Technology Untangled: Blu-ray players also stream Internet video
Stephen Bour takes a look into a HD Blu-ray disc player to expand his viewing options.
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Articles
Indiana makes gains in permanent placement
The state sees improvement, but aims to do better.
New magistrate takes the oath
U.S. Magistrate Denise K. LaRue was sworn in Sept. 8 as the Southern District of Indiana’s newest magistrate.
Recent medical malpractice opinion causes some lawyers concern
Attorneys have asked the Indiana Supreme Court to weigh in on a recent ruling that has left some people wondering about the future of medical malpractice law.
2 Indiana lawyers part of legal team representing plaintiffs in 9/11 litigation
Even now, chills run down Mary Beth Ramey’s spine when she stands along the canal in downtown Indianapolis and thinks about how that spot ties into the litigation she’s been involved in for the past decade.
Judges disagree on whether use of names or initials is appropriate
A clear divide exists at the Indiana Court of Appeals these days and is anything but confidential. Judges are debating whether parties’ names on certain cases should be released publicly or be shielded through use of initials only.
Questioning judicial campaign contributions
The American Bar Association urges states to adopt recusal rules because of judicial fundraising concerns.
Opinions Sept. 12, 2011 ILD
7th Circuit Court of Appeals
Kevin B. Arnett v. Thomas A. Webster, M.D., et al.
09-3280
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Affirms dismissal of the non-medical defendants from Arnett’s Bivens action for cruel and unusual punishment while he was in prison. Finds Arnett properly stated a claim against the medical defendants Beighley, Dr. Wilson, and Paul-Blanc and reverses dismissal with regards to those three. Affirms summary judgment in favor of Dr. Webster because Arnett failed to meet his burden to submit evidence upon which a reasonable jury could find that the doctor acted with deliberate indifference. Remands for further proceedings.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Maria Lopez Garcia v. Agile Resources Inc. (NFP)
93A02-1012-EX-1425
Agency appeal. Affirms denial of application for adjustment of claim.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court granted four transfers and denied 23 for the week ending Sept. 9, 2011.
Opinions Sept. 12, 2011
7th Circuit Court of Appeals
Kevin B. Arnett v. Thomas A. Webster, M.D., et al.
09-3280
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Affirms dismissal of the non-medical defendants from Arnett’s Bivens action for cruel and unusual punishment while he was in prison. Finds Arnett properly stated a claim against the medical defendants Beighley, Dr. Wilson, and Paul-Blanc and reverses dismissal with regards to those three. Affirms summary judgment in favor of Dr. Webster because Arnett failed to meet his burden to submit evidence upon which a reasonable jury could find that the doctor acted with deliberate indifference. Remands for further proceedings.
Damage of personal property not unconstitutional taking
The Indiana Court of Appeals has ruled in favor of a sanitary district in a suit against it alleging an unconstitutional taking of homeowners’ personal property after sewage backed up into their homes. The judges relied on a case from Nevada to support their decision.
Supreme Court takes 4 cases
The Indiana Supreme Court has granted transfer to four cases, including two cases dealing with double jeopardy issues.
Appeals court sets arguments in Camm case
The Indiana Court of Appeals has schedule oral arguments in the case of the former Indiana State Police trooper accused of killing his wife and children in 2000.
COA affirms lower court in shoe-killing case
The Indiana Court of Appeals has upheld a post-conviction court’s determination that a man convicted of kicking another man to death cannot appeal his conviction.
Opinions Sept. 9, 2011 ILD
7th Circuit Court of Appeals
Autumn Eaton v. Indiana Department of Corrections, Pendleton Juvenile Corrections Facility
10-3214
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Reverses judgment of the District Court, finding that sufficient evidence exists to preclude summary judgment in favor of Eaton’s employer, the Indiana Department of Corrections, in her Title VII discrimination claim. Remands to the court for proceedings consistent with the opinion.
In re: Vikram Buddhi
10-3802
U.S. District Court, Northern, District of Indiana, Hammond Division, Judge James T. Moody.
Civil. Denies petition for a writ of mandamus requesting the 7th Circuit Court rescind the District Court’s order requiring money in Buddhi’s prison trust account to be applied to his filing fee and special assessment against him that was part of his sentence. Holds that Buddhi’s appeal of the denial of his motion to reconsider his sentence is being affirmed in a separate order.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Shawnee Construction and Engineering, Inc. v. Don C. Stanley, Jr.
02A04-1010-CT-610
Civil tort. Reverses trial court’s grant of partial summary judgment in favor of Stanley and denial of Shawnee’s summary judgment motion, holding that Shawnee did not contractually assume a duty to Stanley. Remands to the trial court with instructions to grant Shawnee’s summary judgment motion.
Martha Sienkowski v. Frederick E. Verschuure
46A03-1101-CT-5
Civil tort. Affirms trial court’s refusal to consider an affidavit from a juror to impeach the jury’s verdict post-trial, holding that regardless of whether the jury verdict was unanimous, it may not be impeached by the testimony or affidavit of the jurors who return it.
Michael Smith v. State of Indiana (NFP)
49A02-1011-CR-1268
Criminal. Affirms conviction of Class D felony resisting law enforcement.
Frances Collins v. Jean Ann Elsfelder (NFP)
82A01-1009-PL-456
Civil plenary. Affirms trial court’s denial of motion to correct error. Reverses allocation of credit card debt and remands to the court to modify distribution of debt amount.
Melvin Bishop v. State of Indiana (NFP)
49A04-1101-CR-1
Criminal. Affirms conviction of Class B felony rape. Reverses conviction of and sentence for Class C felony sexual misconduct with a minor on double jeopardy grounds and remands to the trial court to vacate that conviction and sentence.
James Mason v. State of Indiana (NFP)
71A05-1101-CR-18
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Doris Autry, et al. v. Central Soya Company, Inc., et al. (NFP)
49A02-1102-CT-193
Civil tort. Affirms trial court’s denial of Autry’s request for attorney fees.
Joseph Fairrow v. State of Indiana (NFP)
49A05-1012-CR-765
Criminal. Affirms convictions of Class B misdemeanor disorderly conduct and Class A misdemeanor resisting law enforcement.
Joseph Gardner v. State of Indiana (NFP)
79A02-1011-CR-1286
Criminal. Affirms conviction of Class A felony dealing in a narcotic and associated charges.
Cyrus C. Turpin v. State of Indiana (NFP)
22A01-1012-CR-626
Criminal. Affirms revocation of probation.
Richard K. Orem v. State of Indiana (NFP)
34A02-1106-CR-531
Criminal. Affirms trial court’s order that Orem serve the remainder of his previously suspended sentence for Class D felony strangulation in the Indiana Department of Correction.
Beverly Jinkins v. Cumis Insurance Society, Inc. (NFP)
49A04-1006-PL-371
Civil plenary. Affirms trial court’s grant of summary judgment in favor of Cumis.
In Re the Term. of the Parent-Child Rel. of J.B.and L.B.: T. B. and R.B. v. Indiana Department of Child Services (NFP)
15A04-1103-JT-130
Juvenile. Affirms termination of parental rights for mother and father.
Kara Day v. State of Indiana (NFP)
49A02-1102-CR-104
Criminal. Affirms conviction of Class B misdemeanor battery.
Manuel Rosas v. State of Indiana (NFP)
45A03-1011-CR-607
Criminal. Affirms conviction of and sentence for Class C felony child molesting.
Jose Rodriguez v. State of Indiana (NFP)
49A05-1006-CR-410
Criminal. Affirms conviction of attempted murder and sentence enhancement for acting at the direction of or in affiliation with a gang.
Courtney Arseneau v. State of Indiana (NFP)
49A02-1012-CR-1393
Criminal. Affirms convictions of Class A misdemeanor domestic battery and Class A misdemeanor criminal mischief.
Shyreeta R. Members v. State of Indiana (NFP)
49A05-1101-CR-12
Criminal. Affirms conviction of Class D felony theft.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 9, 2011
7th Circuit Court of Appeals
Autumn Eaton v. Indiana Department of Corrections, Pendleton Juvenile Corrections Facility
10-3214
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Reverses judgment of the District Court, finding that sufficient evidence exists to preclude summary judgment in favor of Eaton’s employer, the Indiana Department of Corrections, in her Title VII discrimination claim. Remands to the court for proceedings consistent with the opinion.
Mexican officials visit law school
Eduardo Arnal Palomera, Mexican Consul General in Chicago, and Alberto Foncerrada Berumen, of the Chicago Mexican Consulate Office of Relations with Local Governments, visited Valparaiso University and Valparaiso University Law School on Aug. 31 to talk with students and university leaders.
Bar foundation names ‘legendary lawyer’
The Fellows of the Indiana Bar Foundation have chosen Leslie Duvall as the 2011 Legendary Lawyer. On Sept. 27, Indianapolis firm Lewis & Kappes will hold a ceremony in his honor.
Opinions Sept. 8, 2011 ILD
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
John A. Bailey v. State of Indiana (NFP)
82A01-1102-CR-71
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.
Robert A. Johnson v. State of Indiana (NFP)
71A03-1012-CR-672
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class D felony possession of marijuana. Affirms determination Johnson violated his probation in a separate cause.
Gerald Clark v. State of Indiana (NFP)
84A01-1010-CR-527
Criminal. Affirms convictions of and sentence for Class A felony possession of cocaine with intent to deliver and Class A misdemeanor possession of marijuana.
Jason Clark v. State of Indiana (NFP)
49A02-1102-CR-61
Criminal. Affirms conviction of Class A misdemeanor battery.
Robert Johnson v. State of Indiana (NFP)
49A02-1010-PC-1242
Post conviction. Affirms denial of petition for post-conviction relief.
In Re the Marriage of: Samuel D. Gray v. Angel Gray (NFP)
33A05-1102-DR-89
Domestic relation. Reverses order as it pertains to finding Samuel Gray in contempt and instructs the amount paid by him to Angel Gray’s attorney be credited toward the money judgment balance. Affirms order that modified Samuel’s child support obligation and that he pay uninsured orthodontic expenses and certain college expenses.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 8, 2011
Indiana Court of Appeals
Cathy Minix, et al. v. Sheriff Frank Canarecci, Jr., et al.
71A04-1009-CT-591
Civil tort. Reverses summary judgment in favor of Canarecci on Minix’s wrongful death claim and affirms denial of the medical providers’ motion for summary judgment in Minix’s wrongful death claim and medical malpractice claim. Minix’s Child Wrongful Death Statute claim against the sheriff isn’t barred by the doctrine of res judicata, and an award of damages on both the federal and state claims at issue won’t result in double recovery.