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7th Circuit grills state over Indy judge election system

As Indiana endured the harsh national glare from the Religious Freedom Restoration Act controversy this week, Indianapolis’ pay-to-play, power-sharing system for electing Marion Superior Court judges was on trial in Chicago.

Indiana unveils changes to religious freedom bill

Indiana lawmakers announced proposed changes Thursday to the state's new religious objections law aimed at quelling widespread criticism from businesses and other groups that have called the proposal anti-gay.

Opinions April 1, 2015

United States of America v. Christian J. Miller, Frank Jordan, and Joshua N. Bowser
14-1237, 14-1585, and 14-1592
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms judgments against defendants for various criminal charges, including wire fraud, racketeering, and conspiracy to distribute cocaine. Bowser’s case is remanded for further consideration of the term of his supervised release authorizing suspicionless searches.

IU McKinney lecture cancelled over RFRA

The annual Birch Bayh Lecture scheduled for Thursday at Indiana University Robert H. McKinney School of Law has been cancelled after the speaker declined to come to the Indiana law school because of the recently passed Religious Freedom Restoration Act.

5 arrested in protest inside US Supreme Court

Protesters disrupted Supreme Court of the United States proceedings Wednesday for the second time this year with shouted criticism of the court's previous rulings on campaign finance.

Opinions March 31, 2015 ILD

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Indiana Court of Appeals
John Mark Nipp v. Amy Elizabeth Nipp (mem. dec.)
33A01-1410-DR-457
Domestic relation. Reverses grant of mother’s motion to clarify a 2014 order and the reduction of father’s parenting time with M.N.

Rodney L. Blakely v. State of Indiana (mem. dec.)
49A02-1406-CR-391
Criminal. Affirms convictions of two counts of Class C felony criminal confinement in one case and Class D felony strangulation in another case.

Amanda R. Lee v. State of Indiana (mem. dec.)
02A05-1409-CR-423
Criminal. Affirms 12-year sentence imposed following guilty plea to Class B felony dealing in methamphetamine, Class D felonies maintaining a common nuisance and dumping controlled substance waste, and Class A misdemeanor possession of paraphernalia.

John Randall Portis v. State of Indiana (mem. dec.)
45A03-1408-CR-285
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Shamus L. Patton v. State of Indiana (mem. dec.)
49A04-1406-CR-277
Criminal. Affirms convictions for six counts of Class C felony forgery.

Monica McCall v. State of Indiana (mem. dec.)
49A04-1408-CR-366
Criminal. Affirms conviction of Class D felony domestic battery.

SVT, LLC d/b/a Ultra Foods v. Benny Becchino (mem. dec.)
45A03-1407-CT-238
Civil tort. Affirms trial court’s decision to give jury instructions on spoliation and the apportionment of damages.

Gregory A. Caudle v. State of Indiana (mem. dec.)
49A02-1412-CR-847
Criminal. Dismisses pro se appeal of the denial of Caudle’s verified motion for discharge and request for production of certified documents.

Jeremy Ryan v. State of Indiana (mem. dec.)
20A03-1408-PC-293
Post conviction. Affirms denial of petition for post-conviction relief.

Brandon Scroggin v. State of Indiana (mem. dec.)
64A03-1410-CR-352
Criminal.  Affirms convictions, including Class C felony receiving stolen auto parts and Class A misdemeanor criminal mischief, but reverses imposition of a six-year portion of Scroggin’s aggregate 19½-year sentence that related to the convictions of Class D felonies arson and intimidation since they were part of a single episode of criminal conduct. Remands for the trial court to impose a sentence that is consistent with the opinion.

Bradley Hunt v. State of Indiana (mem. dec.)
09A02-1409-CR-686
Criminal. Affirms juvenile court’s waiver of juvenile jurisdiction.

Rodney S. Perry, Sr. v. State of Indiana (mem. dec.)
45A03-1412-CR-448
Criminal. Affirms order refusing to allow Perry to file a motion to correct erroneous sentence.

In Re the Adoption of H.J.S., J.H.S. and P.L.S. v. B.M.C. and A.J.S. (mem. dec.)
76A04-1410-AD-502
Adoption. Reverses dismissal of paternal grandparents’ petition to adopt grandchild. Remands for further proceedings.

Henry Gooch v. State of Indiana (mem. dec.)
49A02-1408-CR-571
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Sylvester Dunn v. State of Indiana (mem. dec.)
49A05-1407-CR-327
Criminal. Affirms conviction of Class B misdemeanor battery.

Michael J. Weis v. State of Indiana (mem. dec.)
26A04-1409-CR-444
Criminal. Affirms denial of petition for post-conviction relief.

Beverly R. Newman, Ed.D. v. Meijer, Inc. (mem. dec.)
49A05-1409-PL-469
Civil plenary. Reverses denial of Newman’s motion to set aside the dismissal of her complaint. Remands for further proceedings.

Loyd Allen Sands v. State of Indiana (mem. dec.)
35A04-1408-CR-364
Criminal. Affirms convictions and sentence for five counts of Class A felony child molesting, one count of Class C felony child molesting and one count of Class B felony sexual misconduct with a minor.

 

SCOTUS sides with Idaho in Medicaid pay dispute

Private health care providers cannot sue to force states to raise their Medicaid reimbursement rates to keep up with rising medical costs, the Supreme Court of the United States ruled Tuesday.

Court finds railroad’s arguments over dam don’t hold water

Because a railroad company failed to prove there are no genuine issues of material fact regarding its defense to a breach of covenant claim against it concerning the maintenance of a dam, the Indiana Court of Appeals reversed summary judgment in its favor and remanded for further proceedings.