Mom’s one-time meth use does not support CHINS case
A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.
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Hearing on motion for TRO on marriage statute Thursday
The multiple challenges to Indiana’s ban on same-sex marriage are picking up steam with the federal court scheduling arguments regarding a temporary restraining order and the state filing a motion to dismiss one of the lawsuits.
Opinions April 4, 2014 ILD
Indiana Court of Appeals
Bruce E. Phillips v. State of Indiana (NFP)
47A01-1304-CR-148
Criminal. Affirms convictions and aggregate 16-year sentence for Class B felony conspiracy to commit dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture controlled substances.
Corey Coleman v. State of Indiana (NFP)
49A02-1307-CR-594
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
In re: the Grandparent Visitation of C.S.N.: Brooke Neuhoff v. Scott A. Ubelhor and Angela S. Ubelhor (NFP)
19A05-1311-MI-542
Miscellaneous. Stays trial court order granting visitation with minor child to parental grandparents and retains jurisdiction. Remands to the trial court with instructions to issue new findings and conclusions within 30 days. Grandparent visitation is suspended pending review.
Shawna Gallagher v. Jacob Gallagher (NFP)
37A03-1308-DR-342
Domestic. Reverses order modifying physical custody of minor children in favor of father, Jacob Gallagher, finding the trial court erred because there was no substantial change in circumstance.
In re: the Marriage of: Carrie A. Chapman v. Stephen L. Chapman (NFP)
02A05-1307-DR-343
Domestic. Affirms award of child support.
The Indiana Supreme Court and Tax Court issued no opinions by IL deadline Friday. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
Opinions April 4, 2014
7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.
United States of America v. Lori Hargis
12-2153
Criminal. Affirms 60-month sentence for Lori Hargis’ conviction of conspiracy to use fire to commit wire fraud for her role in recruiting a man to set fire to her home to collect insurance proceeds. Circuit judges rejected Hargis’ argument that the District Court erred when it adjusted her sentence from the guideline range of 15 to 21 months in prison, finding that the judge adequately explained his rationale for imposing sentence.
Ex-employee files harrassment lawsuit against ChaCha
A former employee of ChaCha Search Inc. has sued the Carmel firm, claiming the owner’s wife harassed her for suspected infidelity with her husband, and that the company failed to prevent the harassment and a “sexually hostile” work environment. IBJ's Dan Human has the story.
Divided high court affirms DNA unnecessary to establish paternity
Indiana Supreme Court justices split 3-2 in affirming that DNA evidence is not required to establish paternity.
7th Circuit affirms 5-year sentence in arson-for-hire
A woman sentenced to serve five years in prison for recruiting another man to set fire to her home didn’t receive an unjust sentence even though it was three to four times longer than federal guidelines, the 7th Circuit Court of Appeals ruled Thursday.
Justices uphold ruling for insurer in negligence claim
Homeowners’ claims after a fire that their insurer was negligent because a policy didn’t fully cover replacement costs was time-barred because the policy limits were discoverable at the time the policy was issued, the Indiana Supreme Court ruled Thursday.
College athletes continue their effort to unionize on Capitol Hill
Just one week after a National Labor Relations Board ruling that Northwestern University scholarship football players are employees of the university and have the right to vote to unionize, a group of the athletes traveled to Washington, D.C., to huddle with lawmakers on the issue. IBJ has the story.
Term ‘patent troll’ gets attention of Congress
Many in Congress aren't sure what a patent troll is, but its negative connotation is being used to get the attention of Congress in an attempt to curb abusive litigation. IBJ has more on the issue.
State seeks further discipline against suspended lawyer Paul Page
The Indiana Supreme Court Disciplinary Commission has filed a complaint against suspended Indianapolis attorney and developer Paul Page that could result in further sanctions against his law license.
Opinions April 3, 2014 ILD
Indiana Court of Appeals
In the Matter of the Civil Commitment of T.K. v. Department of Veterans Affairs, Richard L. Roudebush VA Medical Center (NFP)
49A02-1310-MH-878
Mental health. On rehearing, corrects and clarifies original order affirming involuntary commitment and denies relief.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions April 3, 2014
Indiana Court of Appeals
Jeffrey M. Miller and Cynthia S. Miller v. Federal Express Corporation and 500 Festival, Inc.
49A02-1307-PL-619
Civil plenary. Affirms summary judgment in favor of Federal Express and 500 Festival. The panel held that the entities were immune from the Millers’ claims of defamation and intentional infliction of emotional distress due to online comments critical to his leadership of Junior Achievement of Central Indiana. The entities are immune to the claims under the Communications Decency Act, which recognizes them as providers, not publishers, of Internet content.
Memory of Fort Wayne attorney honored with endowed scholarship at Indiana Tech Law School
The Fort Wayne law firm of Shambaugh Kast Beck & Williams LLP has endowed a $25,000 scholarship to Indiana Tech Law School, giving a boost to the law school which welcomed its inaugural class in August 2013.
Former JA boss loses defamation appeal naming FedEx, 500 Festival
The former head of Junior Achievement of Central Indiana failed Thursday in his bid to reinstate defamation claims against a business and a nonprofit that owned computers from which critical comments about him were posted online.
AG files Medicaid fraud charges against Anderson dental office owner and employees
Nine individuals from an Anderson dental office, including three dentists and the owner, are facing criminal charges for allegedly obtaining hundreds of thousands of dollars from Medicaid illegally, the Indiana attorney general announced Wednesday.
Opinions April 2, 2014 ILD
Indiana Court of Appeals
David S. Healey v. State of Indiana (NFP)
33A01-1308-MI-368
Miscellaneous. Affirms the trial court’s order directing law enforcement and the Indiana Department of Correction to ensure that Healey’s information was no longer published on the Sex and Violent Offender Registry. Healey had appealed the order, arguing the trial court should have stated the 1995 amendment to the Sex and Violent Offender Registration Act was ex post facto punishment as applied to him and the trial court should have specifically noted any extraneous statements that it had made.
Sharico Blakely v. State of Indiana (NFP)
02A03-1308-PC-313
Post conviction. Affirms denial of Blakely’s petition for post-conviction relief.
Jaquari Daquion Dodd v. State of Indiana (NFP)
45A04-1309-CR-462
Criminal. Affirms 3 ½-year sentence for robbery, a Class C felony.
Tehlynn Trotter v. State of Indiana (NFP)
49A04-1308-CR-421
Criminal. Affirms conviction of Class A misdemeanor battery with bodily injury.
Lore Futrell v. KGRP, Inc. d/b/a The Kroger Co. (NFP)
49A02-1308-CT-702
Civil tort. Affirms summary judgment in favor of Kroger.
Christopher A. Fields v. State of Indiana (NFP)
66A04-1306-CR-314
Criminal. Affirms denial of Fields’ petition for writ of habeas corpus. Fields argued the trial court erred in calculating the class 1 credit time he earned while he was incarcerated for a parole violation. COA ruled Fields was not entitled to credit for the full 235 days he served because he had received a deprivation of 30 days credit time.
Darvelle White v. State of Indiana (NFP)
49A02-1307-CR-623
Criminal. Affirms White’s conviction of Class A misdemeanor operating a vehicle while intoxicated.
The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions April 2, 2014
Indiana Court of Appeals
David S. Healey v. State of Indiana (NFP)
33A01-1308-MI-368
Miscellaneous. Affirms the trial court’s order directing law enforcement and the Indiana Department of Correction to ensure that Healey’s information was no longer published on the Sex and Violent Offender Registry. Healey had appealed the order, arguing the trial court should have stated the 1995 amendment to the Sex and Violent Offender Registration Act was ex post facto punishment as applied to him and the trial court should have specifically noted any extraneous statements that it had made.
Same-sex couple’s bid for recognition expedited due to grave illness
The chief federal judge in Indianapolis quickly summoned lawyers to address a same-sex couple’s emergency request that Indiana recognize their Massachusetts marriage because one of the women is gravely ill.
Court upholds Plymouth pay policy challenged by reservist
The city of Plymouth’s policy on longevity pay withstood a challenge by a police officer who unsuccessfully claimed he was entitled to the full benefit rather than a prorated share for time he spent deployed as a U.S. Air Force Reservist.