Judge finds Apple conspired to raise e-book prices
A judge in the U.S. District Court for the Southern District of New York ruled Wednesday that Apple Inc. colluded with major U.S. publishers to artificially raise the retail prices of e-books.
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7th Circuit affirms drug convictions, sentence
The 7th Circuit Court of Appeals has upheld an Indiana man’s convictions and 360-month sentence for drug-related offenses, rejecting his claims that his right to a speedy trial was violated and the starting time of his offenses was incorrectly determined by the District Court.
Man accused of violating city ordinances entitled to jury trial
Because the underlying substantive claims brought against an Indianapolis man regarding his treatment of his dog are quasi-criminal, he is entitled to a jury trial under the Indiana Constitution, the Indiana Court of Appeals has ruled.
COA: Surrogate can not petition to disestablish maternity
A married woman who acted as a surrogate for another couple cannot petition to disestablish her maternity because it would cause the child to be “declared a child without a mother,” the Indiana Court of Appeals determined on interlocutory appeal.
Associate survey places Taft, Ice Miller, FBD in top Midwest 15 firms
Vault.com’s annual ranking of law firms has landed three firms with Indiana ties in the top 15 in the Midwest, according to associates who work in this region.
COA affirms $1,380 restitution order for missing CDs, coins
The Indiana Court of Appeals held Thursday that a trial court did not err in letting the state present evidence of a victim’s loss for the first time at a restitution hearing. It affirmed an order that Kenneth Smith pay $1,380 to William Kirkham for missing CDs and coins.
Server’s electronic tip alteration is forgery, COA rules
A Logan’s Roadhouse server who used a computer to alter the amount of tip a customer left for her on a credit card can be convicted of forgery, the Indiana Court of Appeals affirmed Thursday.
Attorney says Washington nonprofit’s complaints are part of ‘smear’ campaign
Terre Haute conservative attorney James Bopp Jr. says that an IRS whistleblower suit and other complaints alleging Bopp has diverted funds from the nonprofit James Madison Center for Free Speech to his law firm are part of a “smear machine” by Citizens for Responsibility and Ethics in Washington.
Opinions July 10, 2013 ILD
Indiana Court of Appeals
Wesley Young v. State of Indiana (NFP)
49A02-1209-PC-753
Post conviction. Affirms denial of petition for post-conviction relief.
In Re the Marriage of Gregory Young v. Nicole Young (NFP)
20A03-1212-DR-538
Domestic relation. Affirms denial of father’s request to modify custody and the court’s award of maintenance to the mother.
Jacob Fuller v. State of Indiana (NFP)
48A02-1210-CR-848
Criminal. Affirms convictions and sentence for two counts of murder and one count of Class A felony robbery.
Adam Voegel v. State of Indiana (NFP)
49A05-1210-CR-502
Criminal. Affirms convictions and sentence for two counts each of Class A felony child molesting, Class C felony child molesting and Class D felony child solicitation; one count of Class D felony dissemination of matter harmful to minors; and two counts of Class A misdemeanor obscene performance.
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.
Opinions July 10, 2013
Indiana Court of Appeals
Wesley Young v. State of Indiana (NFP)
49A02-1209-PC-753
Post conviction. Affirms denial of petition for post-conviction relief.
Gay student settles with school system over claims of harassment
A gay Indianapolis high school student who was expelled last year for using a device that emits an electric charge to defend himself from bullies has settled his lawsuit against Indianapolis Public Schools for failing to protect him.
Faegre Baker Daniels seeks applicants for diversity fellowship program
Faegre Baker Daniels LLP is now accepting applications for its 2014 Diversity & Inclusion Fellowship program. The fellowships provide experience and mentorship to second-year law students in one of firm’s seven offices.
Lawyer accused of staging shooting avoids trial
A southern Indiana attorney accused of staging his shooting a little more than a year ago will avoid a trial that had been scheduled to begin Wednesday. The attorney will enter a guilty plea next month, but attorneys involved with the case said they won’t disclose details.
Opinions July 9, 2013 ILD
Indiana Court of Appeals
Term. of the Parent-Child Rel. of: R.J. and T.W. (minor children), C.J. (Mother) and K.J. (Father) v. The Indiana Dept. of Child Services (NFP)
15A01-1207-JT-427
Juvenile. Affirms involuntary termination of parental rights.
Larry A. Rowe, Jr. v. State of Indiana (NFP)
35A02-1212-CR-1016
Criminal. Affirms 12-year sentence for Class B felony burglary.
Brandon T. Wright v. State of Indiana (NFP)
02A04-1211-CR-609
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Steven Gates v. State of Indiana (NFP)
49A02-1208-CR-685
Criminal. Affirms denial of request for credit time for the completion of various programs while Gates was in the Marion County jail awaiting trial.
Raymond E. Schakel v. State of Indiana (NFP)
24A01-1301-CR-42
Criminal. Reverses conviction for Class A felony child molesting following guilty plea. Remands for further proceedings.
Phong Tien v. State of Indiana (NFP)
49A02-1301-CR-23
Criminal. Affirms sentence for Class D felony theft.
Turf Pro Plus, Inc. v. Indianapolis Department of Public Works, The City-County Council, and The Hon. Greg Ballard (NFP)
49A02-1301-CC-66
Civil collection. Dismisses Turf Pro’s appeal of the grant of the city’s motion to dismiss the company’s complaint regarding contracts to mow grass in city parks.
William Zollinger v. State of Indiana (NFP)
20A03-1211-PC-450
Post conviction. Affirms denial of petition for post-conviction relief.
In the Matter of the Termination of Parent-Child Relationship of R.E. and D.E. v. Indiana Department of Child Services (NFP)
20A05-1209-JT-469
Juvenile. Affirms involuntary termination of father’s parental rights.
Eugene Hill v. State of Indiana (NFP)
49A02-1210-CR-797
Criminal. Affirms revocation of probation and order Hill serve a 180-day sentence in the Marion County jail.
John S. Dillman, Jr. v. Michelle Dillman (NFP)
45A03-1209-DR-388
Domestic relation. Affirms order denying father’s petition to modify custody.
Matthew A. Baugh v. State of Indiana (NFP)
18A05-1210-PC-545
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions July 9, 2013
7th Circuit Court of Appeals
Roger L. Peele v. Clifford Burch, individually and as Portage Police Department Chief, et al.
12-3562
U.S. District Court, Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry.
Civil. Reverses summary judgment in favor of the city of Portgage and Portage Police Department chief and assistant chief on Peele’s lawsuit that he was transferred out of the detective bureau for talking to a local reporter about the loss of the election by the candidate he supported for mayor. A deposition by a police officer who held the station duty officer position before Peele and the suspicious timing of Peele’s transfer are enough to avoid summary judgment. Remands for further proceedings.
Man loses challenge to Internet access restrictions
A convicted sex offender’s probation condition restricting his access to certain websites and programs that are frequented by children does not violate the man’s First Amendment rights, the Indiana Court of Appeals ruled Tuesday.
7th Circuit reverses sanctions against Plews Shadley, other firms in False Claims Act case
After finding that a federal court in Indianapolis erred in dismissing a former ITT Educational Services Inc. employee’s False Claims Act lawsuit, the 7th Circuit Court of Appeals reversed the nearly $350,000 in sanctions imposed against three law firms representing the woman.
Police officer’s suit alleging retaliation for political comment survives
The 7th Circuit Court of Appeals has reversed summary judgment in favor of two Portage police officers and the city on a detective’s claim that he was transferred in retaliation for comments he made to a local newspaper following the mayoral primary election in 2007.
Department of Correction to request funding for upgrades at 3 facilities
Proposed upgrades to three of the state’s correctional facilities will be among the items considered during Wednesday’s meeting of the Indiana State Budget Committee.
Judge sets Conour guilty plea hearing
Former leading personal-injury attorney William Conour is scheduled to appear in court to plead guilty to a federal wire fraud charge next week.