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A Marion Superior judge has tossed a lawsuit against 78 county prosecutors being accused of breaking the law by not turning over seized assets from criminals to a school construction fund. In doing so, the judge expressed concern about the lack of reasoning and consistency demonstrated by prosecutors throughout the state.
At least for now, the Indiana Court of Appeals isn’t being asked to consider a Marion County judge’s decision that held a “deliberative process” privilege exists in Indiana.
Randy Steidl, who was nearly executed for a crime he didn't commit and went on to become the public face of the abolition of the death penalty in Illinois, will tell his story during visits to Indiana University campuses in Bloomington and Indianapolis.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Adoption of O.M.; J.M. v. Q.D. (NFP)
41A01-1008-AD-402
Adoption. Affirms trial court’s order granting stepfather’s petition to adopt child without father’s consent.
Indiana Tax Court had posted no opinions at IL deadline.
The 7th Circuit Court of Appeals has ruled that a reverse-discrimination case against Marion County should be able to proceed in federal court in Indianapolis because evidence shows the former county coroner’s decision to terminate a forensic pathology company’s contract may have been based on race.
7th Circuit Court of Appeals
Stephen Radentz, et al., v. Marion County, et al.
10-1523
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses ruling from District Court in favor of defendants in discrimination lawsuit. Plaintiffs were able to support claim that their termination from employment was race-based, and did not result in significant financial gain, as the defendants claimed.
Sean O’Brien, professor at the University of Notre Dame Law School, is in Tunis, Tunisia this week to participate in the training of North African human rights lawyers.
Edward Whelan, president of the Ethics and Public Policy Center in Washington, D.C., will lecture about “Lessons of the Sotomayor and Kagan Confirmation Processes: The Political Triumph of Judicial Conservatism,” from noon to 2 p.m. April 14. The lecture, hosted by the Indianapolis chapter of The Federalist Society for Law and Public Policy Studies, will be at the Conrad hotel, 50 W. Washington St., Indianapolis.
A federal judge in Indianapolis has upheld the death sentence of a condemned man who killed his wife and two young children in Evansville a decade ago.
The Indiana Court of Appeals has declined to extend to an insurance agent the duty of an insurer as declared by the state’s highest court. In doing so, the judges reversed the denial of a title insurance company’s motion for summary judgment.
The 7th Circuit Court of Appeals has found an Indiana federal court should not have allowed evidence of a defendant’s prior drug convictions under Federal Rule of Evidence 404(b). As a result of the violation, the judges reversed the man’s drug conviction and ordered a new trial.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Robert Arnold v. State of Indiana (NFP)
49A04-1008-CR-510
Criminal. Affirms convictions of two counts of Class A felony child molesting.
Michael L. Spencer v. State of Indiana (NFP)
35A04-1009-CR-601
Criminal. Affirms convictions of two counts of Class A felony dealing in a schedule I, II, or III controlled substance.
Edwin Blinn, Jr. v. Robert Hammerle and Hammerle & Cleary (NFP)
49A02-1006-CT-634
Civil tort. Affirms summary judgment in favor of Hammerle on Blinn’s claims of malpractice and unjust enrichment. Judge May dissents.
Athena Jackson v. State of Indiana (NFP)
49A02-1006-CR-767
Criminal. Affirms conviction of Class D felony theft.
Term. of Parent-Child Rel. of B.F., et al.; E.C.F. v. I.D.C.S. (NFP)
71A03-1008-JT-608
Juvenile. Affirms termination of parental rights.
Elkhart General Hospital v. Doris Williams (NFP)
20A05-1007-CT-467
Civil tort. Affirms order denying Elkhart General Hospital’s motion to correct error after a jury trial resulted in a verdict in favor of Williams, individually and as the administratrix of the estate of Ben Williams Sr.
Larry E. Webb Construction, et al. v. Theresa Burns (NFP)
45A04-1011-PL-685
Civil plenary. Reverses summary judgment in favor of Burns’ claim under the Indiana Wage Payment Act and awarding her nearly $7,000 in damages. Remands with instructions to enter an order granting summary judgment in favor of Eclipse and proceed to trial regarding the claims against Webb Construction and, following trial, recalculate the amount of attorney fees, if any, to which Burns is entitled.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted one transfer and denied 16 for the week ending April 1.
7th Circuit Court of Appeals
United States of America v. Billy L. Hicks
09-3608
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Criminal. Vacates conviction of knowingly distributing more than 50 grams of crack cocaine. The District Court improperly allowed evidence of Hicks' prior drug convictions in violation of Federal Rule of Evidence 404(b). Remands for a new trial.
A Lake Superior judge may not be breaking any new legal ground with an election-related ruling this week, but he’s set the stage for an appeal that could clear up confusion about whether nonpartisan school board members must give up their right to run for a public office that requires the candidate to declare their political party affiliation.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Hochstetler Living Trust v. Friends of Pumpkinville Nature Trail
20A03-1009-PL-490
Civil plenary. Affirms trial court’s partial summary judgment in favor of Friends of Pumpkinville Nature Trail, which quieted title to a disputed tract in favor of the nature trail. Because the Plank Deed from 1899 conveyed a fee simple interest to the railroad company, the Penn Central quitclaim deed conveyed that fee simple interest to the nature trail. As this conveyance preceded the settlement agreement in the Firestone class action, it is excluded from the order entered in that case and the nature trail is not precluded from bringing the current quiet title action.
Cyril Huerter v. Estate of James Sedric (NFP)
45A03-1004-MF-229
Mortgage foreclosure. Affirms trial court’s ruling in favor of the estate of James Sedric in Huerter’s complaint to quiet title.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Hochstetler Living Trust v. Friends of Pumpkinville Nature Trail
20A03-1009-PL-490
Civil plenary. Affirms trial court’s partial summary judgment in favor of Friends of Pumpkinville Nature Trail, which quieted title to a disputed tract in favor of the nature trail. Because the Plank Deed from 1899 conveyed a fee simple interest to the railroad company, the Penn Central quitclaim deed conveyed that fee simple interest to the nature trail.
The U.S. Bankruptcy Court for the Northern District of Indiana is seeking public comment on several proposed changes to local rules, and the addition of a new local rule.
The Indiana Court of Appeals will be in Evansville April 4 to hear an appeal regarding methamphetamine convictions.
A day after the nation’s highest court heard arguments on the largest female gender-discrimination case in history, the 7th Circuit Court of Appeals has delved into that same territory and upheld a federal judge’s decision denying class certification in a sex discrimination suit in which a group of female Rolls-Royce employees accused the manufacturer of paying women less than men for the same or similar work.
The 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.