Grandparents lose second challenge of parental custody
Grandparents who largely were the sole caregivers of a child until about age 3 lost a second custody challenge and bid to regain visitation with the child.
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Whistleblower’s claim ‘sufficiently specific’ to continue with lawsuit
A woman who claims she was fired after she blew the whistle about alleged accounting violations by her boss can move forward with her lawsuit against her former employer.
New trial ordered after expert testimony improperly excluded
A couple who brought a products liability claim against a ladder manufacturer and the store that sold the ladder are entitled to a new trial after the 7th Circuit Court of Appeals found the magistrate judge should not have struck their expert witness’s testimony. The couple lost their case as a result of the judge’s decision.
New trial ordered after expert testimony improperly excluded
A couple who brought a products liability claim against a ladder manufacturer and the store that sold the ladder are entitled to a new trial after the 7th Circuit Court of Appeals found the magistrate judge should not have struck their expert witness’s testimony. The couple lost their case as a result of the judge’s decision.
COA affirms East Chicago judge’s request for more money
An East Chicago City Court judge carried her burden to establish that the $65,000 in requested funds were reasonably necessary, the Court of Appeals held Thursday in affirming the grant of her mandate request. The appellate judges also decided the city court is entitled to appellate fees and expenses.
Public intoxication statute constitutional, but ‘annoying’ man’s conviction vacated
The Indiana Supreme Court vacated a man’s public intoxication conviction after finding his agitation does not rise to the level that would annoy a reasonable person. But the justices did find that the statute is not unconstitutionally vague.
Conour victim settles suit naming Doehrman
Victims of convicted fraudster and former attorney William Conour have settled a lawsuit that named a one-time Conour associate as a defendant.
Judge rejects NCAA concussions deal
A federal judge in Chicago rejected a proposed $75 million class-action head injury settlement with the National Collegiate Athletic Association on Wednesday, portraying the deal as too unwieldy and potentially underfunded and urging both sides to go back to the drawing board.
Supreme Court dismisses appeal in right-to-work case
The Indiana Supreme Court dismissed a Lake County lawsuit challenging the state’s right-to-work law after the state and plaintiffs filed a motion to dismiss.
Opinions Dec. 17, 2014 ILD
Indiana Court of Appeals
Carrie Douglas v. State of Indiana (NFP)
49A02-1310-CR-911
Criminal. Affirms dismissal of Douglas’ petition for writ of habeas corpus.
Utah Dockery, Jr. v. State of Indiana (NFP)
18A02-1407-CR-494
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.
James David Finney v. State of Indiana (NFP)
53A01-1311-CR-495
Criminal. Affirms convictions of felony murder and two counts of Class C felony carrying a handgun without a license as well as the 73-year sentence.
Michael Whittaker v. State of Indiana (NFP)
84A01-1407-CR-310
Criminal. Affirms revocation of probation.
Robert Warner v. State of Indiana (NFP)
29A05-1402-PC-52
Post conviction. Affirms denial of petition for post-conviction relief.
Steven R. Santana v. State of Indiana (NFP)
45A03-1406-PC-186
Post conviction. Affirms denial of petition for post-conviction relief.
James Roof v. David Asher (NFP)
49A02-1402-CT-106
Civil tort. Affirms jury verdict awarding $240,000 to Asher.
Deborah Birge v. State of Indiana (NFP)
48A05-1405-CR-230
Criminal. Affirms revocation of probation and order Birge serve one year of her previously suspended sentence in the Department of Correction.
In the Matter of: J.M., A Child in Need of Services, T.M. v. Indiana Department of Child Services, and Child Advocates, Inc. (NFP)
49A02-1402-JC-94
Juvenile. Affirms finding J.M is a child in need of services.
Opinions Dec. 17, 2014
Indiana Supreme Court
Shawn Blount v. State of Indiana
49S02-1405-CR-338
Criminal. Affirms conviction of being a serious violent felon in possession of a firearm. A detective’s testimony that a witness identified Blount as the suspect was inadmissible hearsay, but it was a harmless error. There was no variance between the charging information and the evidence presented at trial.
Justices find detective’s inadmissible hearsay is harmless error
The Indiana Supreme Court reinstated a man’s conviction of being a serious violent felon in possession of a firearm after finding that a detective’s inadmissible hearsay amounts to a harmless error.
Malicious prosecution suit against Kentucky man and his lawyer may proceed
The former employers of a man who sued them for discrimination and later dismissed his claims may proceed with their lawsuit alleging malicious prosecution and other claims against that man and his attorney, the Court of Appeals ruled Wednesday.
COA orders trial court to rule on motion to set aside tax deed
Because a man’s appeal of the issuance of a tax deed was improperly before the Indiana Court of Appeals, the court dismissed the appeal without prejudice and told the trial court to rule on his motion to set aside.
Man’s 76-year sentence for kidnapping driver affirmed
The Indiana Court of Appeals rejected all of a man’s arguments on appeal as to why his convictions and sentence should be overturned for his kidnapping and robbery of a delivery driver.
Despite jury instruction error, man’s battery conviction upheld
Although the trial court erred in giving one jury instruction on self defense that only applies when deadly force is involved, the Indiana Court of Appeals affirmed an inmate’s Class A misdemeanor battery conviction because he otherwise couldn’t prove his self-defense claim.
Online database shows convictions bring consequences beyond incarceration
The American Bar Association has completed work on a national database that identifies the legal restrictions and prohibitions that individuals convicted of a crime face in addition to the sentence imposed by the court.
COA upholds most of man’s spice convictions
The Indiana Court of Appeals Wednesday affirmed all but one of a man’s drug convictions related to his selling of the drug commonly referred to as “spice” in his smoke shop. The judges also chastised the deputy attorney general who handled the case for again submitting a “foul” smelling record.
General counsel are business enablers in the corporate environment
The days of in-house legal departments working in the shadow of the executive suite are history, or should be. That’s the perception of general counsel in Indiana, who want a seat at the table in setting strategy for their companies and organizations. A recent Indiana general counsel survey reveals more.
Indiana senator plans medical marijuana proposal
A state senator says she plans to push for the legalization of medicinal marijuana in Indiana.