SCOTUS upholds Michigan affirmative-action ban
The Supreme Court of the United States by a vote of 6-2 Tuesday upheld Michigan’s constitutional amendment banning the use of affirmative action by its public universities.
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Motions in marriage lawsuits attack non-recognition of same-sex unions
Claiming they have a fundamental right to marry, same-sex couples married outside of Indiana have filed separate motions asking the court to grant summary judgment in favor of their challenges to Indiana’s marriage law.
Assertion of state’s rights may not support same-sex marriage ban
Indiana is contenting that states have the authority to define marriage, but the federal court and the ACLU of Indiana have given little merit to the state’s arguments for maintaining a ban on same-sex marriage.
Defender’s trial strategy trumps inmate’s pro se early-trial request
A prison inmate who asked for a public defender then said at an initial hearing he wanted to “file for fast and speedy trial too” lost his appeal that argued the court erred by not ruling on his request and his trial counsel was ineffective.
Hogsett: Machine gun case most ‘egregious,’ ‘dangerous’ he’s seen
Joe Hogsett on Tuesday announced the maximum penalty was warranted in a felony firearm case he called the most “egregious and dangerous” he’s seen during his time as U.S. attorney for the Southern District of Indiana.
Government drops Conour sentence appeal
The U.S. attorney’s office will no longer seek a longer prison sentence for convicted legal fraudster William Conour, according to documents filed recently in the 7th Circuit Court of Appeals. Conour’s appeal will move forward.
Opinions April 22, 2014 ILD
Indiana Court of Appeals
State of Indiana, Indiana Bureau of Motor Vehicles, and Kent Schroder as Commissioner of Motor Vehicles v. Matthew E. Patty (NFP)
09A02-1311-MI-885
Miscellaneous. Reverses order granting Patty’s petition for issuance of a probationary driver’s license. Finds the Indiana Bureau of Motor Vehicles did notify Patty of his habitual traffic violator status and suspension. Also concludes Patty is ineligible for a probationary license because his license was already suspended for a previous judgment when he was arrested for operating while intoxicated in Hendricks County.
Desmond E. Lewis v. State of Indiana (NFP)
92A05-1306-CR-284
Criminal. Affirms conviction of operating a vehicle while intoxicated in a manner that endangers a person, a Class A misdemeanor.
Corey Bates v. State of Indiana (NFP)
49A04-1309-CR-435
Criminal. Affirms conviction for Class C felony forgery.
Conway Jefferson v. State of Indiana (NFP)
49A02-1309-PC-748
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Supreme Court and the Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions April 22, 2014
Indiana Court of Appeals
Shelly Bailey v. Lance Bailey
25A04-1309-DR-452
Domestic relation. Reverses trial court’s modification of physical custody of the two children. Finds the Parallel Parenting Time Order did not enable the court to modify the children’s custody to joint custody especially since neither parent petitioned for a change in custody. Judge John Baker dissented, writing that, as instructed by the Parallel Parenting Time Order, the trial court was trying to act in the best interest of the children and to prevent any further destructive behavior by the parents.
Grandparents lose adoption appeal in first-impression case
Grandparents who filed late motions challenging a stepfather’s adoption of a 6-year-old are not entitled to relief based on their argument they didn’t receive legal notice, the Indiana Court of Appeals ruled Tuesday in a family law case raising two issues of first impression.
Parallel parenting provision divides COA
In reversing a trial court’s modification of the custody agreement even though neither parent requested a change in custody, the Indiana Court of Appeals split over how much discretion a Parallel Parenting Time Order grants a court.
IndyBar: A Proposal to Allow Citations of All Indiana Appellate Opinions
The Rules Committee of the Indiana Supreme Court has proposed changing the rules to allow citation of memorandum (non-for-publication) decisions as persuasive precedent.
IndyBar: More than 700 Helped at Ask a Lawyer
Tuesday, April 8 was a record-breaking day as 705 Hoosiers were provided with free legal advice through the IndyBar’s Ask a Lawyer event.
Abrams: A New Justice Center ? ! ? !
he offices of the Indianapolis Bar Association first learned of the city’s interest in pursuing a Justice Center several months ago when they expressed interest in learning more about our task force work over the last 10 years.
IndyBar: Matthew Maples Selected as IndyBar Law Student of the Year
The importance of pro bono service is a theme that is routinely emphasized to practicing attorneys. For one law student, no encouragement will be necessary. The Indianapolis Bar Association’s 2014 Law Student of the Year, Matthew Maples of the Robert H. McKinney School of Law, has completed close to 2,000 hours of pro bono service during his law school career.
IndyBar: IBF Scholarship Recipients: Where Are They Now?
While many are aware of the good the Indianapolis Bar Foundation does for the Indianapolis legal community, some might not be aware that the IBF has been responsible for awarding more than 75 scholarships to law students since 1983. These scholarships help alleviate the high cost of law school and provide students more affordable access to post-graduate education.
DTCI: Mediation for defense lawyers
Patrick Reilly writes to help defense lawyers develop strategies to achieving the best possible results in selecting, conducting and winning mediations.
Hammerle On … ‘Nymphomaniac: Vol. 1,’ ‘Nymphomaniac: Vol. 2’
Bob Hammerle writes that despite these films being dominated by sex, they are not erotic in any fashion.