COA rules preliminary injunction wrongly extended noncompete agreement
In reviewing a dispute over the terms of a noncompete agreement, the Indiana Court of Appeals reminded the trial court that a preliminary injunction has limits.
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Menard-Trump federal trial lays bare celebrity-endorsement business
Testimony in the first day of a trial in federal court over a contract dispute between Melania Trump, John Menard and Steve Hilbert also involved former Miss America Katie Stamm, the Kardashian sisters and the former manager of the Menards store in Avon. IBJ has the story.
Opinions Nov. 12, 2013 ILD
Indiana Court of Appeals
James Edward Banks, Jr. v. State of Indiana (NFP)
82A01-1301-CR-38
Criminal. Affirms denial of Banks’ motion to correct erroneous sentence.
Bill R. Clark v. State of Indiana (NFP)
20A03-1304-CR-160
Criminal. Affirms trial court’s order for Clark to pay restitution. Clark argued the court did not inquire about his ability to reimburse the state and his landlord for costs associated with cleaning up his meth lab. The COA rules the presentence investigation report indicated Clark would be able to pay and Clark told the trial court he had the means to pay.
Matthew Townsend v. Lyvonda Townsend (NFP)
31A04-1303-DR-133
Domestic relation. Affirms trial court’s decision to award sole legal and primary physical custody Townsend’s son, E.T., to the boy’s mother.
Derek Lee Morris v. State of Indiana (NFP)
49A02-1304-CR-367
Criminal. Affirms denial of Morris’ petition for educational credit time.
John R. Tyrrell v. State of Indiana (NFP)
29A02-1301-PC-11
Post conviction. Affirms post-conviction court’s denial of Tyrrell’s petition for post-conviction relief.
Larry Harris v. State of Indiana (NFP)
49A04-1211-CR-584
Criminal. Affirms 45-year sentence for one county of Class A felony child molesting.
Mitchell A. Barnes v. State of Indiana (NFP)
84A01-1304-CR-281
Criminal. Affirms aggregated nine-year sentence in exchange for pleading guilty to three counts of Class D felony theft.
The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Nov. 12, 2013
Indiana Court of Appeals
James Edward Banks, Jr. v. State of Indiana (NFP)
82A01-1301-CR-38
Criminal. Affirms denial of Banks’ motion to correct erroneous sentence.
Justices to hear convictions reversed due to prosecutor’s arguments
The case of a man whose two convictions of sexual misconduct with a minor were reversed on appeal because of a prosecutor’s overzealous arguments will go to the Indiana Supreme Court.
Judge rejects interlocutory appeal in Marion Superior judiciary challenge
A federal judge has denied the state of Indiana’s motion for an interlocutory appeal, signaling that a trial probably won’t be needed in a lawsuit challenging the constitutionality of how Marion Superior judges are elected.
Justices reject Spierer-obsessed man’s appeal of gun confiscation
The Indiana Supreme Court will not hear an appeal from a man whose 51 guns and ammunition were seized after authorities became alarmed by his behavior near the site where missing Indiana University student Lauren Spierer was last seen.
7th Circuit blocks Obamacare ‘contraception mandate’
Roman Catholic employers – including the owners of an Indiana company – won a Circuit Court ruling Friday blocking the “contraception mandate” contained in the Patient Protection and Affordable Care Act, commonly referred to as Obamacare.
Opinions Nov. 11, 2013 ILD
State and federal courts were closed Monday in observation of the Veterans Day holiday.
Opinions Nov. 11, 2013
7th Circuit Court of Appeals
William D. Grote III et al, v. Kathleen Sebelius, et al.
13-1077
Reverses and remands to the District Court for the Southern District of Indiana with orders to grant an injunction prohibiting enforcement of the “contraception mandate” of the Patient Protection and Affordable Care Act. The majority held that Grote Industries made a strong case for relief from the mandate under the Religious Freedom Restoration Act, but Judge Ilana Rovner warned that the panel was rewriting the law to extend rights of religion to a for-profit, secular corporation, thereby opening a host of federal regulations to religious challenges from corporation owners.
Allen County courts join forces to establish new veterans’ court
Allen County will gavel in its veterans’ court Nov. 12 and join a growing list of Indiana jurisdictions creating the problem-solving court especially to serve military veterans.
Service set for beloved IU Maurer professor
Indiana University Maurer School of Law will hold a memorial service Friday for Professor Craig Bradley.
7th Circuit case docketing fees increasing Dec. 1
Beginning Dec. 1, it will cost an extra $50 to appeal a case to the 7th Circuit Court of Appeals. Notice of appeals, as well as petitions for review/applications for enforcement and writ of mandamus, will cost $500.
Attorney voting for Judicial Nominating Commission to be extended
The voting process to select a lawyer representative to the Judicial Nominating Commission by more than 7,400 eligible attorneys will be extended due to an undetermined glitch that resulted in some lawyers not receiving ballots.
Valparaiso University Law School taps capital defense expert as new dean
Andrea D. Lyon, associate dean for clinical programs at DePaul University College of Law in Chicago, will join the Valparaiso University Law School as dean on June 2, 2014. She has experience both teaching and practicing law, and is a national expert in criminal defense.
Opinions Nov. 8, 2013 ILD
Indiana Court of Appeals
Jan A. Riddle v. State of Indiana (NFP)
84A01-1304-CR-185
Criminal. Affirms sentence following guilty plea to one count of Class D felony theft. Reverses the restitution order and remands with instructions that the trial court order Riddle to pay L.P. $267.40 in restitution.
James D. Minnich v. State of Indiana (NFP)
01A02-1305-CR-466
Criminal. Affirms conviction for operating a vehicle with an alcohol concentration equivalent of at least 0.15 gram of alcohol per 210 liters of breath as a Class D felony.
Eric D. Smith v. State of Indiana (NFP)
49A05-1306-CR-295
Criminal. Dismisses appeal of denial of Smith’s petition for modification of placement without a hearing.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals has posted no Indiana decisions at IL deadline.
Opinions Nov. 8, 2013
Indiana Court of Appeals
Hitesh Seth v. Midland Funding, LLC, as an Assignee of Columbus Bank and Trust as Issuer of Aspire Visa
48A05-1303-CC-110
Civil collection. Reverses summary judgment in favor of Midland Funding LLC on Midland’s complaint against Seth for nonpayment of credit card debt. Midland has failed as a matter of law to designate evidence to make a prima facie case that it is entitled to summary judgment on its complaint. Accordingly, the burden of proof did not shift to Seth to show that there exist questions of material fact precluding summary judgment.
Delayed jail releases common, says witness in judge’s discipline case
A senior judge who presided in a Marion Superior criminal court for more than a dozen years testified Friday that delayed releases of defendants from jail are a problem with the county’s entire judicial system and not limited to the court of a judge facing discipline for that and other charges.
COA reverses summary judgment in complaint to recover credit card debt
Finding a company did not satisfy its burden of proof under Indiana Trial Rule 56(C) when attempting to collect on a breach of a credit card contract, the Indiana Court of Appeals on Friday reversed summary judgment in the case.
Judges uphold 54-year sentence of man who asked women to take pics of kids
The Indiana Court of Appeals rejected a man’s argument Friday that he couldn’t be convicted of Class A felony child molesting under the accessory statute because the perpetrator was under 21 at the time of the molestations.