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.
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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.
Opinions Feb. 6, 2012
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.
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.
7th Circuit affirms official’s termination
The city of Anderson was justified in firing an official who failed to support a mayoral campaign, the 7th Circuit Court of Appeals held Friday.
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.
Appellate court to visit Sellersburg for arguments
The Indiana Court of Appeals will travel to a southern Indiana high school to hear a civil case involving First Amendment claims for a police officer’s private statements.
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.
Justices uphold driver’s license suspension
The Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle when he commits the offense.
Opinions Feb. 2, 2012 ILD
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Jeffrey Allen Rowe v. William K. Wilson (NFP)
46A04-1109-SC-476
Small claim. Reverses dismissal of Rowe’s claim for failure to pay the filing fee and remands with instructions to impose a filing fee of $0.65.
Eric C. Roach v. State of Indiana (NFP)
62A01-1108-CR-367
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.
Alex R. Voils, Jr., Vicki L. Voils v. Everhome Mortgage Co. (NFP)
06A01-1101-MF-66
Mortgage foreclosure. Affirms denial of the Voilses’ request to set aside the sheriff’s sale.
Term. of Parent-Child Rel. of A.C., a minor child, and her Father, D.B.; D.B. v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A05-1105-JT-286
Juvenile. Affirms involuntary termination of parental rights.
Opinions Feb. 2, 2012
7th Circuit Court of Appeals
Emergency Services Billing Corp. Inc., individually (and as agent for) agent of Westville Volunteer Fire Department v. Allstate Insurance Co., et al.
11-2381
U.S. District Court, Northern District of Indiana, Hammond Division at Lafayette, Judge John E. DeGuilio.
Civil. Affirms dismissal of ESBC’s suit seeking individuals involved in car accidents are responsible for the clean-up costs of hazardous substances released after accidents. A motor vehicle owned for personal use is a “consumer product in consumer use” under the Comprehensive Environmental Response, Compensation and Liability Act, and thus owners/operators of personal motor vehicles are exempt from CERCLA’s response-cost provisions.
Valparaiso Law School hosts immigration conference
Valparaiso University School of Law will host a conference on children and immigration from 9 a.m. to 4 p.m. Feb. 10 at Wesemann Hall.
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.