College cook not erroneously denied unemployment benefits
A cook at St. Joseph’s College in Rensselaer couldn’t convince the Indiana Court of Appeals that he was entitled to unemployment benefits for the summer of 2012.
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COA reverses treble damages in business deal gone bad
A trial court erred in awarding treble damages to an Indiana man who entered into a business venture with a North Carolina couple that ended up costing him more than $1 million in money owed to him, the Indiana Court of Appeals concluded Thursday.
Indiana has no jurisdiction in case of damaged boat
The Indiana Court of Appeals found a plaintiff’s claims that personal jurisdiction existed in Indiana over a Michigan company involved in a lawsuit about his damaged boat didn’t hold water.
Woman did not breach duty to man injured while on property uninvited
Summary judgment was properly awarded to the owner of lake-front residential property in a man’s lawsuit filed after he was seriously injured in a hammock accident while on her property uninvited, the Indiana Court of Appeals held Thursday.
Rep. Turner introduces resolution defining marriage
Rep. Eric Turner, R-Cicero, filed House Joint Resolution 3 Thursday, which looks to ban same-sex marriage in Indiana through the state Constitution. He also introduced a bill describing the legislative intent of offering the amendment.
Former state superintendent hires top-flight defense in ethics case
Former Indiana Superintendent of Public Instruction Tony Bennett has tapped two top criminal defense attorneys from an Indianapolis law firm to defend him from charges he misused state resources in his 2012 re-election bid. IBJ.com has more on the attorneys.
Evansville federal, bankruptcy courts remain closed
The U.S. District and Bankruptcy courts in Evansville remain closed Thursday after a water main break this week. The closure is a result of ongoing repair to the water main.
Opinions Jan. 8, 2014 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Jan. 8, 2014
7th Circuit Court of Appeals
United States of America v. Tony Currie
12-1666
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms decision to deny Currie’s motion to suppress evidence without conducting an evidentiary hearing. Orders a limited remand for purposes of ascertaining whether the District Court would be inclined to sentence him differently knowing Currie is subject to the lower statutory minimum of five years as provided by the Fair Sentencing Act of 2010. His current sentence is 121 months.
7th Circuit orders judge to reconsider sentence
The 7th Circuit Court of Appeals ordered a limited remand in a drug case Tuesday after finding the lower court should have sentenced the defendant based on the Fair Sentencing Act of 2010, which took effect after his crimes were committed but before he was sentenced.
Dickson State of Judiciary set
Indiana Chief Justice Brent Dickson will deliver his second State of the Judiciary address to the General Assembly next week.
Small law firm acquisitions drive record year in mergers
Law firm combinations were up 47 percent in 2013, which is the highest number of combinations recorded in the seven years that Altman Weil MergerLine has been compiling data, the organization announced Wednesday.
Legislators start 2014 session
The weather nearly kept the Indiana General Assembly from getting the quorum the House and Senate needed to launch the 2014 session Tuesday. House Speaker Brian Bosma, R-Indianapolis, and Senate President Pro Tem David Long, R- Fort Wayne, said meeting sooner rather than later was necessary to get the short session underway. IBJ.com has more on Tuesday’s activities at the Statehouse.
Indy attorney, developer Page files bankruptcy
Indianapolis attorney and developer Paul J. Page has filed personal bankruptcy and lists his largest debt as a $6 million guarantee on a downtown Indianapolis condominium project.
Evansville federal courthouse closed Wednesday
The U.S. District Court for the Southern District of Indiana's Evansville Division is closed Wednesday due to a water main break.
Commission: Suspend Judge Kimberly Brown
Marion Superior Judge Kimberly Brown circumvented the three-judge panel that heard her disciplinary case with a direct appeal to the Indiana Supreme Court, the presiding judge said in striking her last-minute apology and an affidavit in her support from former Justice Frank Sullivan.
Opinions Jan.7, 2014 ILD
Indiana Court of Appeals
Anthony Barron v. State of Indiana (NFP)
49A04-1304-CR-165
Criminal. Reverses and remands to the trial court with instructions to vacate Barron’s conviction for Class D felony domestic battery, leaving his remaining Class D felony convictions for strangulation and criminal confinement and sentence in place.
Timothy Henderson v. State of Indiana (NFP)
35A02-1306-CR-495
Criminal. Affirms conviction of Class C felony burglary. Remands to the trial court with instructions to correct the sentencing order, abstract of judgment, and chronological case summary to reflect that the six-year habitual offender enhancement serves as an enhancement of Henderson’s Class C felony burglary sentence.
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 Jan. 7, 2014
Indiana Court of Appeals
Anthony Barron v. State of Indiana (NFP)
49A04-1304-CR-165
Criminal. Reverses and remands to the trial court with instructions to vacate Barron’s conviction for Class D felony domestic battery, leaving his remaining Class D felony convictions for strangulation and criminal confinement and sentence in place.
Justices block gay marriage in Utah
The Supreme Court of the United States issued an order Monday stopping gay marriage in Utah. The justices stayed a permanent injunction that struck down the state’s ban on same-sex marriage.
NLRB does not challenge ‘poster rule’ decisions
With the deadline for filing a petition passed, the National Labor Relations Board appears to have backed away from its so-called “poster rule.”