Indiana Supreme Court accepts one case; denies transfer to seven
Indiana’s high court has granted transfer in a case that left the Court of Appeals divided.
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ACLU appoints interim director
The American Civil Liberties Union of Indiana has named longtime board member Frank Young as interim executive director.
Prosecutor’s office to hold child abuse prevention forum
The Marion County Prosecutor’s Office will hold a child abuse prevention forum from 10 a.m. to noon April 14 at Ivy Tech Community College, Illinois Fall Creek Center Building, Community Room, 50 W. Fall Creek Parkway North Drive, Indianapolis.
Opinions April 6, 2012 ILD
Indiana Supreme Court, Indiana Tax Court and Indiana Court of Appeals issued no opinions Friday.
Opinions April 6, 2012
7th Circuit Court of Appeals
Beverly K. Copeland, et al. v. Penske Logistics LLC; Penske Logistics, Inc.; and Chauffeurs, Teamsters, Warehousemen and Helpers Local Union Number 135
11-1955
U.S. Ditrict Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. In hybrid breach-of-contract/duty-of-fair representation suit, affirms District Court’s grant of summary judgment in favor of the defendants in the matter of fair representation. Citing lack of subject matter jurisdiction, remanded for dismissal of the claim that the union failed to engage in good faith bargaining.
7th Circuit holds dispute is a matter for national labor board
The 7th Circuit Court of Appeals held that only the National Labor Relations Board has authority to hear a complaint from employees who brought a hybrid suit against an employer and labor union.
IU McKinney dean named to Court of Arbitration for Sport
Indiana University Robert H. McKinney School of Law Dean Gary R. Roberts has been appointed to the Court of Arbitration for Sport (CAS). CAS is independent of any sports organization and provides services to facilitate the settlement of sports-related disputes through arbitration or mediation by means of procedural rules adapted to specific sports.
COA judge applications due May 9
The Indiana Judicial Nominating Commission has announced its timeline for selecting the replacement for Judge Carr Darden, who is retiring this summer from the Indiana Court of Appeals.
U.S. Copyright Office counsel to speak at IU Maurer
A senior-level attorney for the United States Copyright Office will deliver a public talk on April 9 at Indiana University Maurer School of Law.
Appellate court dismisses small claims venue case
The Indiana Court of Appeals has determined that a small claims venue question is not on the list of authorized interlocutory appeals, so it dismissed a case arising out of southern Indiana.
Homeowner association has authority to decide on new home proposal
The Indiana Court of Appeals has upheld a lower court’s ruling against two homeowners challenging their homeowners association’s interpretation of covenants on building a new home.
Majority reverses conviction based on meth manufacturing
A divided Indiana Court of Appeals has determined that the state can’t use the amount of manufacturing materials and empty packets of ingredients at a person’s home to prove he was dealing in that substance, without clear evidence the drug would have been produced in that amount.
Northern District seeks magistrate in Hammond
The Judicial Conference of the United States has authorized the appointment of a full-time magistrate judge for the Northern District of Indiana in Hammond. Applications are being accepted for the position.
Court preserves woman’s day in court despite delays
The Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in court was too harsh.
Opinions April 5, 2012 ILD
The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.
Indiana Court of Appeals
Joshua J. Sharp v. State of Indiana (NFP)
20A03-1109-CR-422
Criminal. Affirms trial court’s denial of a motion to suppress evidence in a jury trial of felony possession of a controlled substance found during a police search. Appellate court determined evidence shows defendant did not restrict his consent to search his vehicle, and so no Fourth Amendment or Indiana Constitution violation occurred.
Isaac Jones v. State of Indiana (NFP)
49A02-1106-PC-548
Post-conviction. Affirms trial court’s denial of a post-conviction relief petition, finding that Isaac Jones’ claim of ineffective assistance of counsel is barred by res judicata.
Debra A. Edwards v. State of Indiana (NFP)
30A04-1110-CR-528
Criminal. Affirms trial court judgment excluding the testimony of an allegedly biased material witness, finding it does not constitute reversible error in the felony theft conviction case.
Opinions April 5, 2012
Indiana Court of Appeals
GMAC Mortgage, LLC v. Ronald Glenn Dyer
28A04-1107-MF-404
Mortgage Foreclosure. Reverses trial court’s order that GMAC Mortgage rewrite an agreement about an FHA-insured loan that Ronald Dyer defaulted on. Appellate court held that under federal law and HUD regulations, deeds in lieu of foreclosure release the borrower from any mortgage obligation and in this case the standard language GMAC used was sufficient.
Panel disagrees on foreclosure settlement resolution
The Indiana Court of Appeals has ruled that federal law and housing regulations require that deeds in lieu of foreclosure release the borrower from any mortgage obligation, and the mortgage company issuing an agreement can use that federal language in the contract.
Summary judgment affirmed in favor of attorney
An attorney who withdrew as counsel for two related family-owned businesses did not make false and defamatory statements in explaining his withdrawal, the Indiana Court of Appeals held.
COA holds false customer review violates no-contact order
The Indiana Court of Appeals affirmed a trial court’s revocation of probation for a man who wrote a false review of his father’s cleaning company.
Judges affirm decision in speedy trial claim
A Hendricks County judge did not err in denying a man’s motion that his criminal case be discharged because the state failed to conduct a speedy trial within one year of charges being filed, the Indiana Court of Appeals ruled.