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The 7th Circuit Court of Appeals affirmed summary judgment for a transportation company on a fired worker’s claims that her termination violated the Americans with Disabilities Act and the Family and Medical Leave Act. The judges didn’t agree with the woman that FMLA protection should extend to non-eligible employees who request leave for future periods.
In order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the 7th Circuit Court of Appeals held Wednesday.
Indiana Attorney General Greg Zoeller applauded the Legislature on the number of bills it passed this session which, he said, support law enforcement as well as serve and protect the state’s residents.
A Marion Superior Judge ruled last week that a lawsuit brought against the Indiana Bureau of Motor Vehicles for allegedly overcharging drivers may proceed as a class-action lawsuit.
The national organization of a Wabash College fraternity where a freshman pledge died after a night of heavy drinking is not entitled to summary judgment on the student’s parents’ claims arising from his wrongful death, the Indiana Court of Appeals ruled.
On Tuesday, Gov. Mike Pence signed into law HEA 1057, which will alter the prosecuting attorneys retirement fund to incorporate several features that are found in the 1985 judges’ retirement system.
An Indiana junior high school team has brought home the crown from a newly created civic education competition held in Washington, D.C., May 3 through 7.
Chief Justice of the United States John Roberts used part of his address to the 7th Circuit to highlight the fiscal constraints judges and courts are facing today.
Indiana Court of Appeals
Patti S. Maxfield and Ronald G. Maxfield v. Women's Health Partnership, P.C. and Corporate Cleaning Systems, Inc. (NFP)
49A02-1209-CT-707
Civil tort. Affirms summary judgments for Corporate Cleaning and for Women’s Health.
Tracy Lawrence v. State of Indiana (NFP)
48A02-1206-CR-524
Criminal. Affirms Lawrence’s sentence to an aggregate 100-year term after being convicted of Class A felony child molesting and Class A felony attempted child molesting. The trial court neither abused its discretion nor imposed an inappropriate sentence.
Brice Dutrow v. State of Indiana (NFP)
30A04-1207-CR-356
Criminal. Affirms Dutrow’s sentence of concurrent terms of 45 years with five years suspended to probation for convictions of burglary and robbery, both Class A felonies, and an enhancement of 30 years on the burglary conviction.
Amy (Winton) Otis v. Marketing Three LLC (NFP)
20A05-1210-CC-505
Civil collection. Reverses the judgment of the trial court and remands for further proceedings. Concludes the trial court erred in entering summary judgment in favor of Marketing Three.
Jonathan Reiner v. State of Indiana (NFP)
20A05-1210-PC-499
Post conviction. Affirms Reiner’s conviction and 30-year sentence for Class A felony dealing in methamphetamine. The majority finds Reiner’s trial counsel was not ineffective for failing to raise a competency objection to the detective’s yield rate testimony; failing to present evidence challenging the reliability of yield rate evidence in general; and failing to move for a directed verdict on the Class A felony charge on the basis of insufficient evidence as to the amount of meth being manufactured. Also concludes Reiner’s appellate counsel was not ineffective for failing to challenge the sufficiency of the state’s evidence as to the amount of meth being manufactured. In her dissent, Judge Elaine Brown finds Reiner has demonstrated that he received ineffective assistance of trial counsel for failure to challenge the admissibility of the evidence regarding the yield rate. He also received ineffective assistant of trial and appellate counsel for failure to challenge the evidence as insufficient to support the Class A felony.
The Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.
7th Circuit Court of Appeals
Jose J. Loera, Jr. v. United States of America
11-3223
Criminal. Affirms drug conviction and 240-month prison sentence, holding that Loera failed to prove his attorney provided ineffective legal counsel. Loera claimed that a prior grant of a motion to suppress his statements to police before consulting an attorney should have been binding on future proceedings. The court held it was doubtful that a subsequent refusal to suppress on different grounds, if it was error, was harmful.
A man convicted of federal drug charges failed to convince a panel of the 7th Circuit Court of Appeals that his conviction should be vacated due to ineffective assistance of counsel. The court affirmed a conviction from the District Court for the Northern District of Indiana.
Although a Shelby County man successfully argued that signing an “Advisement of Rights and Waiver” document did not bar him from appealing his sentence, he failed to convince the Indiana Court of Appeals that the trial court abused its discretion when sentencing him.
A trial court erred when it excluded the expert testimony of a witness who sought to address damages for a software company whose former employees allegedly violated non-compete clauses.
An Indianapolis mother with a history of drug abuse and domestic violence failed to persuade the Indiana Court of Appeals to reverse the termination of her parental rights, even though she introduced herself to the presiding judge after oral arguments and had a student deliver to the judge evidence of a clean drug screen taken a day earlier.
Time is money. You may not be able to detail it on a year-end balance sheet or claim a whiled away afternoon as a legitimate loss, but the old adage is still true. For lawyers dependent on hourly billing, managing time is one of the most essential professional practices to be mastered.
Here is a new phrase for me: “Conference Depression.
According to the Urban Dictionary, the definition of “conference depression” is: “Being extremely depressed after an awesome weekend at a conference.” Withdrawal usually lasts a day or two depending on the conference.
Though the Bench Bar Conference’s unparalleled educational programming naturally receives top billing, its plentiful non-CLE related offerings are also worthy of being shared and appreciated. From golf to trivia, these activities are vital in creating the casual, relaxed atmosphere that has mad
Regrettably, we see all too often in the news the various threats to the safety of our citizens in Indianapolis and throughout the country. These struggles are universal and impact all of us as a society in different ways.
Students at Shortridge Magnet High School for Law & Public Policy experienced the final step to becoming an American citizen first-hand Thursday, May 2 as the school hosted a naturalization ceremony for more than 80 individuals seeking citizenship.