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Badger: Supreme Court will hear death records dispute

The Indiana Supreme Court will hear oral argument May 8 in a dispute over public access to county death records. The case, Evansville Courier & Press v. Vanderburgh County Health Department, raises the issue of whether a county health department’s death certificates, including the cause of death, are public records under the Indiana Access to Public Records Act.

DTCI: Invest in yourself to build practice and reputation

We have all noticed that there are a lot of lawyers. On top of that, there are a lot of lawyers with less work than they would like. Lawyering is a business and is controlled by traditional rules of commerce: supply, demand, pricing, quality, branding. Lawyers are the product. They are the brand.

On the Move – 5/7/14

Read who’s recently joined Indiana firms, opened a new firm, or been honored for their work.

Inside the Criminal Case: SCOTUS rules anonymous 911 call reliable

The Supreme Court of the United States recently held that an anonymous call to 911 was sufficient to initiate a traffic stop in certain specific circumstances. Navarette v. California, 2014 U.S. Lexis 2930 (2014). The decision set off a minor shockwave in the media with reports that the 5-4 opinion eroded Fourth Amendment protection.

Burmese man loses workplace discrimination appeal

A man born in Burma whose employment at a Mooresville factory was terminated after co-workers complained about his behavior failed to persuade the 7th Circuit Court of Appeals to reinstate his claim of discrimination based on national origin.

Opinions May 5, 2014 ILD

Indiana Court of Appeals
Victor Mercaldo and Nancy Jenkins, individually and as Parents and Natural Guardians of Kelly P. Mercaldo, Minor Child, Deceased, et al. v. Andrew Hagenow and Alyssa R. Brown (NFP)
64A04-1311-CT-579
Civil tort. Affirms summary judgment in favor of Hagenow.

Justin Malone v. State of Indiana (NFP)
03A01-1307-CR-334
Criminal. Affirms two-year sentence for conviction of Class D felony criminal recklessness.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Same-sex plaintiffs argue the governor enforces marriage statute

Plaintiffs in Love v. Pence, the first lawsuit filed in March challenging Indiana’s ban on same-sex marriage, filed their response to the state’s motion to dismiss their complaint, arguing the governor has the power to order county clerks to issue marriage licenses.

7th Circuit denies habeas relief in 2005 Gary murder

A man convicted of murder for the 2005 shooting death of a 15-year-old on a Gary street wasn’t prejudiced by his attorney’s refusal to object to a prosecutor’s comments about the defendant’s failure to testify, the 7th Circuit Court of Appeals ruled Friday.

Conour defender asks to withdraw from 7th Circuit appeal

The public defender appointed to represent convicted fraudster and former leading personal-injury attorney William Conour has asked the 7th Circuit Court of Appeals to withdraw from the case, citing an unspecified conflict of interest.

Camm seeking damages for wrongful incarceration

David Camm, the former Indiana State Police officer who served 13 years in prison before being acquitted of murdering his wife and two young children, is striking back at those who accused him.

Indianapolis Justice Center responses due by end of June

Three groups chosen to design proposals for a Criminal Justice Center on the former General Motors stamping plant site west of downtown Indianapolis will have until the end of June to submit their comments on the project, a city official said Friday. Development proposals are due in the fall.

Opinions May 2, 2014 ILD

Indiana Court of Appeals
Marc M. Lindsey v. State of Indiana (NFP)
43A03-1309-CR-361
Criminal. Affirms one-year executed sentence for conviction of Class D felony resisting law enforcement.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday.  7th Circuit Court of Appeals issued no Indiana opinions Friday by IL deadline Friday.

 

Opinions May 2, 2014

U.S. 7th Circuit Court of Appeals
Sarah E. Frey, Kevin Enright and Protect Our Woods Inc. v. Environmental Protection Agency and Gina McCarthy, Administrator
13-2142
Civil. Affirms District Court rulings of summary judgment in favor of EPA and denial of motion for U.S. District Court Chief Judge Richard Young to disqualify himself based on prior rulings. Young correctly found plaintiffs’ motions were moot because a Bloomington PCB cleanup is ongoing, because plaintiffs are not prevailing parties or parties to the original consent decree, and as such they also are not entitled to attorney fees. Young’s decision not to disqualify himself did not deny plaintiffs due process.

Former GIPC chief faces forgery, theft counts

The former executive director of the Greater Indianapolis Progress Committee was charged Thursday with 26 counts of forgery and one count of theft for allegedly misappropriating more than $96,000 of the organization’s money.

Appeals panel reverses judgment favoring insurer

A trial court erred in granting summary judgment to an insurance company that argued a driver injured in a car crash could not collect on an underinsured motorist policy because she received payments from other sources in excess of her policy limits.