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Two former NCAA athletes whose scholarships were revoked following injuries have lost their suit that argued without certain NCAA Division I bylaws, they would have received multi-year athletic scholarships that would have covered the cost of their bachelor’s degrees.
The Indiana Court of Appeals stopped short Wednesday of saying in a negligence suit involving a slip and fall that under any circumstance a home detention officer visiting a detainee at his place of employment is a business visitor.
Indiana University School of Law-Indianapolis has planned its inaugural Biomedical and Health Industry Law Compliance Conference for Sept. 21. The keynote speaker is Joyce R. Branda, director of the Fraud Section of the U.S. Department of Justice’s Commercial Litigation Branch.
The formal swearing-in ceremony for Magistrate Judge Denise K. LaRue of the U.S. District Court, Southern District of Indiana, is at 2 p.m. Sept. 8 in Courtroom 202 of the Birch Bayh Federal Building and United States Courthouse in Indianapolis. The event is open to the public.
7th Circuit Court of Appeals
Jeffrey William Paul v. Helen J. Marberry, et al.
10-3670
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses District Court’s denial of Paul’s motion to be allowed to proceed in forma pauperis on the grounds that he had three strikes and remands for further proceedings. Since most prisoners litigate their civil claims pro se, they should not be required to speculate on the grounds the judge could or even should have based the dismissal on. Classifying a strike depends on the grounds given for it.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Clarence T. Hawkins James v. State of Indiana
20A05-1101-CR-61
Criminal. Affirms convictions of Class B felony conspiracy to commit armed robbery, Class B felony burglary, and Class C felony robbery while armed with a deadly weapon. The charges against James were not only alleged as separate and distinct acts; the charges as alleged were proved by separate and distinct evidentiary facts. There is no reasonable possibility the jury relied on the same evidentiary facts to find him guilty of conspiracy to commit armed robbery and robbery while armed with a deadly weapon. The trial court did not err in instructing the jury.
L.R. v. State of Indiana (NFP)
49A05-1101-JV-25
Juvenile. Affirms denial of motion to vacate and set aside juvenile delinquency adjudications.
Keland L. Brown v. State of Indiana (NFP)
34A02-1010-MI-1145
Miscellaneous. Reverses denial of motion to set aside default judgment and remands for the trial court to vacate the entry of default judgment and for further proceedings.
Torin Herbert v. State of Indiana (NFP)
79A02-1010-PC-1080
Post conviction. Affirms denial of petition for post-conviction relief.
Keytron W. Johnson v. Sate of Indiana (NFP)
02A04-1101-PC-45
Post conviction. Affirms denial of motion to correct erroneous sentence.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court has granted three transfers and denied 28 for the week ending Sept. 2.
7th Circuit Court of Appeals
Jeffrey William Paul v. Helen J. Marberry, et al.
10-3670
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses District Court’s denial of Paul’s motion to be allowed to proceed in forma pauperis on the grounds that he had three strikes and remands for further proceedings. Since most prisoners litigate their civil claims pro se, they should not be required to speculate on the grounds the judge could or even should have based the dismissal on. Classifying a strike depends on the grounds given for it.
The Indiana Supreme Court has granted transfer to three cases, including one that led to a split in the lower appellate court in a child support case.
A Morgan Circuit judge had jurisdiction to order a Unionville attorney to pay $75,000 to the county clerk after finding the attorney in contempt, the Indiana Court of Appeals ruled Tuesday.
A Marion County attorney who later served as judge of the Circuit Court and as a United States Magistrate Judge died Sept. 1.
The Indianapolis Bar Association Women & the Law Division is offering several scholarships for its “Women, Law & Leadership” symposium, Oct. 5 and 6 at Crowne Plaza Indianapolis Downtown at Historic Union Station. Scholarship applications are due by Sept. 9.
The American Civil Liberties Union of Indiana’s First Wednesday discussion panel on Sept. 7 will tackle the issue of bullying.
Beginning Thursday, five distinguished scholars from around the world will share their work during the Center for Intellectual Property Research IP Colloquium at Indiana University Maurer School of Law in Bloomington.
7th Circuit Court of Appeals
United States of America v. Jake Richardson III
11-1205
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Criminal. Richardson has not shown that the District Court erred by admitting the physical evidence found on him after a traffic stop or by admitting evidence of the statements Richardson volunteered to police.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Kirby D. Edwards v. State of Indiana
18A02-1102-CR-118
Criminal. Affirms determination that Edwards is a sexually violent predator. The trial court, after weighing the doctors’ reports and testimony, considering the presentence investigation report, and finding that Edwards also had a lack of remorse, did not abuse its discretion in determining he should be classified as a SVP. Also, Ind. Code 35-38-1-7.5(e) does not require that the doctors who evaluate a defendant conduct the evaluations separately.
Anthony Wheeler v. State of Indiana (NFP)
49A02-1101-PC-22
Post conviction. Affirms denial of petition for post-conviction relief.
Anthony W. Dalton v. State of Indiana (NFP)
20A03-1101-CR-26
Criminal. Affirms sentence following guilty plea to Class C felony battery and Class B misdemeanor public intoxication.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Gary Williams and Nancy Meehan v. Rohm and Haas Pension Plan
10-1978, 10-2175, 10-3713
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Sarah Evans Barker.
Civil. Affirms $180 million settlement and approval of $43.5 million in attorney fees. The District Court adequately addressed the expected value of the early retirees’ claims. The District Court did not abuse its discretion by not creating a separately represented subclass of early retirees. The 7th Circuit sees no reason to disturb the District Court’s assessment of attorney fees.
The 7th Circuit Court of Appeals has upheld a $180 million settlement and grant of $43.5 million in attorney fees in a dispute between retirement plan participants and their former employer. Some class members objected to the amount of attorney fees, but the 7th Circuit saw no reason to disturb the lower court’s decision.
The Indiana Court of Appeals has reversed the denial of a mother’s request to set aside grandparent visitation, finding the grandmother filed her petition in the incorrect court.
Requiring inmates to wear lightweight jumpsuits instead of shirt and pants is not cruel and unusual punishment, ruled the Indiana Court of Appeals.
The 7th Circuit Court of Appeals has ruled it does not have jurisdiction to review immigration orders denying a specialized visa to a non-citizen trying to stay in the country after assisting in an investigation or prosecution.
A grandmother has lost her right to petition for visitation rights after her son’s parental rights were terminated, so the trial court was correct in dismissing her petition, the Indiana Court of Appeals held Thursday.
The following opinion was posted after IL deadline Wednesday:
Indiana Tax Court
Lyle Lacey v. Indiana Department of State Revenue
49T10-1102-TA-7
Tax. Dismisses Lacey’s petition regarding his 2008 adjusted gross income tax liability. The issues in this action are substantially the same as those decided in Lacey v. Ind. Dep’t of State Revenue (Lacey II), 948 N.E.2d 878 (Ind. Tax. Ct. 2011).
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Mark E. Croy v. State of Indiana
48A02-1012-CR-1383
Criminal. Affirms convictions of Class D felony domestic battery and sentence imposed for that conviction and for Class D felony criminal confinement. The evidence is sufficient to show that Croy and Betty Cox had a spousal relationship at the time Croy attacked his ex-girlfriend. The sentence is appropriate.
Richard M. Clokey v. Penny M. Bosley Clokey
84A01-1009-DR-450
Domestic relation. Affirms trial court’s award of spousal support to Penny Clokey. The trial court was within its discretion to determine that Richard Clokey had transferred and commingled funds from the marital pot to the trust only he had access to and that he had dissipated funds when the court determined the appropriate distribution of the marital pot.
James Casey v. State of Indiana (NFP)
49A05-1101-CR-40
Criminal. Affirms conviction of Class A misdemeanor dealing in marijuana and reverses conviction of Class A misdemeanor possession of marijuana. Remands with instructions.
First Savings Bank, F.S.B. v. Baird Realty Appraisal Consultants, Inc., Richard R. Baird, and Glen Sperzel (NFP)
22A05-1008-CT-479
Civil tort. Affirms dismissal of the bank’s complaint because it was filed outside the two-year statute of limitations for negligence claims.
Sylvester Buckingham, Jr. v. State of Indiana (NFP)
71A03-1102-CR-107
Criminal. Affirms conviction of Class D felony possession of paraphernalia.
Michael L. Edwards v. State of Indiana (NFP)
59A05-1011-PC-769
Post conviction. Affirms denial of petition for post-conviction relief.
In Re: The Marriage of A.T.S. and B.K.T. (NFP)
20A05-1008-DR-564
Domestic relation. Affirms grant of motion to correct error regarding the amount of child support arrearage payable by father and denial of mother’s petition to transfer the case from Indiana to North Carolina. Remands with instructions to conduct a hearing upon mother’s allegation that father is in contempt of court for failure to pay a property settlement judgment.
Rikkia Weatherford v. State of Indiana (NFP)
54A04-1102-CR-65
Criminal. Affirms revocation of probation.
Daniel Wilkins v. State of Indiana (NFP)
02A03-1103-PL-119
Civil plenary. Affirms denial of motion for the return of property that was subject to a forfeiture action by the state.
Anthony Arnold v. State of Indiana (NFP)
31A01-1012-CR-689
Criminal. Affirms convictions of and sentence for Class B felony dealing in methamphetamine, Class D felony maintaining a common nuisance, Class D felony neglect of a dependent, and Class A misdemeanor possession of paraphernalia. Affirms sentence following guilty plea to Class D felony possession of methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanor possession of paraphernalia.
McKenna T. Groves v. State of Indiana (NFP)
82A01-1102-CR-115
Criminal. Affirms conviction of Class A misdemeanor conversion.
Oswaldo Santos v. Allen County Sheriff (NFP)
02A05-1010-CT-654
Civil tort. Affirms summary judgment resulting in the dismissal of Santos’ claim against the sheriff.
Thomas Smith v. State of Indiana (NFP)
38A04-1008-CR-478
Criminal. Grants rehearing, vacates portion of earlier decision affirming Smith’s one-year sentence for contempt, and remands to the trial court to re-sentence him to a term not to exceed six months. Affirms original decision in all other respects.
Indiana Tax Court had posted no opinions at IL deadline.