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Marion County justice complex could add civil courts, city official says
A consolidated criminal justice complex proposed for Marion County could also eventually house civil courts, a city official told judges Monday.
Justices let stand order that Purdue release report on gender bias claim
The Indiana Supreme Court has denied Purdue University’s request to appeal court orders that it release a report investigating a fired chancellor’s alleged gender discrimination and harassment complaint.
Supreme Court approves requirement for attorneys to report pro bono hours
Starting Jan. 1, 2015, Indiana attorneys will be required to report the number of hours they provide free legal assistance to indigent clients.
Opinions Sept. 8, 2014 ILD
Indiana Court of Appeals
Jessica Lewis v. State of Indiana (NFP)
49A04-1401-CR-15
Criminal. Affirms conviction of Class C felony possession of cocaine.
Raymond Shelley v. State of Indiana (NFP)
34A02-1312-CR-1063
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.
Gary Wilder v. State of Indiana (NFP)
27A02-1311-CR-978
Criminal. Affirms convictions of Class C felony criminal confinement and Class A misdemeanor counts of criminal recklessness and criminal mischief.
Thomas W. Badgley v. State of Indiana (NFP)
67A04-1403-CR-135
Criminal. Affirms 40-year sentence imposed after a guilty plea to Class A felony voluntary manslaughter.
Steven C. Peters v. State of Indiana (NFP)
49A02-1311-CR-982
Criminal. Affirms convictions of Class A misdemeanor counts of criminal trespass and resisting law enforcement and Class B misdemeanor disorderly conduct.
Opinions Sept. 8, 2014
Indiana Court of Appeals
Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, and Valley Watch, Inc. v. Duke Energy Indiana, Inc., Indiana Office of Utility Consumer Counselor
93A02-1305-EX-394
Agency action. Remands to the Indiana Utility Regulatory Commission its order approving Duke’s request to include power plant construction costs of the Edwardsport coal-gasification plant from Oct. 1, 2011, to March 31, 2012, in a rate adjustment rider. Remands for findings as to whether a delay was chargeable to Duke and, if so, what impact the delay had on Duke’s customers’ rates. Also remands for a clear statement of the policy and evidentiary considerations underlying IURC’s determination that 50 percent of the plant was deemed in-service.
Beer distributor Monarch stepping up booze push
In a campaign to enter the hard liquor business, Monarch Beverage Co. is pursuing a new tactic that takes aim at state regulators.
Denial of mortgage lender’s license is within state’s authority, COA rules
The Indiana Court of Appeals found the Indiana Department of Financial Institutions had the authority to deny a mortgage lender originator’s license to an applicant who has a criminal record.
IU Maurer creates partnership with Princeton University
Indiana University Maurer School of Law’s effort to find and recruit well-qualified undergraduates has hit a milestone, developing a partnership with an Ivy League institution.
Appeals court reverses summary judgment in freezing-fog fall
A medical worker who sued her employer after slipping and falling in a parking lot made slick by freezing fog may proceed with her lawsuit, a divided Court of Appeals panel ruled, reversing summary judgment in favor of a Richmond hospital.
Appeals court bounces IURC ruling favoring Duke on Edwardsport plant
The Indiana Utility Regulatory Commission failed to comply with laws and regulations when it approved an order allowing Duke Energy to pass along to ratepayers certain construction costs for the $3 billion Edwardsport coal gasification plant in Knox County.
Federal judges allows sex discrimination lawsuit against Catholic diocese to continue
A Fort Wayne school teacher’s allegation of sex discrimination against the Diocese of Fort Wayne – South Bend Inc. can proceed after a federal judge found a jury should decide the issue.
Opinions Sept. 5, 2014 ILD
Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.G., Minor Child, and Her Mother, S.V., S.V. v. Indiana Department of Child Services (NFP)
02A04-1403-JT-105
Juvenile. Affirms termination of parental rights.
Jordan W. Buskirk v. State of Indiana (NFP)
28A01-1404-CR-172
Criminal. Affirms 81-year executed sentence following a guilty plea to Class A felony charges of murder and conspiracy to commit murder and Class B felony conspiracy to commit rape.
Anthony W. McGriff v. State of Indiana (NFP)
90A02-1312-CR-1014
Criminal. Affirms eight-year sentence for conviction of Class B felony burglary.
Shaun Cox v. State of Indiana (NFP)
48A05-1312-CR-588
Criminal. Affirms 40-year sentence for convictions of five counts of Class A felony child molesting.
Jeffrey S. Burke v. State of Indiana (NFP)
52A02-1402-CR-64
Criminal. Affirms revocation of probation.
In the Matter of the Termination of the Parent-Child Relationship of: R.W. & K.W., Minor Children, and B.W., Father v. The Indiana Department of Child Services (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2014/september/09051405msm.pdf
79A02-1402-JT-120
Juvenile. Affirms termination of parental rights.
M.M. v. State of Indiana (NFP)
49A04-1312-JV-622
Juvenile. Affirms placement in a secure juvenile facility following violation of a court-ordered curfew and adjudication as delinquent for conduct that would be Class D felony theft if committed by an adult.
In re the Adoption of E.H. and M.H., S.H. and B.S. v. M.S. and S.S. and the Indiana Department of Child Services (NFP)
27A02-1401-AD-35
Adoption. Affirms denial of S.H. and B.S.’s motion to intervene in the adoption of minor children E.H. and M.H. by M.S. and S.S.
Cynthia S. Giema v. Chrysler Group, LLC, Bosak Motor Sales, Inc., Will Farrellbegg, Jerry P. Giema and Rosemary Giema, Cynthia R. Novotny, and Kathy Willman (NFP)
37A04-1402-PL-76
Civil plenary. Affirms grant of summary judgment in favor of Chrysler Group, LLC.
Theola Ann Heggler v. State of Indiana (NFP)
71A03-1312-CR-490
Criminal. Dismisses as untimely Heggler’s appeal of her conviction of Class D felony welfare fraud.
Opinions Sept. 5, 2014
7th Circuit Court of Appeals
Marilyn Rae Baskin v. Penny Bogan
14-2386
Midori Fujii v. Commissioner of the Indiana State Department of Health
14-2387
Pamela Lee v. Brian Abbott
14-2388
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard Young
Civil. Affirms District Court judgment invalidating and enjoining Indiana and Wisconsin prohibitions on same-sex marriage. The 7th Circuit consolidated the three same-sex marriage cases from Indiana into one opinion with the single case from Wisconsin, Wolf et al. v. Walker, et al., 14:2526. The court confined its ruling to the 14th Amendment’s Equal Protection Clause and did not address the plaintiffs’ due process arguments. Rejects Indiana’s responsible procreation argument, finding Indiana’s prohibition on same-sex marriage discriminates against gays and lesbians.
7th Circuit finds Indiana’s marriage law irrational and unconstitutional
Indiana’s assertion that preventing same-sex marriage encourages responsible procreation among heterosexuals was unequivocally rejected in a blistering opinion from the 7th Circuit Court of Appeals, which said the state’s argument could not be taken seriously.
7th Circuit rejects denial of disabled woman’s benefits
Finding repeated fault with the administrative law judge who denied a Chandler woman Social Security disability payments, the 7th Circuit Court of Appeals reversed and remanded the case to the Social Security Administration.
ICRC has jurisdiction in basketball race discrimination case
The Indiana Civil Rights Commission has jurisdiction in a racial discrimination claim brought by a former basketball player against Cardinal Ritter High School, but the ICRC dropped the ball in the case, the Court of Appeals ruled Friday.
Summary judgment affirmed in hysterectomy med-mal case
The Indiana Court of Appeals Friday affirmed summary judgment in favor of health care providers in a lawsuit brought by a woman claiming doctors did not obtain informed consent before performing a hysterectomy.
Appeals court reversal reunites mother and children
A Grant County trial court abused its discretion in ordering the appointment of guardians for two children, the Indiana Court of Appeals ruled Friday, reversing a guardianship order and instructing the trial court to reunite the children with their mother.
Bike rider loses ‘no duty to stop’ argument in resisting appeal
A bicycle rider convicted by a jury of resisting law enforcement lost his appeal Friday on his argument that he had no duty to stop after an Indianapolis police officer tripped his siren and followed him in his cruiser.