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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.