7th Circuit revives Anderson transit worker’s ADA claim
A mechanic’s helper with the City of Anderson Transit System won the right to pursue his claims that his firing violated his rights under the Americans with Disabilities Act.
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Supreme Court won’t revive North Carolina abortion law
The Supreme Court of the United States on Monday rejected an appeal from North Carolina to revive a requirement that abortion providers show and describe an ultrasound to a pregnant woman before she has an abortion.
Ruling on robocalls expected this week
After an extended wait, the FCC plans to issue a ruling this week that may put an end to robocalls, scam text messages and telemarketing calls to home phones. Unwanted calls and telephone harassment continue to be the most common complaint received by the Indiana Attorney General’s Office, reaching more than 13,000 filed complaints last year.
SCOTUS: Immigration deadlines can be extended
The Supreme Court of the United States ruled Monday that federal appeals courts have authority to decide whether people facing deportation should be able to extend the deadlines in immigration proceedings.
Court rules spouse can’t protest husband’s visa denial
A California woman can’t challenge the government’s decision to deny a visa to her spouse from Afghanistan, the Supreme Court of the United States ruled Monday.
Former nursing home employee faces forgery, fraud charges
A former employee at a southeastern Indiana nursing home faces charges alleging that she bilked the home's elderly residents out of nearly $10,000 in Medicare funds.
Indiana woman sues township over urine sample rule
A southwestern Indiana woman is suing a township trustee's office, alleging that she was denied government assistance because her disabilities prevented her from providing a required urine sample for a drug screening test.
Bisard exhausts appeals as justices deny transfer
The Indiana Supreme Court won’t hear an appeal from former Indianapolis Metropolitan Police Department Officer David Bisard, who was convicted of killing one motorcyclist and seriously injuring two others while driving drunk in his police cruiser.
Opinions June 10, 2015 ILD
Rasha El Adawy v. Mary Sanders (mem. dec.)
49A05-1409-PO-445
Protective order. Affirms issuance of protective order against Rasha El Adawy.
Opinions June 12, 2015
Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.
In the Matter of the Adoption of Minor Children: I.B. and W.B.: B.B. v. B.C. and J.L., and Indiana Department of Child Services
82S05-1502-AD-63
Adoption. Reverses trial court adoption petition in favor of maternal grandmother B.C. that had been affirmed by the Court of Appeals. Justices overturned a COA ruling that I.C. § 31-19-11-1(c)(15), which disqualifies certain felons from adoption, is unconstitutional. The law is constitutional because its prohibitions are rationally related to the classifications they draw, the court ruled. The case is remanded to the trial court to reconsider the petition in view of the absolute statutory bar to B.C. adopting.
Jury foreman sent to jail for 30 days for using cellphone
The foreman of a North Carolina jury is spending 30 days in jail because he used his cellphone in the jury room.
Appeals court sets aside conviction of bin Laden assistant
A federal appeals court on Friday set aside the military commission conviction of a Guantanamo Bay detainee who allegedly produced an al-Qaida recruiting video and served as Osama bin Laden’s personal assistant and public relations secretary.
Reversal: IDACS error no basis to suppress meth evidence
Southern Indiana authorities who arrested a man for buying pseudoephedrine had probable cause even though the suspect had not been convicted of a prior methamphetamine charge, as a state database reported.
Kroger Gardis Regas name founder dies at 96
William J. Regas, a founding name partner at one of Indianapolis’ oldest law firms, has died. He was 96.
Back pain, fear for son no basis for unemployment benefits
An employee who voluntarily left employment was not wrongly denied unemployment benefits by the Indiana Department of Workforce Development, the Indiana Court of Appeals ruled Friday.
Justices strip adoption, reinstate statute COA struck down
An adoptive maternal grandmother who the Court of Appeals ruled provided care in her grandchildren’s best interests despite a 1997 neglect conviction is legally barred from adopting them, the Indiana Supreme Court ruled. Justices also rebuked a COA determination that the statute was unconstitutional as applied.
Opinions June 11, 2015 ILD
Indiana Court of Appeals
Ian James Dutton v. State of Indiana (mem. dec.)
42A01-1407-CR-325
Criminal. Affirms convictions of Class B felony dealing in a schedule II controlled substance and Class D felony maintaining a common nuisance.
Indiana Office of Utility Consumer Counselor v. Southern Indiana Gas and Electric Company, d/b/a Vectren Energy Delivery of Indiana, Inc. (mem. dec.)
93A02-1409-EX-668
Agency action. Affirms determination by the Indiana Utility Regulatory Commission that Vectren is not obliged to reduce its rate recovery for certain infrastructure improvements based on the value of assets it retires from service.
Eric L. Davis, Sr. v. State of Indiana (mem. dec.)
71A03-1410-PC-374
Post conviction. Affirms denial of petition for post-conviction relief.
Keith Brown v. State of Indiana (mem. dec.)
49A02-1411-CR-774
Criminal. Affirms conviction and sentence for felony murder.
Michael Nance v. Ron Neal (mem. dec.)
46A04-1409-MI-460
Miscellaneous. Affirms denial of petition for writ of habeas corpus.
Gary Wilson v. State of Indiana (mem. dec.)
79A02-1410-PC-694
Post conviction. Affirms denial of petition for post-conviction relief.
Jody Meredith v. State of Indiana (mem. dec.)
48A05-1411-CR-544
Criminal. Affirms restitution order after conviction of Class D felony theft.
Opinions June 11, 2015
Indiana Court of Appeals
Michael R. Bixeman and Doreen Bixeman v. Hunter's Run Homeowners Association of St. John, Inc.
45A03-1411-PL-406
Civil plenary. Affirms trial court ruling that the sanction imposed by Hunter’s Run on the Bixemans’ was invalid because the homeowners association did not give the couple the required 10 days notice as outlined in the homeowners’ covenants. Reverses denial of the Bixemans’ claim of slander of title because Hunter’s Run knew the lien placed on their home was invalid but refused to release it. Remands for determination whether the couple was damaged by the slander of title, and if so, to what extent, as well as to enter findings on attorney fees.
Judges split over whether to reinstate jury verdict
The Indiana Court of Appeals ordered a jury verdict, tossed out by the trial court in a negligence case stemming from a car accident, reinstated because the judge did not follow Trial Rule 59(J). The dissenting judge believed the trial court should have the opportunity to supplement its order first.
COA finds homeowners association committed slander of title
The Indiana Court of Appeals ruled in favor of an Iowa couple, finding the homeowners association where the couple lived and subsequently rented out their home committed slander of title. The homeowners association recorded a lien against their home after finding the couple did not comply with the covenant’s requirements when leasing their home.