Criminal Law and Sentencing committee meeting rescheduled
The Criminal Law and Sentencing Policy Interim Study Committee’s July 14 meeting has been rescheduled for 1 p.m. July 28 in Room 431 of the Indiana Statehouse.
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The Criminal Law and Sentencing Policy Interim Study Committee’s July 14 meeting has been rescheduled for 1 p.m. July 28 in Room 431 of the Indiana Statehouse.
CNN legal analyst and attorney Asuncion "Sunny" Hostin is the featured speaker tonight at the bi-annual Kuykendall Conn Dinner hosted by the Marion County Bar Association.
A Miami Circuit Court did not err in its interpretation of a statute involving garnishment of wages when ruling a company was correctly withholding only $12.17 from an employee, held the Indiana Court of Appeals Wednesday.
7th Circuit Court of Appeals
Jill Treat, et al. v. Tom Kelley Buick Pontiac GMC Inc, et al.
10-3166
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William Lee.
Civil. Affirms summary judgment for Tom Kelley Buick and Kelley Automotive Group in the Treats’ suit under the Wage Payment Statute to recover unpaid wages. The Treats erroneously brought their claim under the Payment Statute instead of the Wage Claims Statute.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Larry Lefler v. State of Indiana (NFP)
82A04-1007-CR-479
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting.
William Miller v. State of Indiana (NFP)
29A04-1010-CR-602
Criminal. Affirms conviction of Class A felony child molesting.
Matthew N. Williams v. State of Indiana (NFP)
65A01-1011-CR-591
Criminal. Affirms convictions of criminal recklessness as a Class C felony and Class D felony auto theft.
Term. of Parent-Child Rel. of J.P., et al.; D.P. v. IDCS (NFP)
82A04-1012-JT-807
Juvenile. Affirms involuntary termination of parental rights.
Dallas Washington v. State of Indiana (NFP)
49A02-1007-PC-801
Post conviction. Affirms denial of petition for habeas corpus.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Jill Treat, et al. v. Tom Kelley Buick Pontiac GMC Inc, et al.
10-3166
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William Lee.
Civil. Affirms summary judgment for Tom Kelley Buick and Kelley Automotive Group in the Treats’ suit under the Wage Payment Statute to recover unpaid wages. The Treats erroneously brought their claim under the Wage Payment Statute instead of the Wage Claims Statute.
The Indiana Court of Appeals has ordered a trial court to hold a hearing as to what testimony an expert could give and to revise one of its orders in limine in a medical malpractice suit stemming from an overdose of Benadryl more than 15 years ago.
Indiana Attorney General Greg Zoeller has filed a civil suit against Beverly S. Elliott, LaGrange County clerk, seeking more than $18,000 in misappropriated funds. Elliot is also facing criminal charges following an investigation by the State Board of Accounts and the Indiana State Police.
The case of a woman who contends she was wrongfully convicted of arson and murder because of faulty science will be heard by the Indiana Court of Appeals July 13.
The Indiana Supreme Court has announced this year’s Indiana Conference for Legal Education Opportunity Fellows, who are currently preparing for the start of the fall semester.
Valparaiso University School of Law was honored by the Valparaiso Chamber of Commerce at the 44th Annual Community Improvement Awards luncheon.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Tameka Maria Redding v. State of Indiana (NFP)
71A04-1102-CR-104
Criminal. Affirms conviction of Class D felony attempted theft.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Tameka Maria Redding v. State of Indiana (NFP)
71A04-1102-CR-104
Criminal. Affirms conviction of Class D felony attempted theft.
A federal judge in Indianapolis has temporarily blocked the state from cutting the fees it pays to pharmacists for dispensing Medicaid prescriptions.
The state’s highest court has granted transfer to three cases, including one in which they vacated the Indiana Court of Appeals decision and sent it back to the appellate court.
7th Circuit Court of Appeals
Bishop Harvey Jr., et al. v. Town of Merrillville, et al.
11-1041
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen. Affirms summary judgment for the defendants on the homeowners’ Section 1983 equal protection claim. Without a similarly situated comparator, the homeowners’ equal protection claim cannot hold water. The District Court also did not err in failing to address the homeowners’ belatedly asserted and undeveloped contention that the defendants violated their First Amendment rights by suppressing their speech. Modifies judgment to dismiss without prejudice instead of remanding the state law claims.
Indiana Court of Appeals
Isaiah Williams v. State of Indiana (NFP)
49A02-1010-PC-1235
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted three transfers and denied 27 for the week ending July 8, 2011.
7th Circuit Court of Appeals
Bishop Harvey Jr., et al. v. Town of Merrillville, et al.
11-1041
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen. Affirms summary judgment for the defendants on the homeowners’ Section 1983 equal protection claim. Without a similarly situated comparator, the homeowners’ equal protection claim cannot hold water. The District Court also did not err in failing to address the homeowners’ belatedly asserted and undeveloped contention that the defendants violated their First Amendment rights by suppressing their speech. Modifies judgment to dismiss without prejudice instead of remanding the state law claims.
The Indiana Supreme Court has upheld a man’s firearm conviction, finding the police officer who found a handgun in the man’s car during a traffic stop wasn’t searching the car when he saw the gun.
The Indiana Court of Appeals has ruled that a trial court erred when it accepted a man’s guilty plea to murder, because the defendant had at the same time claimed his innocence.
The Indiana Court of Appeals has clarified one of its earlier rulings about when nurses can participate in medical malpractice actions and what evidentiary rules allow in the review panel process if the chairperson reneges on an agreement that a particular individual wouldn’t participate.
7th Circuit Court of Appeals
John A. Logan v. Donna Wilkins, M.D., et. al.
10-1415
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms decision of district court that Logan is not entitled to amend his initial complaint, holding that he had already been given the opportunity to do so but had not amended.
The Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Kelly Barngrover v. State of Indiana (NFP)
49A02-1011-CR-1270
Criminal. Affirms conviction of Class D felony neglect of a dependent. Reverses conviction for Class A misdemeanor possession of paraphernalia, holding the state had not proved the paraphernalia would have been discovered during a lawful inventory search of Barngrover’s vehicle.
Jason L. Foltz v. State of Indiana (NFP)
57A03-1011-CR-614
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Ashley Storm v. Kyle Storm (NFP)
32A01-1010-DR-535
Divorce resolution. Affirms trial court’s decision to bar Ashley Storm’s boyfriend from contact with her children, citing his prior domestic battery charge. Remands to trial court for recalculation and distribution of marital estate, citing improper valuation of assets and remands for explanation of deviation from parenting time guidelines.
Doe Corporation v. Lolita C. Honore, et al.
49A05-1007-MI-408
Miscellaneous. Clarifies a previous opinion at the request of Honore.
Rollander Enterprises, Inc. and Indy Investments, LLC v. H.C. Nutting Company (NFP)
15A01-1008-CC-430
Collections. Affirms trial court’s judgment in favor of H.C. Nutting Company.
The Indiana Tax Court had posted no opinions at IL deadline.