Articles

Economic harm is key part of gay marriage argument

When the 7th Circuit Court of Appeals on Sept. 4 affirmed Indiana’s marriage law was unconstitutional, Judge Richard Posner’s opinion gave special nod to the economic harm married same-sex couples suffer by not receiving the tangible state and federal benefits that are extended to married opposite-sex couples.

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7th Circuit: Marriage law is unconstitutional

Indiana’s assertion that preventing same-sex marriage encourages responsible procreation among heterosexuals was unequivocally rejected Sept. 4 in a blistering opinion from the 7th Circuit Court of Appeals, which said the state’s argument could not be taken seriously.

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Opinions Sept. 8, 2014 ILD

Indiana Court of Appeals
Jessica Lewis v. State of Indiana (NFP)
49A04-1401-CR-15
Criminal. Affirms conviction of Class C felony possession of cocaine.

Raymond Shelley v. State of Indiana (NFP)
34A02-1312-CR-1063
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Gary Wilder v. State of Indiana (NFP)
27A02-1311-CR-978
Criminal. Affirms convictions of Class C felony criminal confinement and Class A misdemeanor counts of criminal recklessness and criminal mischief.

Thomas W. Badgley v. State of Indiana (NFP)
67A04-1403-CR-135
Criminal. Affirms 40-year sentence imposed after a guilty plea to Class A felony voluntary manslaughter.

Steven C. Peters v. State of Indiana (NFP)
49A02-1311-CR-982
Criminal. Affirms convictions of Class A misdemeanor counts of criminal trespass and resisting law enforcement and Class B misdemeanor disorderly conduct.
 

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Opinions Sept. 8, 2014

Indiana Court of Appeals
Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, and Valley Watch, Inc. v. Duke Energy Indiana, Inc., Indiana Office of Utility Consumer Counselor
93A02-1305-EX-394
Agency action. Remands to the Indiana Utility Regulatory Commission its order approving Duke’s request to include power plant construction costs of the Edwardsport coal-gasification plant from Oct. 1, 2011, to March 31, 2012, in a rate adjustment rider. Remands for findings as to whether a delay was chargeable to Duke and, if so, what impact the delay had on Duke’s customers’ rates. Also remands for a clear statement of the policy and evidentiary considerations underlying IURC’s determination that 50 percent of the plant was deemed in-service.

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Opinions Sept. 5, 2014 ILD

Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.G., Minor Child, and Her Mother, S.V., S.V. v. Indiana Department of Child Services (NFP)
02A04-1403-JT-105
Juvenile. Affirms termination of parental rights.

Jordan W. Buskirk v. State of Indiana (NFP)
28A01-1404-CR-172
Criminal. Affirms 81-year executed sentence following a guilty plea to Class A felony charges of murder and conspiracy to commit murder and Class B felony conspiracy to commit rape.

Anthony W. McGriff v. State of Indiana (NFP)
90A02-1312-CR-1014
Criminal. Affirms eight-year sentence for conviction of Class B felony burglary.

Shaun Cox v. State of Indiana (NFP)
48A05-1312-CR-588
Criminal. Affirms 40-year sentence for convictions of five counts of Class A felony child molesting.

Jeffrey S. Burke v. State of Indiana (NFP)
52A02-1402-CR-64
Criminal. Affirms revocation of probation.

In the Matter of the Termination of the Parent-Child Relationship of: R.W. & K.W., Minor Children, and B.W., Father v. The Indiana Department of Child Services (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2014/september/09051405msm.pdf
79A02-1402-JT-120
Juvenile. Affirms termination of parental rights.

M.M. v. State of Indiana (NFP)
49A04-1312-JV-622
Juvenile. Affirms placement in a secure juvenile facility following violation of a court-ordered curfew and adjudication as delinquent for conduct that would be Class D felony theft if committed by an adult.

In re the Adoption of E.H. and M.H., S.H. and B.S. v. M.S. and S.S. and the Indiana Department of Child Services (NFP)
27A02-1401-AD-35
Adoption. Affirms denial of S.H. and B.S.’s motion to intervene in the adoption of minor children E.H. and M.H. by M.S. and S.S.
 
Cynthia S. Giema v. Chrysler Group, LLC, Bosak Motor Sales, Inc., Will Farrellbegg, Jerry P. Giema and Rosemary Giema, Cynthia R. Novotny, and Kathy Willman (NFP)
37A04-1402-PL-76
Civil plenary. Affirms grant of summary judgment in favor of Chrysler Group, LLC.
 
Theola Ann Heggler v. State of Indiana (NFP)
71A03-1312-CR-490
Criminal. Dismisses as untimely Heggler’s appeal of her conviction of Class D felony welfare fraud.
 

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Opinions Sept. 5, 2014

7th Circuit Court of Appeals
Marilyn Rae Baskin v. Penny Bogan
14-2386
Midori Fujii v. Commissioner of the Indiana State Department of Health
14-2387
Pamela Lee v. Brian Abbott
14-2388
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard Young
Civil. Affirms District Court judgment invalidating and enjoining Indiana and Wisconsin prohibitions on same-sex marriage. The 7th Circuit consolidated the three same-sex marriage cases from Indiana into one opinion with the single case from Wisconsin, Wolf et al. v. Walker, et al., 14:2526. The court confined its ruling to the 14th Amendment’s Equal Protection Clause and did not address the plaintiffs’ due process arguments. Rejects Indiana’s responsible procreation argument, finding Indiana’s prohibition on same-sex marriage discriminates against gays and lesbians.

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