Same-sex marriage rulings stand
The Supreme Court of the United States has let stand rulings from the 7th Circuit and other federal courts that will end laws against same-sex marriage in Indiana and other states.
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Archbishop celebrates Red Mass with Indianapolis bench and bar
Describing the justice that comes from law as “rough or limited,” Indianapolis Archbishop Joseph Tobin urged lawyers, judges and law students to stay connected with God “who is perfect justice, mercy and love.”
Opinions Oct. 3, 2014
Indiana Court of Appeals
Eve Carson v. Stacy Palombo
49A02-1312-PL-1052
Civil plenary. Affirms trial court grant of summary judgment in favor of Palombo on Carson’s claims of defamation per se, defamation per quod and invasion of privacy by false light based upon Palombo’s comments regarding a YouTube video Carson posted criticizing the investigation of her sister-in-law’s decades-old murder. The trial court did not abuse its discretion in denying Carson’s motion to amend her complaint to include facts she knew but omitted at the time her original complaint was filed to defeat a grant of summary judgment in Palombo’s favor. There is no genuine issue of material fact that Carson’s claimed damages were incurred as a consequence of alleged defamatory statements, and in the light of other videos Carson posted on YouTube, she was cast in essentially the same light as Palombo’s comment.
Metal detector still out at Indianapolis City-County Building
Marion County judges said Friday they were unaware that a metal detector has been broken and out of commission for weeks at a public entrance of the Indianapolis City-County Building.
Judge: Yorktown’s door-to-door soliciting restriction unconstitutional
Yorktown’s ordinance forbidding door-to-door canvassing before or after daylight hours is unconstitutional, a federal judge ruled.
Appeals court affirms rejection of YouTube defamation claims
The sister-in-law of a Boston woman who disappeared in 1981 and whose body was found buried in Massachusetts nine years later lost a defamation appeal Friday stemming from comments to a YouTube video she posted about the case.
Indiana teenager faces charges in hacking ring
A central Indiana teenager is one of several gaming enthusiasts accused of hacking into a U.S. Army computer network while targeting Microsoft and several video game developers.
Man gets life for killing ex-girlfriend’s father
A southwestern Indiana man has been sentenced to life in prison without parole for the shooting death of his ex-girlfriend's father.
Opinions Oct. 2, 2014 ILD
Indiana Court of Appeals
In re the Involuntary Termination of the Parent-Child Relationship of: R.L. (Minor Child) and T.L. (Father) v. The Indiana Department of Child Services (NFP)
49A05-1402-JT-81
Juvenile. Affirms involuntary termination of parental rights.
Denny Gene Inman and Lois Inman v. Charles L. Turner and Jennifer C. Turner (NFP)
47A04-1402-PL-80
Civil plenary. Affirms finding that Denny Inman failed to establish all of the elements of his claim of adverse possession by clear and convincing evidence.
Donald Worth v. State of Indiana (NFP)
49A02-1312-CR-1065
Criminal. Affirms convictions of Class A felony rape, Class B felony battery and Class D felony criminal confinement.
Nanette Zawadzki v. State of Indiana (NFP)
29A04-1402-CR-91
Criminal. Affirms conviction of Class D felony theft.
David Oxley v. State of Indiana (NFP)
38A04-1310-CR-495
Criminal. Affirms denial of motion to dismiss.
Opinions Oct. 2, 2014
Indiana Court of Appeals
Robert Campbell v. State of Indiana
89A04-1312-CR-634
Criminal. Affirms on interlocutory appeal the order granting the state’s motion to withdraw from guilty plea. By refusing to testify at his co-defendant’s trial, Campbell failed to tender the consideration specifically contemplated in the plea agreement. Thus, it would deprive the state of its end of the bargain to sentence Campbell in accordance with a contract that he did not fully satisfy.
US Supreme Court takes up housing bias case
For the third time in recent years, the U.S. Supreme Court will consider taking away a powerful legal tactic the Obama administration and others have used to combat housing discrimination.
Appeals court affirms disbarred attorney’s convictions
The South Bend attorney who was disbarred in 2010 and convicted of forgery in 2013 lost his appeal before the Indiana Court of Appeals Thursday.
Plainfield facility to house low-risk, first-time offenders
Gov. Mike Pence announced Thursday the conversion of a Plainfield short-term offender program into an individualized program for first-time, lower-risk offenders sentenced to prison.
Defendant’s breach of plea agreement allows state to back out
The Indiana Court of Appeals addressed an issue of first impression Thursday: whether the state can withdraw from a plea agreement after the trial court has accepted it. The state was allowed to withdraw its agreement with a defendant after the man refused to testify at his co-conspirator’s trial, which was part of the deal.
Judge concerned remonstrators may not have enough time to ask for a stay
The Indiana Court of Appeals affirmed the annexation by the city of Martinsville of approximately 3,000 acres, finding the remonstrators’ appeal is moot because they did not ask for a stay of the annexation approval. But one judge had concerns that municipality clerks may be able to make an annexation final before remonstrators have enough time to consider requesting a stay.
Judge convicts northern Indiana man in 2 killings
A northern Indiana man paroled in 2010 after serving time for killing a family friend has been convicted in the fatal shootings of his brother and sister-in-law.
Federal prosecutors charge 22 in alleged drug ring
Federal authorities said Wednesday they disrupted a major drug trafficking network stretching from Mexico to six U.S. states, and investigators partially credited a Chicago-based task force that focuses on the nexus between Mexican cartels and street gangs.
Indiana AG proposes home contractor registry
Indiana residents looking to hire contractors for home repair or remodeling projects would be able to search a state registry that's among a package of legislative proposals Attorney General Greg Zoeller said Tuesday he's supporting in an effort to boost consumer protections.
U.S. judge blocks Obamacare tax rule for non-exchange states
An Oklahoma federal judge dealt a blow to President Barack Obama’s health care law, invalidating IRS rules aimed at making policies affordable for consumers around the country.
Judge tosses suit over IU student’s disappearance
A federal judge has thrown out the lawsuit filed by the parents of an Indiana University student last seen more than three years ago against two men who were with her the night she vanished.