Indiana agrees to recognize another same-sex marriage involving ill spouse
The state will recognize the out-of-state marriage of a Whiting couple in which one woman is receiving hospice care for terminal cancer.
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COA affirms stripping ‘helicopter mom’ of custody of teen son
The decision to modify custody to give a father sole legal and physical custody of his 15-year-old son was not clearly erroneous, the Indiana Court of Appeals ruled. In affirming the decision, the judges noted that the mother is overbearing and has forced the teen to participate in activities he has little interest in.
Father granted custody after mother seeks relocation
Moving from Floyd County to Scott County so a woman could be closer to her work and live with her boyfriend is not in the best interests of her two young children, the Court of Appeals ruled Friday. The judges affirmed the grant of father’s request to modify custody and child support.
Just days remain to register for Employment Law CLE
Indiana Lawyer is sponsoring a CLE program focusing on “Cutting Edge Issues in Employment Law” Sept. 30 in Indianapolis. The cost is $109, and attendance provides three hours of CLE credit.
Three panel presentations focusing on various areas of employment law will be featured. Speakers on the Collective Bargaining and the College Athlete panel include Dan Emerson of the Indianapolis Colts, William Groth of Fillenwarth Dennerline Groth & Towe, Peter Kirsanow of Benesch, Rik Lineback of the NLRB, Geoff Silver of Jackson Lewis, and Milton Thompson of Bleeke Dillon Crandall.
Speakers for Same-Sex Marriage/LGBT Issues include Jim Bopp Jr. of Bopp Law Firm, attorney and political commentator Abdul-Hakim Shabazz, and William Groth of Fillenwarth Dennerline Groth & Towe. The Affordable Care Act panelists include Ann Carr Mackey of Ogletree Deakins and Michael Paton of Barnes & Thornburg.
The chair and moderator is Mark Waterfill of Benesch.
The program is from 1 to 4:15 p.m. at the Main Auditorium in the OneAmerica Tower in Indianapolis. Visit Indiana Lawyer 's events page www.theindianalawyer.com/events to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at 317-472-5201 or [email protected].
Ex-manager at Terre Haute airport faces charges
Indiana State Police have arrested the former office and financial manager of Terre Haute International Airport on preliminary charges of theft, forgery and fraud.
Former county auditor accused of embezzling
A federal grand jury has indicted a former northern Indiana official on charges alleging she embezzled more than $150,000.
Omitted information in notice does not bar entry of summary judgment
Failure in a notice of dissolution to describe information that must be included in a claim filed against the company does not make the notice invalid, the Indiana Court of Appeals ruled Thursday. Since the notice was valid, a convenience store owner’s lawsuit is time-barred.
Opinions Sept. 11, 2014 ILD
Indiana Court of Appeals
Alberto Villalva v. State of Indiana (NFP)
49A02-1401-CR-26
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.
Michael T. Paille v. State of Indiana (NFP)
18A05-1404-CR-152
Criminal. Reverses charges of Class D felony failure to register as a sex offender and Class A misdemeanor failure of a sex offender to possess identification. Remands with instructions to vacate the criminal charges against Paille and grant his motion for removal from the sex offender registry.
Thomas Booker v. State of Indiana (NFP)
49A02-1402-CR-107
Criminal. Affirms conviction of Class B felony criminal deviate conduct.
Daniel E. Stuckman, Sr., and Daniel E. Stuckman, Jr. v. Angela C. Stuckman, as Personal Representative of the Estate of Gary A. Stuckman, deceased, and Angela C. Stuckman, et al. (NFP)
43A03-1403-PL-93
Civil plenary. Affirms summary judgment in favor of Angela C. Stuckman, the Kosciusko County Board of Zoning Appeals and the Papakeechie Protective Association with respect to Daniel Stuckman Sr.’s and Daniel Stuckman Jr.’s complaint for injunction relief to compel compliance with certain restrictive covenants.
Nancy Hay v. Richard Hay (NFP)
11A01-1401-DR-22
Domestic relation. Reverses order holding Nancy Hay in contempt for failing to pay her ex-husband in accordance with the terms of the marital estate distribution order. Remands with instructions. In a separate opinion, Judge Crone concurs in part, concurs in result in part, and dissents in part.
In the Matter of the Termination of the Parent-Child Relationship of: T.E. (Minor Child) and T.E. (Father) v. The Indiana Department of Child Services (NFP)
10A01-1401-JT-41
Juvenile. Affirms termination of parental rights.
Opinions Sept. 11, 2014
7th Circuit Court of Appeals
Securities and Exchange Commission v. First Choice Management Services Inc., et al; CRM Energy Partners and John W. Hannah v. Joseph D. Bradley, Receiver
14-1270, 14-2284
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms denial of CRM’s motion to intervene in the sale of an oil and gas lease in order to compensate victims of fraud. Dismisses its appeal of the District Court’s approval of the sale. CRM waited too long to intervene in the action.
Southern District’s US attorney unsure of time in post
The new top federal prosecutor for central and southern Indiana has no idea how long he'll be in the job.
Energy company waited too long to intervene in sale of oil and gas lease
The 7th Circuit Court of Appeals ruled against an appeal in a protracted case involving the sale of oil and gas leases in efforts to recoup money for victims defrauded by First Choice Management Services. The judges held the company seeking to intervene failed to do so in a timely manner.
Judges affirm convictions in fatal home invasion
The state presented sufficient evidence to support a man’s conviction of robbery, which was based on a theory of accomplice liability, the Court of Appeals ruled. The charge stems from a home invasion in St. Joseph County during a family gathering.
Court declines to review drug sentence based on new criminal code
A man who pleaded guilty earlier this year to dealing in oxycodone couldn’t convince the Indiana Court of Appeals that his sentence should be reconsidered based on the revised criminal code that took effect July 1.
Goshen attorney appointed as city court judge
Gov. Mike Pence has named Bodie J. Stegelmann as judge in Goshen City Court. Stegelmann currently is a partner at Yoder Ainlay Ulmer & Buckingham LLP, where he practices real estate law.
Indiana gives initial OK to off-site manure ponds
A state panel gave preliminary approval Wednesday to Indiana's first rules governing big stand-alone ponds and lagoons built to hold manure trucked in from livestock farms.
State asks 7th Circuit to stay same-sex marriage ruling
The Indiana attorney general’s office Wednesday asked the 7th Circuit Court of Appeals to stay its Sept. 4 order striking down Indiana’s ban on same-sex marriage.
US Supreme Court adds gay marriage to Sept. 29 agenda
The U.S. Supreme Court has formally added gay marriage cases to the justices' agenda for their closed-door conference on Sept. 29.
Opinions Sept. 10, 2014 ILD
Indiana Court of Appeals
Jay Sleet v. State of Indiana (NFP)
49A02-1311-CR-997
Criminal. Affirms conviction of Class C felony battery and the refusal by the court to award credit time for time served on pretrial home detention.
Melissa S. Johnson Mabie v. State of Indiana (NFP)
43A03-1404-CR-112
Criminal. Affirms revocation of probation.
Kokomo Board of Zoning Appeals v. Markland Properties, LLC, Thrust Inc. d/b/a Tease Bar, Brett Morrow and Dustin Ogle (NFP)
34A02-1312-MI-1081
Miscellaneous. Affirms order reversing the board of zoning appeals’ decision that Tease Bar increased the floor area of the business beyond the 10 percent expansion allowed under Kokomo’s zoning ordinance, and, therefore, Tease Bar could no longer operate its sexually oriented adult entertainment business as a legal-nonconforming use.
Roy Austin Smith v. State of Indiana (NFP)
49A02-1312-CR-1091
Criminal. Affirms denial of motion to correct erroneous sentence.
James McDuffy v. State of Indiana (NFP)
49A02-1401-CR-13
Criminal. Vacates McDuff’s conspiracy to commit kidnapping conviction, a Class A felony, on double jeopardy grounds and remands with instructions to vacate the sentence thereon. Affirms convictions of murder and Class A felonies kidnapping, attempted murder and robbery.
Donald Moss v. Progressive Design Apparel, Inc. (NFP)
49A05-1401-PL-3
Civil plenary. Affirms grant of preliminary injunction in favor of Progressive Design Apparel and remands for a determination of a proper bond because the order PDA pay a $100 bond is insufficient based on the damages estimated in the case.
Mary Ragon as Personal Representative of the Estate of Larry Ragon v. Eli Lilly & Company (NFP)
93A02-1402-EX-80
Agency action. Affirms ruling that Larry Ragon failed to meet his burden of proving by a preponderance of the evidence that he suffered from asbestosis.
Opinions Sept. 10, 2014
Indiana Supreme Court
Barbara J. Pohl v. Michael G. Pohl
32S04-1404-DR-245
Domestic relation. Reverses trial court and remands with instructions to apply the incapacity maintenance statute’s “substantial and continuing change in circumstances” standard to the evidence presented at the modification hearing. Any maintenance provision in a settlement agreement, regardless of its grounds, is modifiable only if the agreement so provides. The agreement in this matter contains such a provision.
Part of payday loan settlement funding new legal aid consumer project
Indiana Legal Services and Heartland Pro Bono Council will be using a portion of a class-action settlement to help Indianapolis residents who have battled payday loan companies or suffered other consumer rights abuses.