Disciplinary Actions – 5/7/14
Read who’s been barred from practice in Indiana and who has been reprimanded.
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Articles
Inside the Criminal Case: SCOTUS rules anonymous 911 call reliable
The Supreme Court of the United States recently held that an anonymous call to 911 was sufficient to initiate a traffic stop in certain specific circumstances. Navarette v. California, 2014 U.S. Lexis 2930 (2014). The decision set off a minor shockwave in the media with reports that the 5-4 opinion eroded Fourth Amendment protection.
Burmese man loses workplace discrimination appeal
A man born in Burma whose employment at a Mooresville factory was terminated after co-workers complained about his behavior failed to persuade the 7th Circuit Court of Appeals to reinstate his claim of discrimination based on national origin.
Opinions May 5, 2014 ILD
Indiana Court of Appeals
Victor Mercaldo and Nancy Jenkins, individually and as Parents and Natural Guardians of Kelly P. Mercaldo, Minor Child, Deceased, et al. v. Andrew Hagenow and Alyssa R. Brown (NFP)
64A04-1311-CT-579
Civil tort. Affirms summary judgment in favor of Hagenow.
Justin Malone v. State of Indiana (NFP)
03A01-1307-CR-334
Criminal. Affirms two-year sentence for conviction of Class D felony criminal recklessness.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions May 5, 2014
Indiana Court of Appeals
Victor Mercaldo and Nancy Jenkins, individually and as Parents and Natural Guardians of Kelly P. Mercaldo, Minor Child, Deceased, et al. v. Andrew Hagenow and Alyssa R. Brown (NFP)
64A04-1311-CT-579
Civil tort. Affirms summary judgment in favor of Hagenow.
Same-sex plaintiffs argue the governor enforces marriage statute
Plaintiffs in Love v. Pence, the first lawsuit filed in March challenging Indiana’s ban on same-sex marriage, filed their response to the state’s motion to dismiss their complaint, arguing the governor has the power to order county clerks to issue marriage licenses.
7th Circuit denies habeas relief in 2005 Gary murder
A man convicted of murder for the 2005 shooting death of a 15-year-old on a Gary street wasn’t prejudiced by his attorney’s refusal to object to a prosecutor’s comments about the defendant’s failure to testify, the 7th Circuit Court of Appeals ruled Friday.
Conour defender asks to withdraw from 7th Circuit appeal
The public defender appointed to represent convicted fraudster and former leading personal-injury attorney William Conour has asked the 7th Circuit Court of Appeals to withdraw from the case, citing an unspecified conflict of interest.
Supreme Court takes ethanol plant emissions suit
The Indiana Supreme Court will hear the state’s appeal of a Court of Appeals ruling placing stricter limits on emissions from ethanol plants.
Camm seeking damages for wrongful incarceration
David Camm, the former Indiana State Police officer who served 13 years in prison before being acquitted of murdering his wife and two young children, is striking back at those who accused him.
Court hears arguments in same-sex marriage case
A same-sex couple fighting to have Indiana recognize their marriage returned to court Friday to convince a judge the state’s ban on same-sex marriage is unconstitutional.
Indianapolis Justice Center responses due by end of June
Three groups chosen to design proposals for a Criminal Justice Center on the former General Motors stamping plant site west of downtown Indianapolis will have until the end of June to submit their comments on the project, a city official said Friday. Development proposals are due in the fall.
Opinions May 2, 2014 ILD
Indiana Court of Appeals
Marc M. Lindsey v. State of Indiana (NFP)
43A03-1309-CR-361
Criminal. Affirms one-year executed sentence for conviction of Class D felony resisting law enforcement.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. 7th Circuit Court of Appeals issued no Indiana opinions Friday by IL deadline Friday.
Opinions May 2, 2014
U.S. 7th Circuit Court of Appeals
Sarah E. Frey, Kevin Enright and Protect Our Woods Inc. v. Environmental Protection Agency and Gina McCarthy, Administrator
13-2142
Civil. Affirms District Court rulings of summary judgment in favor of EPA and denial of motion for U.S. District Court Chief Judge Richard Young to disqualify himself based on prior rulings. Young correctly found plaintiffs’ motions were moot because a Bloomington PCB cleanup is ongoing, because plaintiffs are not prevailing parties or parties to the original consent decree, and as such they also are not entitled to attorney fees. Young’s decision not to disqualify himself did not deny plaintiffs due process.
Former GIPC chief faces forgery, theft counts
The former executive director of the Greater Indianapolis Progress Committee was charged Thursday with 26 counts of forgery and one count of theft for allegedly misappropriating more than $96,000 of the organization’s money.
Appeals panel reverses judgment favoring insurer
A trial court erred in granting summary judgment to an insurance company that argued a driver injured in a car crash could not collect on an underinsured motorist policy because she received payments from other sources in excess of her policy limits.
7th Circuit affirms rulings for EPA in Bloomington PCB cleanup
The 7th Circuit Court of Appeals Thursday turned away a citizen-led appeal of rulings favorable to the Environmental Protection Agency in an ongoing cleanup of a former Westinghouse Electric Corp. plant that polluted the Bloomington site with toxic PCBs.
Opinions May 1, 2014 ILD
Indiana Court of Appeals
Robert W. Evans v. State of Indiana (NFP)
79A04-1308-CR-386
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.
In re the Marriage of: John Lane v. Leisa Lane (NFP)
49A02-1308-DR-698
Domestic relation. Reverses denial of John Lane’s motion for relief from judgment. Lane may file a notice of appeal from the dissolution decree with the clerk of Court of Appeals within 30 days of this opinion being certified.
In the Matter of the Termination of the Parent-Child Relationship of: R.J.L.E. (Minor Child), and B.E. (Father) v. The Indiana Department of Child Services (NFP)
02A03-1311-JT-450
Juvenile. Affirms termination of parental rights.
In the Matter of the Termination of the Parent-Child Relationship of: S.T. (Minor Child), and R.M. (Father) v. The Indiana Department of Child Services (NFP)
82A01-1309-JT-396
Juvenile. Affirms termination of parental rights.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions May 1, 2014
Indiana Supreme Court
Alva Electric, Inc., Arc Construction Co., Inc., Danco Construction, Inc., Deig Bros. Lumber & Construction Co., Inc., et al. v. Evansville-Vanderburgh School Corporation and EVSC Foundation, Inc.
82S01-1307-PL-473
Civil plenary. Affirms summary judgment in favor of the defendants on the antitrust claim. Reverses summary judgment for the defendants on the issue of a public bidding violation. Holds the procedure employed by the school corporation to renovate one of its buildings violated Indiana’s Public Work Statute, but not the Antitrust Act. Remands with instructions to enter summary judgment in favor of the taxpayers who brought the lawsuit as well as a declaration that the transactions by the school corporation violated the Public Work Statute.
Ethics panel finds Turner didn’t violate rules
An ethics panel cleared House Speaker Pro Tem Eric Turner of wrongdoing Wednesday for fighting a measure that would have cost him millions of dollars, but it urged lawmakers to strengthen the disclosure rules for public officials. The IBJ has more on the panel’s decision.