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Opinions July 12, 2012

7th Circuit Court of Appeals
Carlene M. Craig, et al. v. FedEx Ground Package System Inc.
10-3115
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Multidistrict litigation. Certifies two questions to the Kansas Supreme Court in a suit that was based on the Employee Retirement Income Security act and Kansas law regarding whether FedEx drivers are employees or independent contractors. Craig is the “lead” case in a nationwide class action.

Justices order new trial for Ripley County man

A Ripley County man convicted of conspiring to commit burglary is entitled to a new trial due to ineffective assistance of his trial counsel and prosecutorial misconduct, the Indiana Supreme Court held.

7th Circuit certifies questions for Kansas Supreme Court

The 7th Circuit Court of Appeals was unable to determine under Kansas law how that state’s Supreme Court would rule on whether FedEx drivers are employees or independent contractors, so the court sent two certified questions to the Kansas justices.

Man who killed girlfriend may be retried for reckless homicide

The post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the same charge, but may face retrial for reckless homicide.

42 members of Indianapolis motorcycle club indicted

In what has been described by Southern District U.S. Attorney Joseph Hogsett as the largest federal organized crime prosecution in Indianapolis history, 42 members of the Outlaws Motorcycle Club in Indianapolis have been indicted on various offenses, including extortion and drug charges.

Deadline to accept State Fair settlement extended

The Office of the Indiana Attorney General, at the request of attorneys representing claimants in lawsuits stemming from the stage collapse at the Indiana State Fair in August 2011, has moved the deadline to respond to a settlement offer to Aug. 1. The original deadline was Friday.

Judges disagree over impact of mental illness label at sentencing

7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts should testify about his mental illness.

Opinions July 11, 2012 ILD

The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions at IL deadline.
 

Opinions July 11, 2012

7th Circuit Court of Appeals
Michael Dean Overstreet v. Bill Wilson, superintendent, Indiana State Prison
11-2276
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Finds Overstreet, who is sentenced to death, did not receive constitutionally ineffective assistance of counsel relating to the handling of an alleged plea bargain, the handling of spectators in the courtroom, and relating to the sentencing proceeding. Judge Wood dissents regarding the attorneys’ handling of the sentencing proceeding and would grant the petition for writ of habeas corpus limited to the sentence imposed.

COA rules trial court should have allowed DCS to withdraw adoption consent

The Department of Child Services’ failure to investigate a child’s aunt as a possible adoptive parent – and a trial court’s refusal to allow DCS to withdraw consent for foster parents to adopt after acknowledging its failure – prompted the Indiana Court of Appeals to reverse a trial court order granting the foster parents’ petition to adopt.

Opinions July 10, 2012 ILD

The 7th Circuit Court of Appeals issued no Indiana opinions prior to IL deadline.

The Indiana Supreme Court and Tax Court issues no opinions prior to IL deadline.

Indiana Court of Appeals
Marcous Ford v. State of Indiana (NFP)
49A04-1112-CR-651
Criminal. Affirms trial court’s conviction of Class B felony battery.
 
Roger A. Boggs v. State of Indiana (NFP)
03A04-1108-CR-435
Criminal. Affirms trial court conviction of Class B felony armed robbery.
 
Kathleen G. Babchuk v. Kirk J. Daniels (NFP)
34A05-1111-CT-597
Civil/defamation. Affirms judgment of $35,000 for defamation on behalf of Daniels.

In the Matter of the Involuntary Commitment of R.T. (NFP)
35A02-1110-MH-1088
Mental health. Affirms trial court order continuing regular commitment to Logansport State Hospital.

Marlon L. Pendleton v. State of Indiana (NFP)
45A04-1110-CR-544
Criminal. Affirms trial court conviction of involuntary manslaughter.

 

Opinions July 10, 2012

Indiana Court of Appeals
In the Matter of the Adoption of N.W.R.; M.R. v. R.B. and R.B., and Indiana Dept. of Child Services
36A01-1109-AD-407
Adoption. Reverses the trial court’s grant of a petition to adopt to foster parents R.B. and R.B., and remands to the trial court with instructions to reconsider evidence after DCS completes investigation of aunt M.R. as a potential adoptive replacement. The court held that the trial court erred in denying DCS’ motion to withdraw consent for the petition after discovering it failed to conduct a complete adoptive placement investigation.

Shepard joins Old National board

Retired Indiana Chief Justice Randall Shepard has been appointed to the board of directors of Old National Bancorp, the Evansville-based company announced Monday.

Hauke receiver files suit against his former accounting firm

The receiver representing investors in the Ponzi scheme run by convicted money manager Keenan Hauke has sued Hauke's former accounting firm, charging that its negligence contributed to millions of dollars in investor losses.