The Indiana Court of Appeals Thursday upheld a mother’s decision to relocate from Indiana to Georgia with her daughter before a court hearing was held on the matter. But one judge on the panel found the court’s reliance on the time the mother and child lived in Georgia to support its decision “makes a mockery” of the relocation statute.
The U.S. Labor Department is awarding a $1.1 million grant to Indiana for academic and job skills training for at-risk youths.
Attorney and Hammond Mayor Thomas McDermott Jr. says he'll seek re-election to that post but still is considering a run for governor in 2016.
Loretta Rush was selected the next chief justice of the Indiana Supreme Court Wednesday by the seven-member Judicial Nominating Commission, which deliberated about an hour before naming her the first female chief justice in the state’s history.
“I appreciate the vote of confidence the JNC has given me,” Rush said after her unanimous selection. On being the first woman chief, she said, “I look forward to the day it’s unremarkable.”
Rush will succeed outgoing Chief Justice Brent Dickson, who announced earlier this year he will step down from the leadership position by Sept. 1, but will remain on the court. Dickson, who as chief justice also chairs the JNC, must retire from the court when he turns 75 in July 2016.
Loretta Rush was selected the next chief justice of the Indiana Supreme Court Wednesday by the seven-member Judicial Nominating Commission.
Indiana Court of Appeals
Arthur Gutierrez, Jr. v. State of Indiana (NFP)
64A03-1309-CR-365
Criminal. Affirms conviction of Class A felony child molesting.
In the Matter of J.K., A Child in Need of Services, M.K., Father v. Marion County Department of Child Services and Child Advocates, Inc. (NFP)
49A02-1312-JC-1008
Juvenile. Affirms adjudication that J.K. is a child in need of services.
Jeffery A. Foster v. State of Indiana (NFP)
14A01-1311-CR-522
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury and imposition of $120 in costs and fees. Remands for hearing to assess Foster’s ability to pay an additional $48 in other fees.
Daniel Utterback v. State of Indiana (NFP)
34A02-1312-CR-1021
Criminal. Affirms seven-year sentence for Class C felony child molesting.
The Indiana Supreme Court and Tax Court released no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Indiana Court of Appeals
Kevin Davis v. State of Indiana
49A05-1310-CR-523
Criminal. Affirms conviction of Class A felony robbery resulting in serious bodily injury. L.H.’s statements to police identifying Davis as participating in the beating and robbery were properly admitted, the trial court did not err when it determined two witnesses had made themselves unavailable and therefore allowed their depositions to be admitted into evidence at trial, and there is sufficient evidence supporting the conviction.
The Indiana Court of Appeals granted a defendant’s petition for rehearing to address a “perhaps unique question” presented in his petition: Does he have to wait three years before he can file another petition to expunge the records of his Class A misdemeanor conviction?
An employment contract between a certified public accountant and his employer did not prohibit the CPA from retiring from his position after the company announced it would not be renewing his contract, the Indiana Court of Appeals concluded Wednesday.
The Indiana Court of Appeals affirmed a teen’s conviction of felony robbery, finding the trial court did not abuse its discretion in declaring two women unavailable for his trial and admitting their depositions at his trial.
The United States District Court for the Southern District of Indiana is accepting comments on whether Magistrate Judge Craig M. McKee should be recommended for reappointment.
Target Corp. is adding its name to a legal defense of gay marriage, joining other large companies that are taking a stand, just four years after the retailer came under criticism for supporting a strident opponent of same-sex unions. The company has filed a court brief backing marriage equality in the case pending before the 7th Circuit Court of Appeals invovling Indiana and Wisconsin same-sex marriages.
The Indiana Supreme Court is about to get its second new leader since 2012.
Indiana Court of Appeals
Joshua Devine v. State of Indiana (NFP)
49A05-1312-CR-604
Criminal. Affirms 16-year sentence for Class B felony attempted robbery.
The City of Sullivan v. North American Latex Corp, Kenneth Wayne Plummer, and Others Owning Property (NFP)
77A01-1401-PL-11
Civil plenary. Affirms order granting the remonstrance petitions of North American Latex Corp., et al., and declaring the city’s proposed annexation of an adjacent parcel to be invalid.
7th Circuit Court of Appeals
Marilyn R. Boley v. Carolyn W. Colvin, acting commissioner of Social Security
13-1252
U.S. District Court, Southern District of Indiana, Evansville Division. Chief Judge Richard L. Young.
Civil. Vacates District Court’s dismissal of Boley’s petition for judicial review of the decision by an administrative law judge that denied her request for a hearing on the denial of benefits. Remands with instructions to decide whether substantial evidence and appropriate procedures underlie the decision that she lacks “good cause” for her delay in seeking intra-agency review. Overrules Watters v. Harris, 656 F. 2d 234 (7th Cir. 1980).
Although a federal judge erroneously held that a savings clause did not apply to a habeas petition filed by an inmate in Terre Haute, the 7th Circuit Court of Appeals affirmed the dismissal based on the merits of the petition.
The 7th Circuit Court of Appeals reversed the dismissal by a federal judge of a woman’s petition for judicial review of the decision to deny rehearing her request for Social Security disability benefits. In doing so, the judges overruled a 1980 7th Circuit decision with similar facts.
The Indiana Supreme Court will not reconsider its decision affirming Daniel Brewington’s intimidation convictions, which arose from inflammatory posts on a blog that threatened a judge.
A St. Joseph County man charged with multiple counts of forgery after falsifying signatures on an election ballot petition for Barack Obama in 2008 was not prejudiced when the state was allowed to amend the charging information at the end of his trial. But, the Indiana Court of Appeals held the evidence only supports convicting him of one count of forgery, not nine.
Former U.S. Attorney Joe Hogsett says he's considering a 2015 run for mayor of Indianapolis.