Judge admonishes losing counsel in long-running litigation
A federal judge admonished a lawyer Wednesday whose clients were found to have abused the process in prosecuting a trademark infringement suit against a similar wine-and-art business.
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Attorney General nominee moves closer to confirmation
Senators weigh Loretta Lynch's nomination for attorney general for a second day at a hearing certain to pile criticism on President Barack Obama and Eric Holder, the current occupant of the job.
Opinions Jan. 28, 2015 ILD
Indiana Court of Appeals
Cameron Williams v. State of Indiana (mem. dec.)
49A02-1408-PC-532
Post conviction. Affirms denial of petition for post-conviction relief.
Aaron J. Taylor v. State of Indiana (mem. dec.)
55A01-1312-CR-524
Criminal. Affirms convictions of two counts of criminal confinement, both Class B felonies; two counts of intimidation, both Class C felonies; criminal recklessness, a Class D felony; and pointing a firearm, a Class D felony.
Indiana Law Enforcement Training Board v. Theodore D. Comer, Sr. (mem. dec.)
22A01-1407-MI-321
Miscellaneous. Affirms board’s decision to revoke Comer’s certification of completion of basic training.
Scott Hedrick-Dwyer v. State of Indiana (mem. dec.)
53A05-1405-CR-201
Criminal. Affirms convictions of Class C felony criminal confinement and Class A misdemeanor battery, finding he is a habitual offender and 18-year sentence.
T.M. v. State of Indiana (mem. dec.)
49A02-1405-JV-362
Juvenile. Affirms adjudication as a delinquent for committing an act that would constitute Class B felony robbery with a deadly weapon if committed by an adult.
Steven DuPont and April DuPont, on Behalf of Minor Child M.D. v. Kiddie Academy of Fishers and Kiddie Academy Childcare Learning Centers, Inc. (mem. dec.)
29A02-1408-CT-602
Civil tort. Reverses the denial of the DuPonts’ motion to correct error with respect to the grant of summary judgment to Kiddie Academy Fishers. Affirms the trial court’s denial of the DuPonts’ motion to correct error with respect to the grant of summary judgment to Kiddie Academy franchisor. Remands for further proceedings.
Jon Holman v. State of Indiana (mem. dec.)
48A04-1407-CR-302
Criminal. Affirms denial of motion to correct erroneous sentence.
Nina Ozuyener v. Korkut Ozuyener (mem. dec.)
49A02-1404-DR-238
Domestic relation. Affirms decision that a post-nuptial agreement was unenforceable.
Shelby Makowsky v. State of Indiana (mem. dec.)
22A04-1406-CR-295
Criminal. Affirms 20-year sentence following guilty plea to Class B felony conspiracy to commit arson.
Opinions Jan. 28, 2015
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday
United States of America v. Jeffrey P. Taylor
12-2916
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Criminal. Affirms conviction. Finds double jeopardy does not bar his retrial on the charges of attempting to transfer obscene material to a minor using means of interstate commerce after his conviction of attempting to use facilities of interstate commerce to engage in criminal sexual activity with a minor was overturned because the charges require proof of different elements. And because the judgment does not incorporate the SORNA ruling and the government has not filed a cross-appeal contesting that, there is nothing for the 7th Circuit to review on this issue. Affirms in all other respects.
COA rules teachers may negotiate for ancillary duty compensation
A dispute between a school corporation and teachers association that made its way before the Indiana Court of Appeals led to the court concluding the teachers may qualify for overtime for performing school-related duties outside of their normal teaching hours.
Gang member’s sentence for bar fight reduced
The convictions of a gang member stemming from his role in a bar fight were upheld by the Court of Appeals Wednesday, but the judges ordered his sentence shortened because the convictions all occurred during a single episode of criminal conduct.
7th Circuit upholds new conviction, cannot address registration requirement
Although a judge communicated that a man must register as a sex offender based on the Sex Offender and Registration Notification Act, because that decision was not incorporated into the judge’s final ruling, there is nothing for the 7th Circuit Court of Appeals to review regarding his challenge to that part of his sentence.
Juvenile’s delinquent adjudication reversed based on illegal search
Because the physical evidence used to adjudicate a teen as delinquent was the direct result of an illegal search of his backpack by police, the Indiana Court of Appeals reversed.
7th Circuit affirms dismissal of workplace discrimination suit
A Sudanese woman’s discrimination suit against a Jeffersonville shipyard where she had worked as a welder was properly dismissed, the 7th Circuit Court of Appeals ruled Tuesday.
Group working to lure national medical-legal conference to Indianapolis
A group of legal and medical professionals will launch an effort Thursday to bring a super bowl – of sorts – to Indianapolis.
Chavis to chair Marion Superior Executive Committee
Marion Superior Civil Division 12 Judge John M.T. Chavis II will chair the 2015-2016 term of the courts’ executive committee.
Denial by justices to take prosecutorial misconduct case draws dissent
Believing that the Indiana Supreme Court should have taken a case involving the “disturbing trend” of alleged prosecutorial misconduct, two justices dissented from their colleagues' decision to not accept the case.
Opinions Jan. 27, 2015 ILD
Not For Publication Opinions
Stacey E. Schwarz v. Richard Schwarz and Lisa Schwarz (Mem. Dec.)
02A03-1407-CT-239
Civil tort. Affirms grant of summary judgment in favor of Richard and Lisa Schwarz.
In the Matter of G.F., a Child in Need of Services, S.F. (Father) v. Ind. Dept. of Child Services (Mem. Dec)
79A02-1405-JC-373
Juvenile. Affirms determination that G.F. is a child in need of services.
In the Matter of the Termination of the Parent-Child Relationship of S.L., a Child and A.W., the Child's Mother v. The Indiana Department of Child Services (Mem. Dec.)
25A05-1407-JT-309
Juvenile. Affirms termination of parental rights.
Michael Grantland v. Office of Clark County Treasurer, David Reinhardt and Office of Clark County Recorder, Richard Jones (Mem. Dec.)
10A01-1409-MI-421
Miscellaneous. Affirms dismissal of Grantland’s lawsuit.
In Re: The Paternity of R.R., J.R. (Father) v. T.G. (Mother) (Mem. Dec)
54A05-1407-JP-325
Juvenile paternity. Divided panel reverses and remands trial court order modifying parenting time after a contempt hearing, expanding visitation for mother. Majority holds father established prima facie error in the trial court’s order on mother’s motion for contempt because there were conflicting orders regarding visitation supervision and father had no notice that parenting-time modification would be considered at the contempt hearing. Dissenting Judge Terry Crone would affirm the trial court in all respects, finding father knew mother’s contempt motion was about his alleged denial of visitation and that the court had worked extensively and sincerely with the parties.
Rong Fan v. Summerlakes Property Owners Association, Inc. (Mem. Dec.)
29A05-1405-PL-219
Civil plenary. Affirms in part, reverses in part and remands a judgment in favor of Summerlakes. Affirms judgment and remands to trial court for recalculation of legal fees awarded to Summerlakes.
Opinions Jan. 27, 2015
Indiana Court of Appeals
Christopher Tiplick v. State of Indiana
Criminal. On interlocutory appeal, reverses denial of Tiplick’s motion to dismiss 11 of the 18 counts in an indictment against him alleging Class C felony charges of dealing in a lookalike substance and Class D felony possession of or dealing in a synthetic drug commonly referred to as spice. A divided panel held the statutes governing synthetic drug charges are unconstitutionally vague based on the definition of “synthetic drug” in I.C. § 35-31.5-2-321(9). Writing Judge Melissa May and concurring Judge James Kirsch held the trial court erred in failing to dismiss charges based on possession of a substance specified as a synthetic drug by a pharmacy board emergency rule but not specifically by statute. Dissenting Judge L. Mark Bailey would affirm the trial court, writing that laws and regulations were not so complex or overly broad as to preclude a person of ordinary intelligence from having notice of the criminal nature of the sale of XLR11 on the basis of vagueness.
‘Spice’ law void for vagueness, divided panels rule
Divided Court of Appeals panels found Indiana’s “spice” law void for vagueness in two separate cases Tuesday.
IndyBar: Avoiding ‘Time Outs’ Through Lessons in Civility
Melanie Reichert writes about the three attorneys who led by example for her.
Abrams: Reminiscing
2014 was an unbelievably good year. Lots of achievements by the IndyBar worthy of cheer.
IndyBar: National Purchasing Partners: Big Savings, Bigger Impact
IndyBar members now have the benefit of discounts on travel, office supplies, cellular devices and plans and much more through a new agreement with National Purchasing Partners (NPP), a group purchasing organization (GPO) created to leverage the purchasing power of a group of businesses to obtain discounts from world class vendors.
IndyBar: Blomquist Honored at Antoinette Dakin Leach Celebration Luncheon
Members of the legal community flocked to the Skyline Club on Thursday, Jan. 15 to recognize Blomquist as the 2014 recipient at the Antoinette Dakin Leach Celebration Luncheon.