Dozens of Indiana firefighters, police officers and emergency medical workers say a federal appeals court should uphold same-sex marriage in Indiana and Wisconsin for the sake of the families of gay first responders, a spokeswoman said Monday.
Lawyers are reworking an agreement under which a former county auditor in southern Indiana was expected to plead guilty to criminal charges of wrongly paying personal expenses with county-issued credit cards.
Indiana Court of Appeals
Domingo Gonzalez v. State of Indiana (NFP)
12A04-1312-CR-643
Criminal. Affirms convictions of Class D felony criminal confinement and Class B misdemeanor unauthorized entry of a motor vehicle.
Tiffany Thompson, Jason Thompson, and Cassie Thompson v. Fields Gutter & Siding, Inc., Pamela Sue Fields, and Michael C. Ford, Jr. (NFP)
32A05-1403-CT-131
Civil tort. Affirms summary judgment in favor of Fields Gutter & Siding Inc., Fields and Ford on the Thompsons’ lawsuit alleging FGS was liable for Ford’s negligent acts under the theory of respondeat superior and the company breached its common law duty to use reasonable care.
Eric P. Mains v. Citibank, NA as Trustee for WAMU Series 2007-HE2 Trust (NFP)
10A04-1309-MF-450
Mortgage foreclosure. Affirms summary judgment against Mains in a mortgage foreclosure action brought against him and Anna V. Mains by Citibank.
Antoinette Crosslin v. Review Board of the Indiana Department of Workforce Development and Kenya Hamilton (NFP)
93A02-1305-EX-413
Agency action. Affirms determination Crosslin is ineligible for unemployment benefits.
7th Circuit Court of Appeals
Bruce Carneil Webster v. John F. Caraway, Warden, United States Penitentiary, Terre Haute
14-1049
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Affirms dismissal of Webster’s petition for collateral relief under 28 U.S.C. Section 2241. Agrees with District Court’s decision that the petition is blocked by Section 2255(e), under which Webster had previously sought collateral relief in the Fifth Circuit Court of Appeals, the circuit where he had committed his crime.
Indiana Court of Appeals
An Arkansas man on death row in Indiana for killing a woman in Texas nearly 20 years ago was unable to convince the 7th Circuit Court of Appeals that he should not be put to death. Bruce Carneil Webster argues he is mentally retarded and has new evidence that would affect his sentence.
With the advent of the smartphone, people now never really leave work. But a growing number of people are now seeking a kind of digital detox at least once a year by unplugging all of their devices. It’s a decision that creates anxiety, but one executive who recently did it said the payoff was priceless. Read more at IBJ.com (subscription required).
The intellectual property clinical program, established earlier this year at the Indiana University Maurer School of Law, has been certified for pro bono practice before the U.S. Patent Office.
The three major ethics cases involving Indiana officials this year have one thread that ties them together: frustration from ethics watchdogs over a lack of disclosure and transparency.
A northwestern Indiana judge will lose a combined 67 years of experience this month when all three of his employees retire.
The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions by IL deadline.
7th Circuit Court of Appeals
United States of America v. Constantino Cejas and Nicholas Ceja
12-3896 & 13-1034
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane E. Magnus-Stinson
Criminal. Affirms brothers’ convictions for conspiring to distribute drugs, possessing and distributing 50 grams or more of methamphetamine and possessing a firearm to further their drug activity. Also affirms Constantino’s sentence of 480 months imprisonment. Rules the video taken outside the home where the drug deal occurred was properly authenticated and was not barred by Federal Rule of Evidence 403. Finds there was sufficient evidence to convict Nicholas for possession with intent to distribute and distribution of methamphetamine. Finally, concludes Constantino’s second firearm possession conviction did not violate double jeopardy and congressional intent.
A video showing two brothers outside a home where a drug deal occurred was properly authenticated for trial, the 7th Circuit Court of Appeals ruled.
A former police officer and council member in an Ohio River city said in a federal lawsuit that he was fired for blowing the whistle on public corruption.
Former Chief Deputy Attorney General Gary Secrest will take over as assistant attorney general, a new post. Deputy Attorney General Matt Light will succeed Secrest as the chief deputy attorney general.
Once again, the federal courts are warning of a juror scam designed to trick unsuspecting people into giving their personal information.
Josh J. Minkler, 51, was named Friday to lead the federal prosecutor’s office for the Southern District of Indiana. As acting U.S. attorney, Minkler replaces former U.S. Attorney Joe Hogsett, whose final day on the job was Thursday.
The Indiana Division of State Court Administration is soliciting competitive bids for a statewide electronic filing manager to assist with the coming requirement for electronic filing in trial courts.
The National Academy of Distinguished Neutrals has launched an Indiana chapter with 17 attorneys and former judges as charter members.
Indiana Court of Appeals
Marlon D. McKnight v. State of Indiana (NFP)
20A03-1308-PC-333
Post conviction. Affirms denial of petition for post-conviction relief.
Tobin Pettiet v. State of Indiana (NFP)
02A03-1312-CR-510
Criminal. Affirms three-year sentence for pleading guilty to domestic battery, a Class D felony.
Joshua W. Sanford v. State of Indiana (NFP)
82A01-1312-CR-552
Criminal. Affirms conviction of theft, as a Class D felony.
Ronald Williams v. State of Indiana (NFP)
02A03-1311-CR-451
Criminal. Affirms conviction of murder and executed sentence of 65 years.
Terry Lee Carr v. State of Indiana (NFP)
90A05-1311-CR-548
Criminal. Affirms conviction of Class D felony theft.
Robert Hubbard v. State of Indiana (NFP)
02A05-1312-CR-622
Criminal. Affirms six-year aggregate sentence for pleading guilty to Class D felony residential entry and Class D felony invasion of privacy and status as a habitual offender.
Justin Stephens v. State of Indiana (NFP)
49A05-1312-CR-598
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Mark McCoy v. State of Indiana (NFP)
49A05-1310-CR-531
Criminal. Affirms convictions for three counts of child molesting, Class A felonies, and one count each for criminal confinement, intimidation, and child molesting, all Class C felonies.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Indiana Court of Appeals
William T. Calvert v. State of Indiana
32A01-1312-CR-535
Criminal. Reversed conviction of illegal consumption of alcohol by a minor, a Class C misdemeanor. Rules the trial court should have granted a continuance rather than try Calvert in absentia. Calvert, a private in the U.S. Army, was denied his constitutional right to be present at his trial because he was on deployment in Afghanistan when his hearing was held. Remands for a new trial.