosure. Affirms denial of Luxury’s motion to correct error. Rules that since the trial court already held a hearing, accepted the receiver’s final report and discharged the receiver, the doctrine of res judicata precluded Luxury from filing a separate motion against the receiver.
Judge ends Indiana Planned Parenthood battle
U.S. District Judge Tanya Walton Pratt has made permanent an injunction barring Indiana from denying Medicaid funds to Planned Parenthood clinics. Indiana Lawyer’s sister publication Indianapolis Business Journal has the story.
Doctrine of res judicata stops property owner’s motion
A property owner’s attempt to file a separate action against a court-appointed receiver was derailed by the Indiana Court of Appeals under the doctrine of res judicata.
Conour seeks pre-sentence release
Former attorney William Conour has asked a federal judge who ordered him jailed last month in his wire fraud case to free him ahead of his Oct. 17 sentencing.
Delayed submission of filing fee compared to dilemma created by a $7 horse-shoe nail
In overturning the trial court’s ruling, the Indiana Supreme Court compared the case to Poor Richard’s admonition: “For want of a Nail the Shoe was lost; for want of a Shoe, the Horse was lost; and for want of a Horse the Rider was lost, being overtaken and slain by the enemy, all for want of Care about a Horse-shoe Nail.”
Opinions July 31, 2013 ILD
Indiana Court of Appeals
In the Matter of the Involuntary Term. of the Parent-Child Rel. of M.N., Minor Child and his Father, M.D.N. v. Indiana Department of Chiild Services (NFP)
79A02-1301-JT-21
Juvenile. Affirms the juvenile court’s order terminating father’s parental rights to his son, M.N.
Abdul G. Buridi v. RL BB Financial, LLC (NFP)
10A01-1212-MF-580
Mortgage foreclosure. Affirms denial of Buridi’s motion asking that the summary judgment be set aside because of newly discovered evidence.
Daniel R. Clemans v. State of Indiana (NFP)
29A02-1302-CR-289
Criminal. Affirms conviction of operating a motor vehicle while driving privileges are suspended due to being a habitual traffic violator, a Class D felony.
James W. Baker, Jr. v. State of Indiana (NFP)
03A01-1302-CR-49
Criminal. Affirms sentence for two courts of burglary as Class C felonies. Finds trial court did not abuse its discretion in sentencing Baker to eight years on each of the two counts, all executed, to be served concurrently with each other but consecutively with Baker’s sentences in two other separate cases.
Joshua A. Yenna v. State of Indiana (NFP)
02A03-1211-CR-499
Criminal. Affirms conviction for Class D felony battery.
In the Matter of the Paternity of C.B., A.B. v. R.B. (NFP)
54A01-1211-JP-495
Juvenile Paternity. Affirms in part and reverses in part the judgment of the trial court. Concludes the trial court’s decisions regarding the calculation of child support were well-supported by its findings and by the evidence. However, finds the trial court erred by granting R.B.’s request to change C.B.’s name because he did not include this request in his written petition to establish paternity.
The Indiana Supreme Court and Tax Court released no opinions prior to IL deadline.
Opinions July 31, 2013
7th Circuit Court of Appeals
Sikiru Adeyeye v. Heartland Sweeteners, LLC
12-3820
Civil/Religious discrimination. Reverses summary judgment in favor of Heartland and remands to the District Court for proceedings, holding that a material issue of fact exists as to whether Sikiru Adeyeye’s rights under Title VII were violated when he was fired after taking time off work to attend his father’s burial rights in Nigeria.
COA clarifies jury issue in Richmond student death case
The Indiana Court of Appeals granted a rehearing in a wrongful death lawsuit filed against a public school corporation by the family of a student with Down syndrome who died after choking at school, refining a question to be presented to a jury.
Prosecutor’s closing argument deprived defendant of fair trial
A man convicted of sexual misconduct with a minor will get a new trial after the Indiana Court of Appeals found the prosecutor’s zealous statements made to a jury during closing arguments deprived the man of a fair trial.
7th Circuit revives workplace religious discrimination suit
A Nigerian employee who asked his employer for time off work to attend his father’s burial rights and was fired when he returned is entitled to a day in court, the 7th Circuit Court of Appeals held Wednesday.
7th Circuit affirms residential search based on ‘nonverbal cues’
A warrantless search was not a violation of the Fourth Amendment of the U.S. Constitution because the defendant consented through nonverbal cues, the 7th Circuit Court of Appeals ruled Wednesday.
Indiana ‘miscarriage of justice’ splits 7th Circuit judges 5-4
A majority of nine 7th Circuit Court of Appeals judges narrowly denied rehearing en banc for an Indiana man whose sentence was erroneously calculated. A dissenting judge called the case a “miscarriage of justice.”