Courtrooms shift in Southern District
With construction winding down at the Birch Bayh Federal Building and United States Courthouse in Indianapolis, there are two changes regarding bankruptcy judges’ courtrooms.
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Personal cars fall under federal act exemption
The billing agent for a central Indiana volunteer fire department can’t bill individuals involved in auto accidents with their personal vehicles for clean-up costs of hazardous substances, according to the 7th Circuit Court of Appeals.
7th Circuit affirms man’s remanded sentence
The 7th Circuit Court of Appeals has upheld the 210-month sentence received by a defendant on remand for attempting to coerce or entice a minor to engage in sexual activity.
Indiana becomes right-to-work state
Indiana Gov. Mitch Daniels signed legislation Wednesday making Indiana the 23rd right-to-work state. The law makes it illegal for any worker to be forced to pay union dues or fees or become a member of a labor union as a condition of employment.
Man loses challenge to denial of admission to Indiana bar
A Kansas attorney who was denied admission to join the Indiana bar can’t bring his suit against various state actors in federal court because of the Rooker-Feldman doctrine, the 7th Circuit Court of Appeals ruled Thursday.
Senate passes ‘right-to-work’ bill by narrow vote
The Indiana Senate voted 28-22 in favor of House Bill 1001, which would make it illegal to require employees to pay union dues as a condition of employment.
Opinions Feb. 1, 2012 ILD
The 7th Circuit Court of Appeals, Indiana Supreme Court, and Indiana Tax Court had issued no opinions by IL deadline.
Indiana Court of Appeals
Mitchell & Stark Construction Company, Inc. v. Strand Associates, Inc., as successor In interest to Sieco, Inc. (NFP)
36A04-1103-CT-79
Civil tort. Affirms trial court’s grant of summary judgment in favor of Strand Associates.
Cleverson J.R. Punturi v. State of Indiana (NFP)
63A04-1106-CR-339
Criminal. Affirms conviction of Class D felony sexual battery, but remands with instructions to the court to revise sentence to three years, with half of that served on probation and half served on work release, finding the sentence was inappropriate because the victim suffered no physical harm.
Opinions Feb. 1, 2012
Indiana Court of Appeals
Mitchell & Stark Construction Company, Inc. v. Strand Associates, Inc., as successor In interest to Sieco, Inc. (NFP)
36A04-1103-CT-79
Civil tort. Affirms trial court’s grant of summary judgment in favor of Strand Associates.
New clerk appointed in Northern District
Robert N. Trgovich has been appointed clerk of the court by the judges of the U.S. District Court for the Northern District of Indiana, the court announced Tuesday.
7th Circuit reverses in girls’ basketball discrimination complaint
The 7th Circuit Court of Appeals issued an opinion Tuesday stating it believes the appellants in a discrimination claim have presented a genuine question of fact that merits further review.
Opinions Jan. 31, 2012 ILD
Indiana Court of Appeals
Ronald D. Tiede v. State of Indiana (NFP)
91A04-1105-CR-248
Criminal. Affirms trial court’s denial of motion to withdraw guilty pleas to two counts of Class B felony dealing in methamphetamine and affirms trial court’s modification of the sentence contained in Tiede’s plea agreement.
Jason Schapker v. State of Indiana (NFP)
55A01-1106-CR-258
Criminal. Affirms revocation of probation.
Gary Hollin v. State of Indiana (NFP)
16A01-1108-CR-389
Criminal. Affirms trial court’s sentence following determination that Hollin violated his probation.
In the Matter of M.K., I.K., and N.K.; R.K. and E.K. v. Indiana Department of Child Services and Stephen P. Griebel (NFP)
02A03-1104-JC-151
Juvenile. Reverses trial court’s determination that a couple’s three children were children in need of services, holding that the Department of Child Services was overzealous in removing the children from the parents’ care at a time when the family was intact but had suffered a series of unfortunate circumstances.
Daddys 'O Pub, LLC v. Purkey Enterprises, Inc. (NFP)
29A02-1105-PL-439
Civil plenary. Affirms trial court’s determination that an 1897 deed did not create an easement in Purkey Enterprises’ building that would enable the owners of an adjoining pub to use its stairway to access the second story of the pub’s building.
Nick Khanthamany v. State of Indiana (NFP)
49A02-1106-CR-497
Criminal. Affirms convictions of felony murder and conspiracy to commit robbery.
James Eubanks, Jr. v. State of Indiana (NFP)
45A03-1105-CR-212
Criminal. Affirms sentence for Class B felony burglary.
Samantha Bradley v. State of Indiana (NFP)
49A02-1106-CR-513
Criminal. Affirms convictions of Class A misdemeanor criminal trespass and Class A misdemeanor resisting law enforcement.
Susan Kohl v. Duane Kohl (NFP)
34A05-1105-DR-289
Domestic relation. Affirms trial court’s determination that that husband’s pension should not be included as a marital asset, but finding that the wife presented sufficient evidence to rebut the statutory presumption that an equal division of marital property is just and reasonable; remands to the trial court with instructions to award 60 percent of the marital estate to the wife and 40 percent to the husband.
Brien Clayton v. State of Indiana (NFP)
79A02-1102-CR-138
Criminal. Affirms conviction of Class A felony dealing in cocaine, finding harmless any error in the admission of opinion testimony and sufficient evidence to support the conviction.
Indiana Tax Court had issued no opinions by IL deadline.
Opinions Jan. 31, 2012
7th Circuit Court of Appeals
Dale J. Atkins v. Michael Zenk
11-1891
Civil. Affirms U.S. District Court’s denial of habeas corpus petition, holding Atkins did not prove his claim that he was deprived of his Sixth Amendment right to effective assistance of trial counsel.
7th Circuit affirms denial of habeas corpus petition
A man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
Justices rule on admitting testimony in crash cases
The Indiana Supreme Court released companion cases Tuesday on the issue of admitting certain expert testimony under Indiana Rule of Evidence 702 in two separate car accident cases.
Officer did not violate 4th Amendment in finding gun in man’s coat
A police officer who arrested a man and then found a gun in his coat did not violate the man’s rights, the Indiana Court of Appeals held.
On petition for rehearing, appellate court affirms original opinion in drug case
A man convicted of Class D felony possession of methamphetamine asked the Indiana Court of Appeals to review its original opinion affirming the trial court.
Appellate court affirms murder conviction; reverses on corpse abuse conviction
The erroneous admission at trial of a statement a man made to police unquestionably influenced the jury verdicts regarding his convictions of burglary and abuse of a corpse, causing the Indiana Court of Appeals to reverse those convictions. But the COA affirmed his conviction of and sentence for murder.
COA affirms voyeurism charge for would-be prosecutor; Supreme Court issues suspension
The Indiana Court of Appeals has affirmed a voyeurism charge for William R. Wallace, a former candidate for Gibson County prosecutor. Wallace, who videotaped himself and a woman engaged in sexual intercourse, had filed an interlocutory appeal, claiming that he was innocent of Class D felony voyeurism because the sex was consensual.
Indiana Supreme Court takes 4 cases
The Indiana Supreme Court granted transfer in four cases for the week ending Jan. 27 and denied transfer in 11 others.