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Opinions Oct. 31, 2016
Indiana Court of Appeals
Justin S. Johnson v. State of Indiana
28A05-1602-CR-309
Criminal. Reverses Greene Superior Court decision to revoke Justin Johnson’s home detention and instead sentence him to seven years in the Department of Corrections. Remands with instructions to place Johnson in on work release.
COA: Mentally disabled man belongs in work release, not prison
A Greene County man whose home detention was revoked in favor of imprisonment will now be sent to a work-release facility after the Indiana Court of Appeals found that the man’s financial situation and documented mental illnesses were mitigating factors in his sentencing.
ACLU challenges Bedford sign ordinance limiting political expression
A Bedford man who was told he faced fines of $300 a day because of political signs he posted on his property has filed a federal lawsuit against the city with the backing of the American Civil Liberties Union of Indiana.
Supreme Court gives new chance to 5 Arizona inmates
The U.S. Supreme Court is ordering Arizona judges to reconsider life sentences with no chance of parole for five inmates who were convicted of murder for crimes they committed before they turned 18.
Justices sympathetic to girl suing school over service dog
The Supreme Court of the United States appears sympathetic to a 12-year-old Michigan girl with cerebral palsy who wants to sue school officials for refusing to let her bring a service dog to class.
Volunteer judges needed for Teen Court
For any lawyers interested in taking a turn on the bench, a nonprofit that provides services for troubled teens needs attorneys to serve as volunteer judges for its Teen Court programs in the Indianapolis area. The judges oversee the proceedings and counsel the first-time offenders.
COA: Police lawfully entered home; battery conviction upheld
A Richmond man’s request to have his conviction for battery against two police officers overturned was denied Monday by a panel of the Indiana Court of Appeals, which found that the officers had lawfully entered the man’s home because they suspected him of being armed and dangerous.
Supreme Court won’t hear challenge to FBI fitness test
The U.S. Supreme Court won’t hear a dispute over whether a physical fitness test for FBI special agents is biased against men.
Justices dismiss Texas case over deaf driver education
The U.S. Supreme Court has dismissed a case it took up earlier this year involving deaf people in Texas who had trouble getting drivers licenses.
Justices reject appeal from Alabama death row inmate
The Supreme Court of the United States has rejected an appeal from a death row inmate in Alabama who said evidence withheld by prosecutors entitled him to a new court hearing.
US justices will consider deportation law for sex offenders
The Supreme Court of the United States will decide whether the government can deport people who are not U.S. citizens if they are convicted in certain states of sexually abusing a minor.
SCOTUS to rule in Virginia transgender case
The U.S. Supreme Court will take up transgender rights for the first time in the case of a Virginia school board that wants to prevent a transgender teenager from using the boys' bathroom at his high school.
Seymour attorney with Alzheimer’s suspended for disability
A Seymour attorney who has been diagnosed with Alzheimer’s disease and who is facing a felony fraud charge has been suspended from the practice of law in Indiana because of his mental disability.
Opinions Oct. 28, 2016
Indiana Court of Appeals
Jennifer R. Quinn v. Daniel P. Quinn
49A02-1509-DR-1321
Domestic relation. Affirms Marion Superior Court order awarding custody of Jennifer and Daniel Quinn’s son to Daniel Quinn. Finds that the trial court did not abuse its discretion in calculating child support. Finds that the trial court abused its discretion in distributing the Quinn’s property because it did not include the value of all of the assets in the marital pot. Remands with instructions to the trial court to redistribute the Quinn’s property without a hearing.
COA awards custody to father, orders assets redivided
After a couple’s contentious battle in court over custody of their children and possession of their home, the Indiana Court of Appeals decided Friday their marital estate had not been correctly divided. However, the appellate court affirmed the decision to award custody of the children to their father.
State approves 6th e-filing provider
As electronic filing begins in Marion County Friday, Indiana state courts this week approved a sixth e-filing service provider, which is also the third to offer services free of charge.
Judge pro tem appointed in Morgan County
A senior judge will preside as a judge pro tem in Morgan County effective Monday, the Indiana Supreme Court ordered this week.
Jury awards more than $70M to woman in baby powder lawsuit
A St. Louis jury on Thursday awarded a California woman more than $70 million in her lawsuit alleging that years of using Johnson & Johnson's baby powder caused her cancer, the latest case raising concerns about the health ramifications of extended talcum powder use.
Oregon case jury delivers blow to government in lands fight
A jury delivered an extraordinary blow to the government in a long-running battle over the use of public lands when it acquitted all seven defendants involved in the armed occupation of a national wildlife refuge in rural southeastern Oregon.