R.R. Donnelly loses appeal over shipping pallet taxes
A company’s purchase of shipping pallets is subject to Indiana use tax according to a ruling of the Indiana Tax Court issued Thursday.
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Prisoner’s Zantac lawsuit gives federal judges heartburn
An Indiana inmate’s lawsuit claiming prison staff showed deliberate indifference in denying him Zantac to treat a known esophageal reflux condition erupted in a war of words between two 7th Circuit Court of Appeals judges.
COA upholds human trafficking conviction
The Indiana Court of Appeals took a plain reading of state statute to counter a defendant’s argument that the state had to prove intent in order to sustain a conviction of attempted promotion of human trafficking.
Doctor who appealed attorney fees award now owes more
A northern Indiana doctor who lost a jury trial after he left a practice and started his own, and was ordered to pay damages and his former practice’s attorney fees, now may be on the hook for even greater costs.
Rehearing upholds drug conviction resulting from traffic stop
An Indianapolis man who got a second bite at the apple could not convince the Indiana Court of Appeals his traffic stop lasted too long.
Identification of defendant via phone calls and texts upheld by COA
A Grant County man argued threatening phone calls could not be linked to him, but he was unable to overcome the testimony by people who knew the sound of his voice.
Justice Boehm gets nod for special redistricting commission
Former Indiana Supreme Court Justice Ted Boehm has been given a seat on the special committee set to examine gerrymandering, a common political manipulation that he once called toxic.
Fogle attorney: Jared taking responsibility for ‘deplorable behavior’
The attorney for Jared Fogle said the former Subway pitchman was accepting responsibility for “his deplorable behavior” as he agreed Wednesday in federal court to plead guilty to paying for sex acts with minors and receiving child pornography.
Opinions Aug. 19, 2015 ILD
Indiana Court of Appeals
In the Matter of the Termination of T.P. & D.P. (Minor children) E.N. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
49A02-1501-JT-35
Juvenile. Affirms involuntary termination of parent-child relationship between E.N. (mother) and her children, T.P. and D.P.
Opinions Aug. 19, 2015
7th Circuit Court of Appeals
Kyle D. Alaura v. Carolyn W. Colvin
15-1727
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division
Chief Judge Philip P. Simon
Agency action. Reverses denial of application for total disability benefits, which was premature, and remands to the District Court for further consideration of Alaura’s claim.
Unpaid student loan splits 7th Circuit
A 7th Circuit Court of Appeals panel has split with each judge writing a separate opinion about a lawsuit brought by a student who defaulted on her school loans and then sued when the lending agency tacked on collection costs.
Columbus landowner loses appeal of subdivision denial
The city of Columbus Plan Commission did not abdicate its authority to a resident’s neighbors when it denied an application to subdivide a piece of property into three lots of about one acre apiece.
Jailhouse calls to girlfriend urging sex with son properly admitted
A jailed man’s 15 phone calls with his girlfriend urging her to have sex with her learning-disabled son to show he wasn’t gay were properly admitted as evidence that led to his conviction of conspiracy to commit child molesting.
Indiana to get $1.3M slice of Amgen settlement
Biotech drugmaker Amgen will pay $71 million to settle an investigation into illegal marketing of its drugs Aranesp and Enbrel, ending an investigation by 48 states and Washington, D.C.
Fogle to plead guilty to sex acts with minors, child porn
Longtime Subway pitchman Jared Fogle has agreed to plead guilty to allegations that he paid for sex acts with minors and received child pornography that he knew had been secretly produced by the former director of his charitable foundation.
Indiana lawmakers to consider DNA testing felony arrestees
An Indiana legislative study panel heard testimony from a national advocate for DNA sampling who is urging them to expand testing to any person arrested for a felony.
Denial of disability benefits premature, 7th Circuit rules
An Indiana man who sustained long-lasting brain injuries after he was struck in the head with a barstool was improperly denied total Social Security disability benefits, the 7th Circuit Court of Appeals ruled Tuesday.
Former Lake County judge eyeing AG nomination
A former Lake County judge has formed a campaign committee to seek the Democratic nomination for Indiana attorney general.
Opinions Aug. 18, 2015 ILD
Indiana Court of Appeals
Robert E. Helmer v. TLC Properties, Inc. (mem. dec.)
45A03-1501-PL-34
Civil plenary. Affirms summary judgment in favor of TLC Properties, record owner of an easement on property Helmer bought at a tax sale.
Christopher Spain v. State of Indiana (mem. dec.)
15A01-1502-CR-68
Criminal. Affirms convictions for Class B felony conspiracy to commit dealing Schedule III controlled substance and Class D felony conspiracy to commit theft.
In the Matter of the Termination of the Parent-Child Relationship of: S.M. & M.M. (minor children) and M.M. (mother) v. The Ind. Dept. of Child Services (mem. dec.)
49A02-1502-JT-97
Juvenile. Affirms termination of parental rights.
Warren David Berglund v. Victoria L. Schutzius (mem. dec.)
74A01-1409-PL-388
Civil plenary. Affirms order that Berglund become the sole owner of certain real estate subject to a lien in favor of Schutzius. Afirms order denying his counterclaims for breach of fiduciary duty, conversion and unjust enrichment.
Horizon Bank, N.A. v. Centier Bank (mem. dec.)
46A04-1409-MF-408
Mortgage foreclosure. Reverses denial of motion to set aside default judgment, finding the trial court abused its discretion because Horizon was entitled to relief from the judgment by demonstrating excusable neglect and a meritorious defense. Remands for proceedings.
Everett E. Powell, et. al v. Green Tree Servicing LLC (mem. dec.)
49A02-1411-MF-783
Mortgage foreclosure. Reverses denial of Powell’s motion seeking relief from the court’s summary judgment order, finding the trial court abused its discretion when it failed to provide Powell notice of the date and time of a rescheduled summary judgment hearing. Remands for proceedings.
Kenneth Jaquin Washington v. State of Indiana (mem. dec.)
45A03-1501-CR-11
Criminal. Affirms five-year sentence for conviction of Class C felony possession of cocaine.
Opinions Aug. 18, 2015
7th Circuit Court of Appeals
Carlton Hart v. Christine Mannina, et al.
14-1347
Appeal from the District Court for the Southern District of Indiana, Indianapolis Division
Judge William T. Lawrence
Affirms grant of summary judgment in favor of Mannina, an Indianapolis Metropolitan Police Department detective, and other police defendants. Hart was arrested in a murder investigation recorded for the reality television series “The Shift,” but charges later were dismissed. He sued police and the city claiming various violations of his constitutional rights. Because police had probable cause to arrest him, summary judgment in favor of the defendants was neither an abuse of discretion nor actual and substantial prejudice.