Judge’s order adds Griffith, Hammond back into state tourney
Two high school basketball teams kicked out of Indiana's state basketball tournament after a bench-clearing brawl have been allowed back in that tournament by a Lake County judge.
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US Supreme Court allows challenge to Colorado Internet tax
A unanimous Supreme Court ruled Tuesday that federal courts can hear a dispute over Colorado's Internet tax law, a decision that could lay the groundwork for future changes in how states can tax retail sales to companies outside their borders.
Debate on common wage repeal lingers during contractor event
A Republican-backed proposal to repeal the state law that sets wages for public construction projects requires further study instead of a quick vote, opponents of the measure said Monday.
CASA Day at Statehouse set for Monday
Hundreds of Indiana court-appointed special advocates will gather Monday for CASA Day at the Statehouse in Indianapolis. The event will be at noon in the north atrium.
Opinions March 2, 2015 ILD
Indiana Court of Appeals
Stephen Wilbert v. State of Indiana (mem. dec.)
49A02-1408-CR-533
Criminal. Affirms convictions of Class C felony forgery and Class D felony theft.
In re the Marriage of: Dedra L. Fisher v. Terry L. Fisher (mem. dec.)
02A03-1407-DR-258
Domestic relation. Affirms the trial court determination on the issues of contempt, a property settlement agreement, and overpayment crediting. Reverses decision to not award attorney fees to wife. Remands for further proceedings.
Opinions March 2, 2015 ILD
Indiana Court of Appeals
Stephen Wilbert v. State of Indiana (mem. dec.)
49A02-1408-CR-533
Criminal. Affirms convictions of Class C felony forgery and Class D felony theft.
In re the Marriage of: Dedra L. Fisher v. Terry L. Fisher (mem. dec.)
02A03-1407-DR-258
Domestic relation. Affirms the trial court determination on the issues of contempt, a property settlement agreement, and overpayment crediting. Reverses decision to not award attorney fees to wife. Remands for further proceedings.
Opinions March 2, 2015
7th Circuit Court of Appeals
Mir S. Iqbal v. Tejaskumar M. Patel, et al.
14-1959
U.S. District Court, Northern District of Indiana, Hammond Division. Judge James T. Moody.
Civil. Reverses dismissal of Iqbal’s complaint for want of jurisdiction because it is barred by the Rooker-Feldman doctrine since it challenges state court judgment. Because he seeks damages for activity that (he alleges) predates the state litigation and cause injury independently of it, the Rooker-Feldman doctrine does not block his suit.
7th Circuit reinstates alleged racketeering lawsuit
The 7th Circuit Court of Appeals reversed the decision of a federal judge to dismiss a man’s lawsuit because it is barred by the Rooker-Feldman doctrine. A man who had his gas station foreclosed upon claimed the defendants acted in cahoots to defraud him out of his business.
COA affirms attorney fees in frivolous suit challenging Logansport P3 deal
A woman’s lawsuit that claimed the city of Logansport had to pass an ordinance formally adopting the Public-Private Agreements Act before entering into a P3 deal was frivolous and in bad faith, thus justifying the award of attorney fees to the city, the Court of Appeals affirmed.
Zoeller asks justices to uphold ‘Spice’ law COA struck down
Indiana’s ‘Spice’ law that a pair of divided Court of Appeals panels ruled unconstitutional last month should be reinstated, Attorney General Greg Zoeller argues in briefs asking the Indiana Supreme Court to review the decisions.
Chronic litigator’s suit seeking $3 trillion tossed with warning
A federal judge has had about enough from a litigant who has brought so many frivolous lawsuits that he may be barred from filing future complaints.
Woman may pursue negligence claim against pharmacist
The Indiana Court of Appeals sidestepped the question of whether a previous decision is valid when determining that a woman who brought a medical malpractice claim against a hospital can pursue a negligence claim against the hospital’s pharmacist. The plaintiff did not present that negligence claim before the medical review panel.
Applications open to replace Friedlander on Court of Appeals
Qualified applicants interested in being considered for a pending vacancy on the Indiana Court of Appeals may apply online through April 27.
Justices reverse grant of motion to suppress based on pat-down search
In a 4-1 decision Monday, the Indiana Supreme Court ruled it is not inherently coercive for police to give conditional permission to step out of a vehicle during a traffic stop, subject to the motorist’s consent to a pat-down search.
Nurse who survived Ebola sues Dallas hospital system
A 26-year-old nurse who contracted Ebola while caring for the first person in the U.S. diagnosed with the deadly disease has filed a lawsuit against the parent company of the Dallas hospital where she worked.
Military judge orders overseer of Gitmo cases replaced
A military judge is ordering the Pentagon to replace the overseer of war crimes tribunals at Guantanamo Bay, Cuba.
Bill would put bigger burden on cities seeking annexations
The Indiana Legislature is considering changing the state's annexation laws by putting a greater burden on cities to do outreach in areas where they want to grow.
Opinions Feb. 27, 2015 ILD
Indiana Court of Appeals
Myron D. Killebrew v. State of Indiana (mem. dec.)
34A05-1407-CR-318
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy and admission of certain photographs into evidence.
In Re: The Adoption of B.J.P., Minor Child, B.W. and J.P. v. N.C. and K.C. (mem. dec.)
64A03-1409-AD-329
Adoption. Affirms denial of mother’s motion to withdraw her consent to the adoption of her child.
Carl Louis Moore, Jr. v. State of Indiana (mem. dec.)
16A01-1408-CR-353
Criminal. Affirms aggregate 12-year sentence for Class C felonies robbery and attempted robbery.
Colleen Chaplin v. State of Indiana (mem. dec.)
64A03-1408-CR-276
Criminal. Reverses restitution order following conviction of Class D felony theft and remands for further proceedings.
Kenneth L. Kemp, Jr. v. State of Indiana (mem. dec.)
48A02-1404-CR-254
Criminal. Affirms convictions of two counts of Class D felony dealing in marijuana and one count of Class D felony maintaining a common nuisance.
In re The Support of J.B.W. and M.A.W., A.A.W. v. A.D.P. (mem. dec.)
89A01-1409-JP-403
Juvenile. Affirms order granting mother permission to relocate the parties’ two minor children to New York.
Joseph Singleton v. State of Indiana (mem. dec.)
32A01-1407-CR-323
Criminal. Affirms convictions of Class A felony child molesting and Class C felony attempted child molesting but revises Singleton’s sentence to 20 years.
In re the Estate of Joyce Hunter ; Jeffrey Barnes v. Dawn Renee Hunter, and Regina McKinney (mem. dec.)
08A02-1404-ES-273
Estate, supervised. Affirms trial court’s refusal to admit to probate a holographic codicil allegedly executed on Oct. 7, 2012.
Stan Kruse v. DeKalb County Plan Commission (mem. dec.)
17A03-1406-PL-227
Civil plenary. Affirms summary judgment in favor of the commission regarding its request for an injunction against Kruse, who had violated certain zoning ordinances.
In the Matter of the Termination of the Parent-Child Relationship of: D.C., G.C. & S.C., Minor Children, A.C., Mother and D.C., Father v. The Indiana Department of Child Services (mem. dec.)
90A02-1408-JT-599
Juvenile. Affirms involuntary termination of parental rights.
Opinions Feb. 27, 2015
Indiana Court of Appeals
Tyrone Shelton v. State of Indiana
71A03-1408-CR-309
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana, Class C felony possession of cocaine, and Class D felony possession of a Schedule I controlled substance. The anonymous tip exhibited sufficient indicia of reliability to create reasonable suspicion for the search in accordance with the Fourth Amendment.
Wife wins appeal of division of marital estate
The Indiana Court of Appeals agreed with a wife in a divorce proceeding that the trial court erred in how it calculated and divided the marital estate. The lower court incorrectly attributed the value of Florida real estate to the wife’s share of the marital pot as well as failed to credit her for paying the parties’ tax debt.