Opinions Jan. 11, 2016
Indiana Court of Appeals
John W. Kimbrough, III v. State of Indiana (mem. dec.)
45A05-1506-PC-687
Post-conviction. Affirms denial of Kimbrough’s petition for post-conviction relief.
neglect
Articles
Red-hot M&A target comes with a little legal problem in the US
For months now, Swiss seed maker Syngenta AG has been publicly courted by the likes of Monsanto Co. and China National Chemical Corp., part of a historic consolidation wave sweeping the agri-chemicals business. But lurking behind any deal are lawsuits against Syngenta in which U.S. farmers and grain handlers are claiming losses of up to $6 billion.
Dickson retirement date set for April 29
Justice Brent Dickson will retire from the Indiana Supreme Court April 29, he said Monday in a letter to Gov. Mike Pence.
High court seems skeptical of mandatory public union fees
The Supreme Court of the United States on Monday appeared ready to deal a major blow to the power and clout of organized labor as it considers the free speech rights of government workers who say they shouldn't be forced to pay fees to public-sector unions.
Eastern Indiana man gets 69 years for fatally shooting buddy
A judge sentenced Bert McQueen III, 44, of Union County on Friday to 69 years in prison under a plea agreement in which he was convicted of murder and being a habitual offender in the September 2014 slaying of Brandon Wicker of Brownsville.
Evans settles federal lawsuit related to AIT labs sale
A federal lawsuit that accused AIT Laboratories founder Michael Evans of breaching his fiduciary duties by selling the Indianapolis-based company to employees at an inflated price has been settled, the company announced Friday afternoon.
Elkhart-area man gets life without parole in teen’s slaying
A man convicted of murder for stabbing a 17-year-old girl and mutilating her body has been sentenced to life in prison without parole.
Ringleader in $90M fuel scam sentenced to 20 years
The ringleader of a $90 million biodiesel scam operated in central Indiana was sentenced Thursday to serve 20 years in prison and to pay more than $56 million in restitution for his role in the fraud.
Via poem, judge dismisses inmate’s suit over bathroom access
A Columbus, Ohio, judge used a five-stanza poem to dismiss a prisoner’s lawsuit over bathroom access, writing that “neither runs nor constipation can justify this litigation.”
Opinions Jan. 8, 2016
Indiana Court of Appeals
In the Matter of Ordinance #2013-09, as amended, the South and West Area Annexation Ordinance, et al. v. The City of Logansport, Indiana, acting by and through Ted Franklin, et al. (mem. dec.)
09A05-1504-PL-170
Civil plenary. Affirms order that annexation take place. Disagrees with remonstrators’ arguments that: the judgment is clearly erroneous because the ordinance does not adequately describe the annexation territory’s boundaries; the city of Logansport did not present sufficient evidence regarding the requisite contiguity of its boundaries with those of the annexation territory; the city did not present sufficient evidence that the annexation territory is needed and can be used for its development in the reasonably near future; the city’s fiscal plan is inadequate; and the remonstrators established that the annexation will have a significant financial impact on residents or landowners.
GM ignition nightmare won’t go away, for victims or company
The car maker, which faces at least 16 trials on death and injury claims in state and federal courts in the U.S. in 2016, has said in regulatory filings that it couldn’t estimate its potential liability.
Suit over courthouse ban of service dog proceeds
A man’s lawsuit alleging Tippecanoe County officials violated the Americans With Disabilities Act and the Rehabilitation Act by refusing to permit him to enter the courthouse with his service dog will proceed, a federal judge ruled.
Study: Future lawyers are hiding depression and drug and alcohol use
Law students with addiction and mental health issues may be afraid to report the problems because they think that doing so would jeopardize their chances of being admitted to the bar or getting a good job after graduating, according to new study, which was conducted by a law professor, a dean of law students, and the programming director of a nonprofit focused on lawyers' mental health.
Terror-related arrests in 2 states refuel refugee debate
Two Iraqi-born men who came to the United States as refugees have been arrested on terrorism-related charges by federal authorities who allege one traveled to Syria to fight with terrorists in the civil war and the other provided support to the Islamic State group.
Obama vetoes bill to repeal signature health care law
President Barack Obama has vetoed legislation to repeal his signature health care law.
Elkhart-area man gets life without parole in teen’s slaying
A man convicted of murder for stabbing a 17-year-old girl and mutilating her body has been sentenced to life in prison without parole.
High court dispute over union fees could curb labor’s clout
The nation's public employee unions are bracing for a drop in membership and bargaining power if the Supreme Court rules against organized labor in a dispute over union fees.
Anderson man to use self-defense in killing, kidnapping trial
A central Indiana man accused of killing another man and forcing his estranged wife and three children to flee with him to Minnesota plans to argue self-defense in his upcoming trial.
3 originally sentenced for murder face burglary sentences
Three northern Indiana men sentenced to 50 or more years in prison before the Indiana Supreme Court overturned their murder convictions could be out of prison before the end of the year after being sentenced on felony burglary charges.
Senate bill would protect sexual orientation, punt on gender identity
A Republican state senator’s answer to the debate over gay rights and religious freedom would protect gay, lesbian and bisexual Hoosiers from employment, housing and public accommodations discrimination but would exclude transgender people and punt the debate on their issues until next year.