7th Circuit reinstates mechanics’ claims of faulty trailer-support design
Complaints for damages from two mechanics that were injured by a semi trailer they were working on were partially reinstated Friday by the 7th Circuit Court of Appeals.
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Justices: Judge facing suspension may respond
A Marion Superior judge facing suspension and a 45-count disciplinary complaint has until Wednesday to respond to the suspension request, the Indiana Supreme Court said in an order issued Friday.
‘Appeals on Wheels’ takes teacher license suspension case to Franklin
Franklin College will host a traveling Court of Appeals oral argument Sept. 17 in which a teacher appeals the suspension of her license by a Department of Education administrative law judge.
Man who alarmed police near Lauren Spierer site appeals gun seizure
A man whose 51 guns were ordered seized by a judge who determined him dangerous after his behavior alarmed Bloomington police near the site where missing Indiana University student Lauren Spierer was last seen is asking the Indiana Supreme Court to return his firearms.
Justices weigh contract dispute in $2.7 billion Rockport coal-to-gas plan
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Thursday.
Opinions Sept. 5, 2013, ILD
Opinions, Sept. 5, 2013
Indiana Court of Appeals
Ezekier Breaziel v. State of Indiana (NFP)
49A02-1209-CR-731
Criminal. Dismisses Breaziel’s interlocutory appeal of the denial of his motion to dismiss the charges against. Concludes sua sponte the COA lacks authority under the appellate rules to accept jurisdiction of Breaziel’s appeal.
Indiana Supreme Court and Indiana Tax court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Sept. 5, 2013
Opinions, Sept. 5, 2013
Indiana Court of Appeals
Ezekier Breaziel v. State of Indiana (NFP)
49A02-1209-CR-731
Criminal. Dismisses Breaziel’s interlocutory appeal of the denial of his motion to dismiss the charges against. Concludes sua sponte the COA lacks authority under the appellate rules to accept jurisdiction of Breaziel’s appeal.
Second expungement forum to include private consultations with attorneys
A second public forum on Indiana’s new expungement law will include a panel discussion as well as free consultations with attorneys.
IU McKinney author series spotlights faculty writers
An Indiana University Robert H. McKinney School of Law Professor will kick-off the school’s series of faculty book lectures by examining the birth of the 14th Amendment.
IU McKinney author series spotlights faculty writers
An Indiana University Robert H. McKinney School of Law professor will kick-off the school’s series of faculty book lectures by examining the birth of the 14th Amendment.
ISBA to testify about juvenile paternity before legislative commission
The Indiana State Bar Association is scheduled to testify during the next meeting of Indiana General Assembly’s Commission on Courts Sept. 12.
Lilly drug royalties spark lawsuit against Princeton University
Residents in Princeton, N.J., have sued the municipality and Princeton University, saying the school should lose its tax-exempt status because it shares drug royalties with faculty. The case could have major repercussions for research universities. IBJ.com has the story.
Opinions Sept. 4, 2013 ILD
Indiana Court of Appeals
Joshua Basey v. State of Indiana (NFP)
48A01-1301-CR-40
Criminal. Affirms conviction of Class D felony battery.
Zachary E. Krise v. State of Indiana (NFP)
84A01-1301-CR-7
Criminal. Affirms conviction of Class C felony burglary.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Sept. 4, 2013
Indiana Court of Appeals
Joshua Basey v. State of Indiana (NFP)
48A01-1301-CR-40
Criminal. Affirms conviction of Class D felony battery.
South Bend mayor: City leads ‘open-data’ effort
South Bend Mayor Pete Buttigieg said there were plenty of reasons the city decided to embrace an open-data policy, putting as many public records as possible online with a pioneering city website, Open Data South Bend.
Innovative court programs get funding support from Indiana Supreme Court
The Indiana Supreme Court has awarded more than $450,000 in court reform grants for the 2013-2014 grant cycle.
Fort Wayne law firms merge, growing Carson Boxberger
The Fort Wayne law firms of Carson Boxberger LLP and Federoff Kuchmay LLP have merged, growing Carson Boxberger from a staff of 24 to 27 attorneys. The merger was effective Sept. 1.
Justices grant new avenue for relief for killer claiming insanity
A man condemned for the 1997 rape and murder of an 18-year-old Franklin College student is entitled to a new avenue of post-conviction relief on his argument that he is not mentally competent to be executed, the Indiana Supreme Court ruled Tuesday.
Opinions Sept. 3, 2013 ILD
Indiana Court of Appeals
Kem Duerson v. State of Indiana (NFP)
82A01-1301-CR-23
Criminal. Affirms conviction of Class A felony dealing in cocaine and adjudication as a habitual offender.
Yulanda C. Petty v. John T. Petty (NFP)
71A03-1301-DR-11
Domestic relation. Affirms in part, reverses in part and remands a trial court order in favor of John Petty. Remands for a hearing to determine the balance in a trust account and a corresponding recalculation of Yulanda Petty’s share of support for a daughter’s college expenses.
Ruben Mancillas, Jr. v. State of Indiana (NFP)
55A04-1208-CR-444
Criminal. Affirms aggregate sentence of seven-and-a-half years for conviction of Class D felony resisting law enforcement with a motor vehicle, misdemeanor counts of failure to stop at an accident resulting in damage to a vehicle and operating a vehicle while intoxicated enhanced by a habitual offender finding.
Dwight McPherson v. State of Indiana (NFP)
48A05-1302-CR-64
Criminal. Remands to the trial court for proceedings, finding error in imposing a $200 public defender fee and in leaving a determination of restitution for the probation department.
Guy Ivester v. State of Indiana (NFP)
33A04-1209-PC-491
Post conviction. Affirms denial of post-conviction relief from 18-year executed sentence for conviction of Class A felony dealing in a Schedule II controlled substance.
In the Matter of the Termination of the Parent-Child Relationship of E.M., L.M., & G.M., and S.M. (Mother) v. The Indiana Department of Child Services (NFP)
29A02-1301-JT-89
Juvenile. Affirms termination of parental rights.
Robert J. Winings v. State of Indiana (NFP)
20A03-1301-PC-26
Post conviction. Affirms denial of post-conviction relief from 40-year executed sentence for convictions of Class A felony dealing methamphetamine within 1,000 feet of a school and Class B felony dealing methamphetamine.
Robert Small v. State of Indiana (NFP)
48A04-1301-CR-38
Criminal. Affirms revocation of probation.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
Opinions Sept. 3, 2013
7th Circuit Court of Appeals
USA v. Farshad Ghiassi
12-3596
Criminal. Affirms 70-month sentence for Ghiassi’s guilty plea to being a felon in possession of a firearm, in violation of 18 U.S. Code 922(g)(1). Finds the District Court was uniquely and well-situated to assess the credibility of Ghiassi’s co-defendant and her statements that she purchased eight firearms on his behalf. Also rejects Ghiassi’s alternative argument that the District Court deprived him of due process. Rules Ghiassi knew the court was going to rely on his co-defendant’s statements and he had opportunity to challenge those statements.