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Opinions March 22, 2018

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday.

Freedom From Religion Foundation v. Concord Community Schools
17-1591, 17-1683
Appeals from the U.S. District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Civil. Affirms District Court ruling that the Concord Community Schools’ 2015 “Christmas Spectacular” show, modified to de-emphasize Christian elements in the 2014 show, did not violate the Establishment Clause of the Constitution. Judge Frank Easterbrook concurs in a separate opinion. 

Supreme Court hears criminal gang enhancement case

After his criminal gang enhancement was vacated on appeal, a Vanderburgh County man’s sentence for various armed robbery charges reduced from 60 to 30 years. Now, the state is arguing the trial court should have discretion to resentence the defendant in accordance with his crimes, but the defendant claims no such discretion exists.

Despite ‘role of Grinch,’ 7th Circuit won’t stop Christmas show

An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading role in a revival, won the reluctant blessing of the 7th Circuit Court of Appeals.

Neighbor lacks case despite ‘havoc’ after home built on higher land

While agreeing that water flowing from a neighbor’s property after construction of a new home on higher ground “wreaks havoc” on the property below, a trial court’s decision that the owner of the lower ground has no right of action was affirmed Thursday by the Indiana Court of Appeals.

Barnes & Thornburg opens San Diego office

Barnes & Thornburg LLP has announced the opening of its second California location, this time in San Diego. The firm’s first West Coast location opened in 2011 in Los Angeles.

Indiana justices to rule on lawyer in death penalty case

The Indiana Supreme Court will consider an appeal that challenges a ruling to remove a Fort Wayne defense attorney from a death penalty case. Allen Superior Judge Fran Gull removed defense attorney Nikos Nakos from Marcus Dansby’s death penalty case, citing his lack of training.

Opinions March 21, 2018

Indiana Court of Appeals
R. Kinsey Brooks, Susan K. Brooks v. Bank of Geneva
01A05-1709-MF-2174
Mortgage foreclosure. Reverses the grant of summary judgment in favor of Bank of Geneva on the denial of R. Kinsey Brooks and Susan Brooks’ motion for summary judgment. Finds the mortgage on the Brookses’ property should have been released as a matter of law. Remands with instructions for the mortgage on the property to be released and for consideration of the Brookses’ abuse of process claim.

Scopelitis announces opening of Seattle branch

Indianapolis-based Scopelitis, Garvin, Light, Hanson & Feary, P.C., announced Monday the opening of a new Seattle branch. The new location brings the firm’s total U.S. offices to 14.

Hendricks Regional, Hall Render face $50M lawsuit over failed deal

A lawsuit against Hendricks Regional Health and an Indianapolis law firm representing the hospital group alleges they used “malicious, oppressive, willful, wanton, and/or reckless conduct,” conspiring to squelch a competitor’s deal to operate 23 Indiana care facilities after Hendricks’ contract was terminated.

Little confrontation at 7th Circuit nominees’ hearing

Amy St. Eve and Michael Scudder, the two nominees for the 7th Circuit Court of Appeals, breezed through their confirmation hearing Wednesday, facing few pointed questions and not being called to defend any of their past actions.

COA orders bank to release mortgage on Adams County farmland

An Adams County couple will be released from the mortgage on their farmland after the Indiana Court of Appeals determined the bank altered the terms of the promissory note secured by the mortgage, entitling the couple to release.

Supreme Court limits reach of tax crime statute

The Supreme Court is making it harder for the federal government to use a section of the tax law to convict someone of a crime. The court Wednesday limited the application of a statute that the government had interpreted to give it a broad ability to charge someone with obstructing or impeding the work of the Internal Revenue Service.

Judge holds climate change class in suits against big oil

A federal judge presiding over lawsuits that accuse big oil companies of lying about global warming to protect their profits is turning his courtroom into a classroom in what could be the first hearing to study the science of climate change.

Round 1: Marion County panel gives 17 judges retention nod

After roughly eight hours of interviews, dozens of documents and one unanimous vote, 17 Marion Superior judges have been recommended for retention by a recently created committee whose existence marks a new era for the Indianapolis judiciary.

retention-2-bp450.jpg

Opinions March 20, 2018

Indiana Court of Appeals
Dustin McCarty v. State of Indiana
84A04-1707-CR-1599
Criminal. Reverses the probationary conditions imposed on Dustin McCarty after he was sentenced to 2½ years, with 290 days executed and the remainder suspended to probation, for Class D felony battery by bodily waste and Class A misdemeanor resisting law enforcement. Finds the Vigo Superior Court committed harmless error when it failed to provide McCarty with written conditions of probation at sentencing. Remands with instructions.