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Vote set on federal magistrate’s nomination

The U.S. Senate plans to vote Monday on an Indianapolis federal magistrate’s nomination for a constitutionally created
judgeship in the Southern District of Indiana.

SCOTUS reverses 7th Circuit on sex offender registration

The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal
sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.

7th Circuit won’t stay ruling, despite likely SCOTUS appeal

The 7th Circuit Court of Appeals won’t stay its ruling that allows an independent state agency access to records about
mentally ill inmates’ treatment, even though the Indiana government agency being sued is appealing to the Supreme Court
of the United States.

COA: Breathalyzer certificate is not testimonial

For the first time since the Supreme Court of the United States’ 2009 ruling that found a defendant had a Sixth Amendment
right to confront the analysts who prepared lab certificates certifying the defendant had cocaine, the Indiana Court of Appeals
ruled that a trial court did not violate the defendant’s right to confrontation by allowing the inspection certificate
for a breathalyzer into evidence, even though the certifier of the equipment did not testify at trial.

Justices: No error in declaring mistrial

A trial court's determination to discharge a jury at a defendant's second trial wasn't an abuse of discretion,
the Indiana Supreme Court ruled Tuesday.

Breach of contract

Aviation Professionals Institute, LLC v. Gary/ Chicago International Airport Authority

Wrongful death

Jennifer Murphy, as parent of Travis Tyler Hensley, deceased v. DB Mobile Home Park

Dog bite to child

Steven and Jessica Russell, as parent of Caroline Russell, a minor v. Charles and Sherry Baughman

Justices vacate transfer grant, reinstate COA ruling

The Indiana Supreme Court has decided to not consider a case that justices had granted transfer on late last year, reinstating
a lower appellate court’s ruling that a trial judge had abused her discretion in admitting a blood test in a drunken
driving case.

Disciplinary Commission asked to investigate its new leader

A Dearborn County commissioner is accusing the county attorney of wrongly accusing two officials of violating federal law
and wants the Indiana Supreme Court Disciplinary Commission to launch an investigation of its soon-to-be leader who starts
in that office in mid-June.

Justices rule on case about worker’s compensation, damages

Upholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered
guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining
punitive damage awards.

Court rejects stale trash evidence argument

The Indiana Court of Appeals has rejected an argument that evidence found in a trash search was stale because no other garbage
had been collected in the past two weeks and that seized material could have been too old.

Opinions – May 26, 2010

7th Circuit Court of Appeals
Tracey Wallace
and Eric Wallace v. Jonathan S. McGlothan
07-4059
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney
Civil. Affirms jury verdict in favor of and damages in the amount of $700,000 to the Wallaces following their diversity suit
against Dr. McGlothan. The Wallaces sued Dr. McGlothan for medical malpractice following surgery he performed on Tracey Wallace
to correct her vision problems. The procedure ended up causing more harm than good.