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7th Circuit Court of Appeals
Grace Schools, et al., and Diocese of Fort Wayne-South Bend, Inc., et al. v. Sylvia Mathews Burwell, et al.
14-1430-1431
Appeals from the U.S. District Court for the Northern District of Indiana
Judge Jon De Guilio
Civil. Reverses preliminary injunction in favor of the plaintiffs, preventing the federal government from enforcing the “contraceptive mandate” of the Patient Protection and Affordable Care Act. However, extends the injunction for 60 days to allow the District Court the time to address additional arguments made by the parties. Finds the accommodation does not impose a substantial burden on the plaintiffs’ religious beliefs. Judge Daniel Manion dissents, arguing nonprofits have shown accommodation violates the federal Religious Freedom Restoration Act.
Indiana Tax Court
Pulte Homes of Indiana, LLC v. Hendricks County Assessor
49T10-1302-TA-11
Tax. Affirms Indiana Board of Tax Review’s dismissal of Pulte Homes’ 20 petitions to correct error for the 2003-2005 tax years because each alleged errors not correctable under Form 133 appeal procedure. The board had authority to dismiss the claim, an evidentiary hearing was not required, the appeal of common-area assessments is not subject to correction using the Form 133 appeal procedure, and the assessor did not bear the burden to prove the assessments were correct. Affirms dismissal of 26 other suits arising in Decatur, Hamilton, Hendricks and Marion counties that raised the same issue and were consolidated in the case.
Indiana Court of Appeals
In Re the Adoption of: N.S. and I.S., Children, M.S. v. B.K. (mem. dec.)
32A01-1411-AD-500
Adoption. Affirms granting of B.K.’s (stepfather) petition to adopt the children N.S. and I.S. Denies stepfather’s request for appellate attorney fees.
Marcus Blackmon v. State of Indiana (mem. dec.)
49A02-1412-CR-890
Criminal. Affirms convictions of dealing in a narcotic drug, a Class A felony; possession of a controlled substance, a Class D felony; two counts of resisting law enforcement, Class A misdemeanors; and escape, a Class C felony.
Cleveland Range, LLC v. Lincoln Fort Wayne Associates, LLC
02A05-1503-PL-96
Civil plenary. Affirms order permitting Lincoln Fort Wayne Associates to depose three of Cleveland’s witnesses even though Lincoln has not yet initiated litigation. Finds the petition qualified under Indiana Trial Rule 27 because it is being used to memorialize evidence that is already known rather being used as a pre-trial discovery device.
Jonathan Paul Graham v. State of Indiana (mem. dec.)
54A01-1502-CR-61
Criminal. Affirms an aggregate sentence of four and one-half years (with two and one-half years suspended to probation) for pleading guilty to one court of possession of paraphernalia, a Class A misdemeanor; two counts of contributing to the delinquency of a minor, Class A misdemeanors; and one court of maintaining a common nuisance, a Level 6 felony.
Nathan McFarland v. State of Indiana (mem. dec.)
89A01-1412-CR-532
Criminal. Affirms 13-year sentence for conviction of battery, a Class C felony and his adjudication as a habitual offender.
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