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Three immigration clinic students from Indiana University Robert H. McKinney School of Law have won political asylum for two people – a young woman who fled to the United States after being subjected to female genital mutilation and a young man who feared persecution in Zimbabwe because of his HIV status.
The Indiana Supreme Court has decided that a Court of Appeals decision reversing the denial of man’s motion for discharge will stand.
The men who presided over Fair Finance were at their wits end by late 2009. In government-recorded phone calls and intercepted emails introduced as evidence in U.S. District Court this week, they come across as exhausted, angry and determined.
Even though the trial court erred in excluding an ex-husband’s offer of evidence of communications during a settlement agreement following his divorce to establish a mistake occurred in drafting the agreement, the error was harmless, the Indiana Court of Appeals ruled. This case raised an issue of first impression regarding whether communications during mediation can be used as extrinsic evidence.
The United States Sentencing Guidelines aren’t susceptible to vagueness challenges, so a defendant’s claim that the career offender sentencing guideline is unconstitutionally vague failed, the 7th Circuit Court of Appeals ruled.
The Indiana Court of Appeals delved into the issues surrounding the reliance on just one witness’s identification and testimony regarding the person who robbed her to convict the defendant.
The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.
The Indiana Supreme Court upheld a man’s burglary conviction, finding sufficient evidence to support that he broke into the church and entered it with the intent to commit theft.
Wednesday’s opinions
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Chad Stewart v. State of Indiana (NFP)
79A02-1110-CR-972
Criminal. Affirms sentence following guilty plea to two counts of Class B felony child molesting.
Auto Liquidation Center, Inc. v. McKesha Bates (NFP)
02A03-1111-SC-553
Small claim. Affirms judgment in favor of Bates on her breach of contract and criminal conversion claims. Remands for calculation of appellate attorney fees owed to Bates.
Carl D. Jackson, Jr. v. State of Indiana (NFP)
20A03-1111-CR-500
Criminal. Affirms conviction of Class D felony battery.
Anthony Michael Beck and Sandra Beck, natural parents and next friends of Jacob Leslie Beck, minor v. Scott Memorial Hospital and Larry Hunefeld, M.D. (NFP)
72A01-1107-CC-293
Civil collection. Affirms grant of a motion in limine filed by Scott Memorial Hospital.
7th Circuit Court of Appeals
United States of America v. Cristofer Tichenor
11-2433
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Criminal. Affirms 300-month sentence following guilty plea to armed robbery and discharging a firearm in connection with robbing a bank. Rejects Tichenor’s argument that the career offender sentencing guideline is unconstitutionally vague, finding that the guidelines are not susceptible to vagueness challenges and the U.S. Sentencing Commission did not exceed its authority by promulgating the “crime of violence” definition.
The Circle City Chapter of The Links Inc. will honor members of the legal profession at its 16th annual Jazz Brunch and Fundraiser June 16.
Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.
Indiana Court of Appeals
In the Matter of the Involuntary Term. of the Parent-Child Rel. of V.B., and R.B.; R.B. v. Indiana Dept. of Child Services (NFP)
49A05-1111-JT-654
Juvenile. Affirms termination of father’s parental rights.
Anthony Tyrone White v. State of Indiana (NFP)
18A02-1109-CR-871
Criminal. Affirms revocation of placement in home detention.
Eric D. Smith v. Steve Euler, Melvin Brooks, Marty Sexton, and Jason Jacob (NFP)
46A03-1110-CT-493
Civil tort. Affirms trial court’s denial of “veteran pro se litigant” Smith’s motion for relief from judgment. Holds the appeal was in bad faith and remands for determination of appellate attorney fees to which appellees may be entitled.
Carlton P. Wilson v. State of Indiana (NFP)
71A03-1108-CR-384
Criminal. Affirms conviction of Class A felony arson.
Jack Arthur Griffin v. State of Indiana (NFP)
30A05-1112-CR-689
Criminal. Affirms conviction of and sentence for Class B felony burglary.
Michael J. Maurer v. State of Indiana (NFP)
17A03-1112-CR-552
Criminal. Affirms trial court’s order denying Maurer’s motion to suppress.
Hassan M. Aljarah v. State of Indiana (NFP)
20A03-1111-CR-541
Criminal. Affirms conviction of attempted murder.
Donato Luna-Quintero v. State of Indiana (NFP)
49A02-1110-CR-931
Criminal. Affirms conviction of felony murder.
James O. Reichenbaugh v. State of Indiana (NFP)
02A03-1110-CR-492
Criminal. Affirms convictions of three counts of Class A felony child molesting, two counts of Class C felony child molesting, two counts of Class B felony sexual misconduct with a minor and one count of Class C felony sexual misconduct with a minor.
7th Circuit Court of Appeals
Svetlana Arizanovska v. Wal-Mart Stores, Incorporated
11-3387
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms District Court’s finding of summary judgment against Arizanovska on her claims of discrimination, retaliation and other state-law claims against her employer, Wal-Mart. Holds that Wal-Mart’s suggestion that Arizanovska take an unpaid leave of absence was outlined in company policy and was not an adverse, retaliatory response to her filing a discrimination claim.
The 7th Circuit Court of Appeals held that a woman failed to prove her claims of discrimination, retaliation and other complaints against her former employer.
The Indiana Supreme Court granted transfer to nine cases – six of them criminal – and denied transfer to 30 for the week ending June 8.
The names of three finalists for a judgeship on the Indiana Court of Appeals have been sent to Indiana Gov. Mitch Daniels for his review and selection.
Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.
7th Circuit Court of Appeals
IP of A West 86th Street 1, LLC, et al., v. Morgan Stanley Worldwide Capital Holdings, LLC
11-2891
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s summary judgment in favor of Morgan Stanley, holding that the company was entitled to structure the sale of a loan as it wished and that the company did not err in allowing a purchaser to use escrow funds to finance the sale.
Indiana Court of Appeals
Michael L. Criss v. State of Indiana (NFP)
84A05-1111-CR-632
Criminal. Affirms order revoking community corrections placement and committing Criss to the Indiana Department of Correction for a Class C felony battery conviction.
Ron Weathers v. Jessica Turley (NFP)
45A03-1109-CT-405
Civil tort. Reverses jury’s award of $86,250 in damages to Turley, holding that a list she provided the court showing losses contained no factual information and included items of no real monetary value. Remands for the court to award damages of $3,000.
Sucharita Ananthaneni v. Access Therapies, Inc. (NFP)
49A02-1109-PL-902
Civil plenary. Dismisses appeal of order denying motion to reconsider the refusal to set aside a default judgment entered in favor of Access Therapies, holding the appeal was not timely filed.
Steven G. Fraley v. State of Indiana (NFP)
76A03-1112-CR-565
Criminal. Affirms trial court’s order revoking probation.
Karen D. McGuinness v. Michael F. McGuinness (NFP)
49A02-1110-DR-937
Domestic relation. Reverses trial court’s decision setting aside the decree of dissolution of marriage and property settlement agreement, holding that the court erred in concluding the husband had entered into the agreement and signed other documents under duress because it failed to address the husband’s petition alleging fraud. Remands for further proceedings.
In the Matter of the Term. of the Parent-Child Rel. of: C.K. and R.K. v. Indiana Dept. of Child Services (NFP)
20A04-1110-JT-534
Juvenile. Affirms termination of father’s parental rights.
7th Circuit Court of Appeals
IP of A West 86th Street 1, LLC, et al., v. Morgan Stanley Worldwide Capital Holdings, LLC
11-2891
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s summary judgment in favor of Morgan Stanley, holding that the company was entitled to structure the sale of a loan as it wished and that the company did not err in allowing a purchaser to use escrow funds to finance the sale.
A man convicted of murder in Allen County will continue to serve a 65-year sentence after the Indiana Court of Appeals ruled that the callousness of the crime merited the consideration of numerous aggravators.
The Indiana Court of Appeals upheld on rehearing a Clark County man’s convictions of drug dealing and possession, among other charges.