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Child identity theft poses unique problems

Identity theft is not a new problem, but studies show that it is intensifying, and that means more theft of children’s personal information. According to a survey by the Identity Theft Assistance Center, one in 40 households with a child under the age of 18 has experienced child identity theft.

Tinder departs 7th Circuit

Judge John Tinder is retiring, but he expects to seek opportunities to assist parties with litigation consulting, compliance and arbitration.

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Protecting jobs from protective orders

A little-noticed bill signed into law May 5 provides new protections in the workplace for victims trying to untangle themselves from domestic violence situations.

Opinions July 27, 2015 ILD

Indiana Court of Appeals
Anthony W. Taylor-El v. State of Indiana (mem. dec.)
49A05-1411-CR-538
Criminal. Affirms denial of motion to correct erroneous sentence.

In the Matter of the Termination of the Parent-Child Relationship of B.G. & F.G. (Children), and, F.G., Sr. v. The Indiana Department of Child Services (mem. dec.)
71A05-1411-JT-541
Juvenile. Affirms termination of parental rights.

Leo Kahn v. Fletcher Horn d/b/a Hartwood Architectural Antiques and Perry Glancy (mem. dec.)
93A02-1410-EX-755
Agency action. Affirms Worker’s Compensation Board decision that Perry Glancy was not liable under the Worker’s Compensation Act for Kahn’s injuries.

Kenneth Powers v. State of Indiana (mem. dec.)
69A04-1502-CR-72
Criminal. Affirms revocation of probation.

Ahkeem Shakur Scott-Manna v. State of Indiana (mem. dec.)
45A03-1411-CR-391
Criminal. Affirms murder conviction and 60-year sentence.

Ricky B. Akins v. State of Indiana (mem. dec.)
02A03-1412-CR-439
Criminal. Affirms in part, reverses in part and remands convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting. Vacates the Class C felony as a double jeopardy violation.

Jimmy Scott Huntington v. State of Indiana (mem. dec.)
15A01-1412-CR-544
Criminal. Affirms revocation of probation.

Larry D. Blanton, Jr. v. State of Indiana (mem. dec.)
53A04-1410-PC-509
Post conviction. Affirms denial of post-conviction relief.

Bonnie Motsch v. State of Indiana (mem. dec.)
02A03-1412-CR-451
Criminal. Affirms six-year sentence for convictions of Class D felony counts of theft and possession of a controlled substance and Class A misdemeanor counts of possession of paraphernalia and driving while suspended.

Opinions July 27, 2015

7th Circuit Court of Appeals
The following opinion was issued after IL deadline Friday
Katherine Cerajeski, Guardian for Walter Cerajeski v. Greg Zoeller, Attorney General of the State of Indiana, et al.
15-1313
Appeal from the United States District Court for the Southern District of Indiana.
Judge Jane Magnus-Stinson
Civil. Reverses dismissal of Cerajeski’s claim as moot, holding that she is entitled to legal fees because the suit led to a change in state law that enabled her to obtain damages sought in the litigation. Remands for a determination of reasonable legal fees, expressing a tentative view that the amount sought for the prior appeal –  $258,462.50 for 375.75 hours – is excessive.

Union pension plan gets victory in 7th Circuit

The 7th Circuit Court of Appeals has reversed a judgment against a union pension plan after finding the District Court erred as a matter of law and abused its discretion.

State must pay legal fees in unclaimed property appeal

A woman who previously won a federal lawsuit arguing she was entitled to interest on unclaimed property held by the Indiana attorney general’s office also won her claim that the state should pay her legal fees for her initial appeal.

Opinions July 24, 2015 ILD

Indiana Court of Appeals

James E. McGee v. State of Indiana (mem. dec.)
45A03-1411-PC-397
Post conviction. Reverses denial of post-conviction relief and remands for a new trial on McGee’s convictions of two counts of Class A felony child molesting and one county of Class C felony child molesting. The panel found McGee was prejudiced by ineffective assistance of counsel.

Anthony Levell Gregory, II v. State of Indiana (mem. dec.)
29A02-1502-CR-114
Criminal. Affirms convictions of two counts of Class B felony burglary.

In the Matter of the Adoption of: A.E.G.; A.G. v. E.R.J., and K.M.J. (mem. dec.)
82A01-1411-AD-475
Adoption. Affirms trial court’s denial of father A.G.’s motion to continue a hearing in which the court determined his consent to the adoption of A.E.G. was unnecessary.

Walter L. Robertson v. State of Indiana (mem. dec.)
29A02-1412-CR-851
Criminal. Affirms conviction of Class D felony dealing in marijuana.

Manuel Guzman v. State of Indiana (mem. dec.)
79A02-1409-CR-667
Criminal. Affirms 15-year executed sentence for conviction of Class A felony dealing in methamphetamine.

Charles Bradley Nixon v. JNJ Foods, LLC d/b/a McDonald's (mem. dec.)
82A01-1411-CT-505
Civil tort. Majority Judges John Baker and Edward Najam reverse grant of summary judgment in favor of JNJ Foods, finding there are genuine issues of material fact as to whether a foreign object in a McDonald’s breakfast sandwich caused Nixon to crack a tooth. Remands for proceedings. Dissenting Judge Ezra Friedlander would affirm the trial court, holding there is no question of fact because Nixon lacked proof the sandwich contained a foreign object.

Marcus Stidhum v. State of Indiana (mem. dec.)
71A03-1412-CR-434
Criminal. Affirms two-year sentence for convictions of Level 6 felony possession of a narcotic and Class A misdemeanor resisting law enforcement.

In Re the Marriage of: David P. Allen v. Kimberly W. Allen (mem. dec.)
13A01-1411-DR-476
Domestic. Reverses order that father David P. Allen pay 100 percent of dental school tuition for daughter Hunter Allen and remands for a college expenses order appropriately apportioning costs between father, mother and Hunter.

In Re the Marriage of John Lane v. Leisa Lane (mem. dec.)
49A02-1405-DR-354
Domestic. Affirms in part and reverses in part the court’s dissolution of marriage order. Remands with instructions to enter an order complying with requirements for the distribution of assets under Indiana statutes and applicable case law.

Diane Lane, Darrell Lane v. Danny English (mem. dec.)
32A04-1501-DR-41
Domestic. Reverses trial court’s removal from its docket of a hearing on a motion to modify parenting time. Remands to the trial court to either set a hearing on the motion or clarify its previous order.

Kenneth Eugene Million v. Sheriff of Johnson County, Indiana; Indiana Department of Correction; Indiana State Police; and State of Indiana (mem. dec.)
41A05-1411-MI-530
Miscellaneous. Reverses trial court denial of his request to be released from the requirement that he register as a sex offender in Indiana.
 

Opinions July 24, 2015

Indiana Court of Appeals
Antyon Buford v. State of Indiana
20A05-1408-CR-392
Criminal. Reverses convictions of Class A felony dealing cocaine, Class B felony unlawful possession of a firearm by a serious violent felon, and Class D felony maintaining a common nuisance. A warrant on which the search of Buford’s residence was premised was not supported by probable cause. Remands for proceedings.

Hamilton County e-filing begins next week

Most new civil cases in Hamilton Circuit and Superior courts may be e-filed for the first time beginning July 29, and state courts will continue to announce online the schedules for other counties to switch to e-filing.