Ex-prosecutor to check Ball State investment fraud
A former federal prosecutor is being hired by Ball State University to review the handling of fraudulent investments that cost the school $13.1 million.
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County treasurer’s attorneys want charges dropped
Attorneys for a central Indiana county treasurer want charges that he mishandled public money dismissed, arguing that other officials who've done the same thing haven't been prosecuted.
COA tosses injunction issued after alleged workplace threat
An injunction against an employee who allegedly told a company therapist that he was going to blow his supervisor’s head off is void because it arose from a labor dispute, the Indiana Court of Appeals ruled Friday.
COA affirms termination of parental rights for imprisoned mom
A trial court was within its authority to terminate the parental rights of a mother serving a minimum 10-year federal prison sentence for conspiracy to deal heroin, the Indiana Court of Appeals ruled.
7th Circuit reinstates CSX worker’s sex discrimination claims
The 7th Circuit Court of Appeals Thursday reinstated sex discrimination and retaliation claims from a woman who alleges she was denied opportunities to advance as a railroad yardmaster with CSX Transportation Inc.
Supreme Court vacates parental termination for jailed mom
A juvenile court abused it discretion by proceeding with a hearing and terminating a mother’s parental rights in her absence because she was in jail, the Indiana Supreme Court ruled Thursday. Her attorney’s failure to ensure she was heard from also denied her a fair hearing, justices ruled.
Opinions July 10, 2014 ILD
Indiana Court of Appeals
Gregory Benson v. State of Indiana (NFP)
71A03-1311-CR-469
Criminal. Affirms conviction and sentence for Class B felony robbery.
William C. Hoffman, Jr. v. State of Indiana (NFP)
15A01-1309-CR-401
Criminal. Affirms conviction of Class B felony attempted aggravated battery and aggregate 30-year sentence.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions July 10, 2014
7th Circuit Court of Appeals
Adam Hartman v. EBSCO Industries Inc., et al
13-3398
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment in favor of defendants on Hartman’s lawsuit alleging negligence and strict liability after he was injured accidently by a gun. Indiana has a 10-year statute of repose for products-liability actions and his gun was then 14 years old. There are two exceptions to the statute, but he cannot satisfy either one.
7th Circuit orders agency to reconsider denial of benefits
Finding the “logical bridge” between evidence and conclusion that is needed to affirm a denial of disability benefits was not “sound” in a case before them, the 7th Circuit Court of Appeals reversed a lower court’s affirmation of the denial of a woman’s Social Security disability benefits.
Too much time has passed for man to sue after rifle accident, 7th Circuit says
A lawsuit against a rifle manufacturer by an injured user was filed outside Indiana’s 10-year statute of repose for products-liability actions, the 7th Circuit Court of Appeals ruled Thursday. The man’s modification to his rifle did not extend the time he had to sue.
Ethics panel approves $5,000 fine against Bennett
Indiana's State Ethics Commission has approved a $5,000 fine against former state schools Superintendent Tony Bennett for using state resources in his 2012 campaign.
Dickson says consensus among justices on next chief unlikely
Before Brent Dickson was selected chief justice of the Indiana Supreme Court more than two years ago, his fellow justices came one by one before the Judicial Nominating Commission and said he was the man for the job.
Utah to appeal gay marriage ruling to high court
Utah has decided to go straight to the U.S. Supreme Court to argue against gay marriage, meaning the nation's highest court will have at least one same-sex marriage case on its plate when it returns in October.
Education board measures would curb Ritz’s powers
Schools Superintendent Glenda Ritz said Wednesday she would have her lawyers review a pair of measures from the State Board of Education that would curb some of her powers as board chair.
Opinions July 9, 2014 ILD
Indiana Court of Appeals
Marion County Health Department v. Edward Hill (NFP)
93A02-1402-EX-69
Agency action. Affirms the decision by the full Worker’s Compensation Board to award Hill employee compensation and benefits related to his unauthorized medical care.
Jerry D. White v. State of Indiana (NFP)
20A03-1306-PC-238
Post conviction. On rehearing, discusses ineffective assistance of counsel claim and affirms previous decision in all respects.
Louis Timothy Whyde v. Black Diamond Construction, LLC (NFP)
02A04-1402-CT-64
Civil tort. Affirms summary judgment in favor of Black Diamond Construction on Whyde’s lawsuit alleging negligence.
Keith R. Chaney v. Laura C. Chaney (NFP)
84A04-1312-DR-648
Domestic relation. Reverses denial of Keith Chaney’s motion for relief from judgment.
Richard Burrington v. State of Indiana (NFP)
20A05-1401-CR-40
Criminal. Dismisses the pro se appeal of the revocation of probation.
Derrek T. Berryhill v. State of Indiana (NFP)
32A04-1310-CR-527
Criminal. Affirms convictions and sentence for Class A misdemeanor possession of marijuana and Class B felony aiding, inducing or causing the commission of a robbery.
Victor Glenn v. State of Indiana (NFP)
49A02-1309-PC-774
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Opinions June 9, 2014
Indiana Supreme Court
Veolia Water Indianapolis, LLC, City of Indianapolis, Department of Waterworks, and City of Indianapolis v. National Trust Insurance Company and FCCI Insurance Company a/s/o Ultra Steak, Inc., et al.
49S04-1301-PL-8
Civil plenary. Grants petition for rehearing on the issue of whether the insurers are third-party beneficiaries to the management agreement between Veolia and the city of Indianapolis. As to all issues not expressly addressed in the principal opinion, the Court of Appeals is summarily affirmed.
Supreme Court affirms COA on issue in public-private contract
In a mere three sentences, the Indiana Supreme Court summarily affirmed the Indiana Court of Appeals opinion in the lawsuit involving Veolia Water and the city of Indianapolis and liability for damages resulting from a fire that destroyed a restaurant.
Ex-business partner might not get damages for unreturned pizza oven
Because a county clerk did not apparently send out notice of a court order requiring a man to return a pizza oven to his partner in a bar, the Indiana Court of Appeals reversed the denial by the lower court of the man’s motion challenging a damages award stemming from his failure to return the oven.
Judges uphold 40-year sentence in drug deal turned robbery
The Indiana Court of Appeals affirmed a man’s 40-year sentence for his role in the robbery of two people after he set up a drug deal with one of the victims.
Court rules in favor of police department on inmate’s request for records
The inmate who filed a public records request with the Indianapolis Police Department nearly nine years ago lost his case on appeal before the Indiana Court of Appeals Wednesday.