US Supreme Court clarifies power of bankruptcy judges
The Supreme Court of the United States says bankruptcy courts have authority to rule on disputes that fall outside the bankruptcy proceedings if the parties to the case consent.
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COA: No evidence employee violated professional conduct rule
The Indiana Court of Appeals on Tuesday reversed the denial of a man’s application for unemployment benefits, finding the record doesn’t support that he was fired for just cause for violating his employer’s professional conduct rules. The man kept a mentally disabled client in a hot car, citing his safety and the safety of other riders.
State proved man forced his way into apartment, COA holds
A man convicted of three crimes stemming from the robbery of an apartment could not convince the Indiana Court of Appeals that he did not force his way into the apartment because someone inside opened the door first.
Fallout from Supreme Court case on Obamacare could be ‘ugly’
A Supreme Court ruling due in a few weeks could wipe out health insurance for millions of people covered by President Barack Obama's health care law. But it's Republicans — not White House officials — who have been talking about damage control.
Indiana fish farm loses lawsuits over unpaid bills
A central Indiana fish farm that last year won approval for a $30 million expansion faces more than $200,000 in court judgments after lawsuits filed by businesses who say the company owes them money.
Gay marriage challenges cost Indiana $1.4M in attorney fees
The state of Indiana had to pay more than $1.4 million in fees to plaintiffs' attorneys in its unsuccessful attempt to maintain a ban on same-sex marriages, the attorney general's office says.
Opinions May 22, 2015 ILD
Indiana Court of Appeals
T.H. v. State of Indiana (mem. dec.)
49A02-1409-JV-633
Juvenile. Reverses the portion of the juvenile court’s order requiring T.H. to make restitution payments as a condition of probation and remands with instructions to modify the dispositional order consistent with this opinion.
Leonard Bond v. State of Indiana (mem. dec.)
49A04-1412-CR-554
Criminal. Affirms conviction and sentence for murder.
Rodney S. Perry, Sr. v. State of Indiana (mem. dec.)
45A04-1409-CR-435
Criminal. Affirms denial of motion to correct erroneous sentence.
Dedric Thompson v. State of Indiana (mem. dec.)
89A01-1408-PC-359
Post conviction. Affirms denial of petition for post-conviction relief.
Opinions May 22, 2015
Indiana Court of Appeals
Charles D. Howard v. State of Indiana
14A04-1406-CR-286
Criminal. Affirms convictions of two counts of Class A misdemeanor resisting law enforcement, Class B misdemeanor harassment, Class B misdemeanor public intoxication, and Class B misdemeanor disorderly conduct. The trial court issued a ruling on Howard’s motion to suppress/dismiss. Howard did not object to the admission of evidence at trial; (2) the state did not introduce or seek to admit into evidence any of Howard’s post-arrest statements; and (3) Howard did not file a motion for discharge under Criminal Rule 4 or object to the trial court’s setting of any of his trial dates.
No Indiana Lawyer daily Monday
Indiana Lawyer daily will not be published Monday, May 25, in observance of Memorial Day.
COA reverses felony conviction for lack of evidence
The state did not prove that a St. Joseph County man intimidated another person when the man pulled out a knife after being confronted about stealing water, the Indiana Court of Appeals held Friday. The dissenting judge believed there to be no distinction between the defendant being “caught” stealing water and “confronting” the defendant about stealing it.
Man’s appellate arguments challenging misdemeanor convictions waived
The Indiana Court of Appeals agreed with the state that a man waived his arguments on appeal because he did not raise a relevant objection at trial, he did not make a cogent argument on appeal, and because his arguments are otherwise meritless.
Jury awards $32.5M to victim of 2006 traffic accident
A jury awarded $32.5 million to a Dyer, Indiana, woman who suffered brain damage and was left partially paralyzed in a traffic accident.
Judge dismisses bulk of Christ Church suit against JPMorgan
A federal judge on Thursday dealt a major blow to Christ Church Cathedral’s lawsuit charging JPMorgan Chase & Co. caused $13 million in losses in trust accounts endowed decades ago by Eli Lilly Jr. via “intentional mismanagement” and “self-dealing.”
Indiana man faces more charges in Facebook threat case
A federal grand jury has issued a second indictment with more charges against an Indiana man accused of threatening to blow up a courthouse and kill judges in a Facebook posting.
Opinions May 21, 2015 ILD
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Relationship of: J.G. (minor child) and A.G. (mother) v. The Ind. Dept. of Child Services (mem. dec.)
79A02-1411-JT-810
Juvenile. Affirms termination of parental rights.
Michael R. Stark v. Cathy S. Stark (mem. dec.)
31A01-1410-DR-452
Domestic relation. Affirms denial of husband’s petition to modify decree of dissolution of marriage. Remands with instructions to vacate the order he pay their sons’ phone bills until they are 26 years old.
Opinions May 21, 2015
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Relationship of: J.G. (minor child) and A.G. (mother) v. The Ind. Dept. of Child Services (mem. dec.)
79A02-1411-JT-810
Juvenile. Affirms termination of parental rights.
Bankruptcy lawyer’s unruly conduct draws warning
A Terre Haute lawyer’s behavior at a bankruptcy court proceeding last week so alarmed parties involved that U.S. marshals were called, according to an order warning he could face discipline for his conduct.
Study: Local lockups can be more pricey to run than thought
It turns out running a jail can be even more expensive than previously thought. A study released Thursday examining what it actually costs to operate local lockups has found that a whole host of costs aren't always covered as line items in a corrections department's budget.
Certified question regarding Patient’s Compensation Fund dismissed
The Indiana Supreme Court has dismissed as moot a certified question sent to it from the U.S. District Court in the Northern District of Indiana regarding a claim the Patient’s Compensation Fund sought to pursue against an insurer.
FBI special agent to speak at Indiana Bar Foundation’s Fellows Dinner
The 2015 class of Fellows will be inducted during the Indiana Bar Foundation’s Fellows Dinner at 6 p.m. June 13 at the historic Allen County Courthouse.