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Opinions Feb. 7, 2012 ILD

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Justin Woodhouse v. State of Indiana (NFP)
56A04-1105-CR-324
Criminal. Dismisses appeal of the trial court’s denial of Woodhouse’s motion to dismiss the state’s notice of a probation violation.

Christopher Short v. State of Indiana (NFP)
48A05-1107-CR-362
Criminal. Affirms denial of motion for discharge pursuant to Indiana Criminal Rule 4(B).

R.W. v. M.R. (NFP)
48A04-1106-MI-331
Miscellaneous. Reverses order on clarification granting M.R. visitation with R.W.’s minor children. Remands with instructions.
 

Opinions Feb. 7, 2012

7th Circuit Court of Appeals
Roy Wirtz, et al. v. City of South Bend
11-3811
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms dismissal of the city’s motion to appeal a case arising under the First Amendment’s establishment clause. Although the city is challenging two appealable orders, the challenge is untimely. The appeal is also moot.

Judges reverse felony sexual battery conviction

Because the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor battery.

Homeowners’ association can enforce ban on child day care

The Indiana Court of Appeals reversed the decision that would allow two homeowners to run a child care operation out of their residences. The homeowners’ association has restrictive covenants in place prohibiting the operation of a child care home.

7th Circuit dismisses South Bend’s appeal

The 7th Circuit Court of Appeals was presented a novel jurisdictional issue Tuesday: whether a municipal land use case can come within the exception to the doctrine of mootness for cases that are capable of repetition yet elude review.

Justice interviews begin Wednesday

The interviews of the 15 applicants to be the next Indiana Supreme Court justice begin Wednesday afternoon in the Indiana Statehouse.

Judge orders refund of legislative fines

The Democratic members of the Indiana House who faced fines for failing to attend sessions in protest of right-to-work legislation will be reimbursed any amount withheld in 2011, according to a ruling from Marion Superior Judge David Dreyer. The judge also ordered that any fines imposed this session may not be collected.

Opinions Feb. 6, 2012 ILD

7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Continental Electric Co., Inc. v. Gary Community School Corporation (NFP)
45A05-1105-PL-247
Civil plenary. Affirms denial of Continental Electric’s request for a preliminary injunction.

Meranda White v. State of Indiana (NFP)
49A02-1108-CR-687
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Daniel Thompkins v. State of Indiana (NFP)
49A04-1108-CR-429
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Michael V. Lane v. State of Indiana (NFP)
49A05-1108-CR-462
Criminal. Affirms denial of motion to correct erroneous sentence.

 

Student sues over ‘I (heart) BOOBIES’ bracelet

The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of a northern Indiana middle school student who believed he would be expelled if he didn’t cover up his bracelet that said “I (heart) BOOBIES.”

Attorneys needed to help low-income Indianapolis residents

The Health and Human Rights Clinic at Indiana University Robert H. McKinney School of Law is looking for attorneys to team with its clinical faculty to provide pro bono representation to low-income residents in Indianapolis.

Governor appoints interim secretary of state

After Indiana Secretary of State Charlie White was found guilty of six felony charges Feb. 4, Gov. Mitch Daniels appointed Jerry Bonnet as interim secretary of state. A convicted felon cannot hold statewide office in Indiana.

Justices accept 2 cases

The Indiana Supreme Court granted transfer to two cases, including one involving the validity of a search warrant.

Opinions Feb. 3, 2012 ILD

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Elmer J. Bailey v. State of Indiana (NFP)
49A02-1106-CR-487
Criminal. Reverses conviction of Class D felony domestic battery and remands with instructions to enter judgment of conviction for Class B misdemeanor battery and for resentencing.

John D. Jenkins Revocable Living Trust, John D. Jenkins, Trustee v. Peru Utility Service Board, City of Peru and Peru Common Council (NFP)
52A02-1106-PL-540
Civil plenary. Affirms trial court finding that no taking occurred by Peru Utilities, the city of Peru and Peru Common Council and decision to not enter a declaratory judgment order as to the rights and obligations of the trust and the defendants with regard to payment of fees.

Roslyn Adkins v. State of Indiana (NFP)
49A02-1107-CR-626
Criminal. Affirms convictions of and sentence for Class C felony battery, enhanced for the use of a deadly weapon.

Jerry Williams v. State of Indiana (NFP)
33A01-1105-CR-209
Criminal. Affirms denial of motion for a new trial.
 

Opinions Feb. 3, 2012

7th Circuit Court of Appeals
Larry Davis v. Kris Ockomon, et al.
10-2589
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms finding that the position of senior humane officer for the city of Anderson was a policymaking position and therefore Davis could be dismissed for political reasons. City ordinances authorized the senior humane officer to exercise policymaking discretion.

Court agency uses Super Bowl week to test disaster plan

The Indiana Supreme Court Division of State Court Administration is taking advantage of the influx of visitors to central Indiana this week to determine if the agency can function from a remote location in case of a disaster.

7th Circuit upholds firearm conviction

The 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking crime, finding there was sufficient evidence to support the conviction.

Federal judge speaker at Black History Month celebration

U.S. Judge Tanya Walton Pratt of the Southern District of Indiana is the featured speaker and will present remarks on “Celebrating the Role of the Courts in Indiana’s Black History,” Feb. 10 at the federal courthouse in Indianapolis.