Justices: Commissioners may void county fire districts
The Indiana Supreme Court held Tuesday in long-running litigation out of Brown County that county commissioners in Indiana have the authority to dissolve county fire districts.
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Summary judgment denied in business owners’ tax appeal
Reminding the parties that the summary judgment procedure is not a substitute for trial, the Indiana Tax Court has denied an attempt by the Indiana Department of State Revenue to end a long-running tax dispute.
Feds: Fogle colleague pleads to exploiting 12 children
The former director of ex-Subway pitchman Jared Fogle’s anti-childhood obesity foundation sexually exploited 12 minor children in Indiana, federal authorities said Tuesday in releasing an information against Russell Taylor. Some of the children depicted in videos Taylor shared with Fogle were as young as 6, authorities said, ranging to age 14.
Opinions Sept. 1, 2015
7th Circuit Court of Appeals
Neal D. Secrease Jr. v. The Western & Southern Life Insurance Co., et al.
15-1328.
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Jane Magnus-Stinson
Civil. Affirms District Court dismissal with prejudice of Secrease’s sex and age discrimination and retaliation complaints. While the sanction of dismissal with prejudice is severe, it is justified in this case where Secrease attempted to perpetrate a fraud on the court by submitting a purported employment contract that contained an arbitration agreement that was not a provision in the contract he signed.
7th Circuit affirms dismissal due to attempted fraud on court
A federal judge in Indianapolis rightly dismissed with prejudice a man’s age and sex discrimination complaints against his former employer because he attempted to perpetrate a fraud on the court, the 7th Circuit Court of Appeals ruled Tuesday.
Justices take case challenging domestic battery conviction
A man’s convictions of Level 6 domestic battery and battery for his violent acts during a family reunion at a bowling alley will get a second look from the Indiana Supreme Court.
Federal judge orders defiant Kentucky clerk, staff to court
A county clerk in Kentucky who has invoked “God's authority” and is defying the Supreme Court of the United States by refusing to license same-sex marriage has been summoned along with her entire staff to explain to a federal judge why she should not face stiff fines or jail time.
AG: Foreclosure fraud victims share $67K in relief
Indiana Attorney General Greg Zoeller announced 29 victims of foreclosure-rescue fraud have started receiving payments from the state’s Consumer Protection Assistance Fund.
Indy, Evansville Red Mass events set for Oct. 5
The St. Thomas More Society of the Archdiocese of Indianapolis has announced that the 56th Annual Red Mass will be held Oct. 5 at 5:30 p.m. at St. John the Evangelist Catholic Church in downtown Indianapolis.
Attorney: Former Jared Foundation chief to plead guilty
An attorney said the former director of a foundation created by ex-Subway spokesman Jared Fogle will plead guilty to child pornography charges.
Opinions Aug. 31, 2015 ILD
Indiana Court of Appeals
Jeremy Virant v. State of Indiana (mem. dec.)
89A05-1502-CR-85
Criminal. Affirms 42-year sentence for Class A felony burglary, enhanced by 30 years for being a habitual offender.
Kevin Hiten v. State of Indiana (mem. dec.)
03A01-1503-CR-126
Criminal. Affirms aggregate eight-year sentence for pleading guilty to Class D felony possession of methamphetamine, Class D felony possession of a single precursor and to being a habitual substance offender.
Shamar D. Shelton v. State of Indiana (mem. dec.)
02A04-1502-CR-56
Criminal. Affirms 15-year sentence for conviction of Class B felony unlawful possession of a firearm by a serious violent felon.
Charles Robinson v. State of Indiana (mem. dec.)
36A04-1504-CR-141
Criminal. Reverses trial court’s calculation of Robinson’s pre-sentencing time and credit. Finds trial court made incorrect calculations in the March 4, 2015, sentencing order and failed to include the previously accrued credit from the Feb. 7, 2014, sentencing order. Remands with instructions for re-calculation.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of, L.P. (Minor Child), and, B.A. (Mother) v. The Indiana Department of Child Services (mem. dec.)
49A05-1501-JT-24
Juvenile. Affirms termination of parental rights of B.A. (mother) to her child, L.P.
Karl A. Wikstrom, Jr. v. State of Indiana (mem. dec.)
52A02-1502-CR-65
Criminal. Affirms aggregate 124-year sentence following conviction of four counts of Class A felony child molestation; one count of Class C felony child molesting; and one count of Class D felony child solicitation.
Samuel Bellamy v. State of Indiana (mem. dec.)
49A05-1412-CR-562
Criminal. Affirms convictions of strangulation and domestic battery, both as Class D felonies.
Steven A. Curry, Jr. v. State of Indiana (mem. dec.)
22A01-1503-CR-87
Criminal. Affirms aggregate 10-year executed sentence for pleading guilty to Class B felony dealing in a narcotic drug and to being a habitual substance offender. Finds trial court entered a separate sentence on Curry’s habitual substance offender status instead of enhancing his sentence for the dealing conviction. Remands with instructions to correct the order to show the four-year habitual substance offender enhancement is part of Curry’s felony sentence.
Opinions Aug. 31, 2015
7th Circuit Court of Appeals
Michael A. Kelley v. Greg Zoeller, Indiana Attorney General
14-2961
Appeal from the U.S. Court for the Northern District of Indiana, Hammond Division
Judge Theresa L. Springmann
Affirms the District Court’s dismissal for lack of jurisdiction of Kelley’s suit alleging that under a plea deal struck in a robbery case in 1975, his conviction should have been expunged. No expungement statute existed then, and Indiana courts have determined that Kelley waited too long to challenge the 1975 robbery conviction.
Admitting evidence of ‘signature’ crime was harmless error
The Indiana Court of Appeals on Monday affirmed the conviction of a man who broke into a woman’s home, severely beat her and attempted to rape her. Evidence that the man looked into the window of another woman in the neighborhood 57 days later should not have been admitted at his trial, but the error was harmless in light of DNA evidence connecting the man to the crime.
COA affirms on rehearing ruling against revenue department
The Indiana Court of Appeals affirmed on rehearing Monday its opinion reversing summary judgment in favor of the Department of Revenue in a dispute over whether an award from a state agency in Marion County could be levied against a judgment in Marshall County.
Lake Station mayor, wife go on trial in federal court
The mayor of a northwestern Indiana city and his wife are going on trial on federal charges of conspiracy, wire fraud and filing false tax returns.
Valpo ex-attorney Holesinger gets 10 years
Former Valparaiso attorney Clark Holesinger has been sentenced to 10 years in federal prison and ordered to pay nearly $1 million in restitution to clients he defrauded.
7th Circuit affirms judgment for school in bullying case
A federal lawsuit brought against northwestern Indiana school corporations over a child’s alleged bullying was properly decided in favor of the schools on summary judgment, the 7th Circuit Court of Appeals ruled Tuesday.
Former state senator is final appointment to redistricting committee
Former Indiana senator and environmental leader Beverly Gard has been appointed to the state’s redistricting study committee, completing the selection process by the legislative leaders.
COA ceremonies set for Friedlander and Altice
Ceremonies have been announced for judges transitioning off and on the Indiana Court of Appeals. A retirement ceremony for Judge Ezra H. Friedlander is scheduled for 2:30 p.m. Thursday in the Indiana Supreme Court courtroom. Chief Judge Nancy H. Vaidik will preside.
Kentucky taxpayers owe $2.3 million in fees in same-sex marriage case
Attorneys who successfully challenged Kentucky’s ban on same-sex marriage have submitted a bill for more than $2 million in legal fees, court costs and related expenses. The state of Kentucky, as the losing party in the case, gets stuck with the tab under federal civil-rights law.