7th Circuit allows Indiana to enforce ban on out-of-state robo-calls
The 7th Circuit Court of Appeals has ruled that Indiana is allowed to enforce the statute that restricts out-of-state robo-calls while an appeal on the issue is ongoing.
Court opinions
Articles
Judge upholds Delaware County smoking ban
Delaware Circuit Judge Marianne Vorhees refused to strike down an ordinance passed this summer by the county commissioners that enhanced the county’s smoking ban by prohibiting smoking in bars and private clubs. In her ruling Wednesday, she said those who are unhappy with the ordinance should use the political process to try to change it.
Court upholds finding man committed crime of domestic violence
The Indiana Court of Appeals affirmed the finding that a defendant committed a crime of domestic violence, which then made it illegal for him to possess a firearm in the future. The judges determined there was enough evidence to support the finding that the defendant and the victim were in a dating relationship, a key element in the charge.
Justices suspend attorney for 18 months
Three Indiana justices decided that an attorney deserved an 18-month suspension for violating four rules of Professional Conduct, including charging an unreasonable fee. Justice Steven David didn’t participate in the case and Justice Robert Rucker believed the attorney only violated three of the rules and deserved a shorter suspension.
Marsh wins $19.5M judgment against Roche
A Hamilton Superior judge has awarded Marsh Supermarkets Inc. a total of $19.5 million in damages in a soured sublease deal with Swiss pharmaceutical- and medical-equipment-maker Roche.
Traffic judge’s 60-day suspension begins next week
Hammond City Court Judge Jeffrey A. Harkin will begin serving his 60-day unpaid suspension on Dec. 27 as a result of an agreement he reached with the Indiana Commission on Judicial Qualifications and approved by the state’s highest court.
Federal incarceration doesn’t count toward speedy trial clock
The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.
In issue of first impression, COA reverses union decision
Following denials from a union officer, three union panels and a trial court, three former union employees successfully convinced the Indiana Court of Appeals that they are entitled to payment for their accrued vacation time. But the COA opinion was not unanimous.
Judges uphold man’s convictions, enhanced sentence
The Indiana Court of Appeals affirmed the convictions of and sentence for a man on multiple drug charges, finding that the Lake Superior judge didn’t err by enhancing the man’s sentence because he is a habitual offender.
Federal Circuit hears judges’ pay case
A federal appellate court heard arguments Friday in a case that could ultimately decide if Congress has the authority to withhold judicial pay increases as it’s done in the past or whether cost-of-living adjustments are required.
COA affirms arbitration opinion on rehearing
Rehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees are not bound by an arbitration clause that was signed by predecessors.
Appeals court sides with estate of contractor killed on the job
The Indiana Court of Appeals ruled an employer was liable for the safety of a subcontractor who fell from a ladder and sustained a fatal injury.
In first impression ruling, COA reverses trial court on illegal search
The Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in a man’s pocket.
Justices rule man not disenfranchised under the Infamous Crimes Clause
The Indiana Supreme Court hesitantly answered Thursday a certified question from the federal court as to whether misdemeanor battery is an “infamous crime” under Article II, Section 8 of the Indiana Constitution.
7th Circuit affirms dismissal of plaintiffs
Before the 7th Circuit Court of Appeals could rule on the dismissal of multiple plaintiffs from a civil rights and breach of contract lawsuit, the appellate court had to determine if it had jurisdiction to rule on the plaintiffs’ appeal.
Woman loses appeal for overtime pay
A sewing manager who sued her former employer to obtain overtime pay for work she did before her shift started lost her appeal because the employer didn’t know that she was working prior to her shift, the 7th Circuit Court of Appeals ruled Wednesday.
Evidence properly admitted under independent source doctrine
The 7th Circuit Court of Appeals found no plain error in a District Court’s decision to admit evidence of a telephone number on a defendant’s cell phone in 2007 at the man’s trial several years later.
Judges reverse termination of parents’ rights
In a case filled with several errors and discrepancies, the Indiana Court of Appeals has reversed the termination of parental rights of a mother and two fathers because the Department of Child Services failed to meet the burden of proving that termination is in the best interest of the children.
Judge won’t allow auto-dialer statute enforcement during appeal
Balancing free speech rights with the public interest in preventing automated political calls from out-of-state entities, U.S. Judge William Lawrence in Indianapolis denied the state’s request to continue enforcing Indiana’s auto-dialer statute while a higher court is considering his ruling from two months ago that blocked enforcement.
Justices: emotional distress actions not barred
The Indiana Supreme Court held Tuesday that separate actions by parents seeking damages for emotional distress from experiencing the stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act.