US personnel chief resigns in wake of massive data breach
The head of the U.S. government's personnel office resigned abruptly on Friday, bowing to pressure for her to step down following a massive government data breach on her watch.
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Opinions July 10, 2015 ILD
Indiana Court of Appeals
Rose A. Martiradonna f/k/a Rose A. Rynberk v. Gilbert W. Rynberk (mem. dec.)
45A03-1411-DR-411
Domestic relation. Affirms order dissolving marriage of Rose and Gilbert Rynberk. Finds the court did not abuse its discretion in denying wife’s motions to reopen discovery. Also rules court did not err in finding the husband’s three bonuses were not marital assets.
Derek Lee Morris v. State of Indiana (mem. dec.)
49A02-1412-PC-892
Post conviction. Dismisses Morris’ appeal of the denial of his petition for additional credit time. Finds he has already litigated petitions for post-conviction relief and did not file this petition according to the procedures for successive petitions.
Wernle Youth & Family Treatment Center, Inc. v. Review Board of the Indiana Department of Workforce Development and C.B. (mem. dec.)
93A02-1501-EX-19
Civil. Affirms the Review Board of the Indiana Department of Workforce Development that the discharge of employee C.B. by Wernle Youth & Family Treatment Center Inc., was not for just cause and C.B. is entitled to benefits.
Opinions July 10, 2015
Indiana Supreme Court
In the Matter of: Tenneil E. Selner
71S00-1402-DI-96
Attorney discipline. Suspends Tenneil E. Selner for three years without automatic reinstatement for her federal conviction of distribution of pseudoephedrine to participants in a methamphetamine ring. Justices approved the conditional agreement for discipline by a 4-1 vote, with Justice Dickson dissenting, believing Selner’s conduct demonstrated unfitness.
Defense calls 1 witness in Indianapolis home explosion trial
More than 160 witnesses testified for the prosecution in the month-long trial of a man accused of planning a home explosion that gutted an Indianapolis subdivision in 2012, killing two neighbors.
Appeals panel hears arguments on Obama immigration action
A federal appeals court in New Orleans was set to hear arguments Friday over President Barack Obama's plan to protect from deportation as many as 5 million immigrants living illegally in the United States.
Lawyer suspended for distributing pseudoephedrine
A South Bend attorney who pleaded guilty to federal charges that she supplied a key ingredient to members of a meth ring has been suspended from the practice of law for three years.
Searches without suspicion are not unconstitutional, COA affirms
A one-month-old decision by the Indiana Supreme Court upended a probationer’s argument that the search of his nightstand was unconstitutional.
IU Maurer announces locked-in tuition for entering classes
Indiana University Maurer School of Law has announced tuition for the incoming class won’t increase during students’ three years of study in Bloomington.
Opinions July 9, 2015 ILD
Indiana Court of Appeals
Jerry W. Thomas v. State of Indiana (mem. dec.)
82A04-1410-CR-477
Criminal. Affirms conviction for child molesting, a Class A felony.
Donald W. Harshaw v. Elizabeth A. Harshaw (mem. dec.)
45A04-1408-PL-397
Civil plenary. Affirms order adopting an arbitration award in favor of Elizabeth Harshaw. Finds partition count was not a pending matter submitted for arbitration. Judge Patricia Riley concurs with majority decision regarding the arbitration award but dissents on the finding regarding the partition count.
In the Matter of T.D., A Child Alleged To Be In Need Of Services, W.D., Father v. The Indiana Department of Child Services (mem. dec.)
79A02-1411-JC-790
Juvenile CHINS. Affirms order that T.D. is a child in need of services.
David Moss v. Indianapolis Department of Natural Resources (mem. dec.)
49A02-1501-PL-7
Civil plenary. Affirms, in part, reverses in part and remands a trial court’s granting of a petition for judicial review filed by the Indiana Department of Natural Resources regarding David Moss’ employment. Finds DNR’s petition for judicial review timely filed but concludes it is unclear whether the issues raised in the petition were preserved for judicial review. Remands for consideration of whether the issues raised by DNR were properly preserved for judicial review.
Derrick Harris v. State of Indiana, Parole Board (mem. dec.)
18A04-1407-MI-338
Mental health. Dismisses Harris’ appeal of the denial of his petition for habeas corpus. Finds his appeal is moot because he has been released from the Delaware County Jail.
Charles Stierwalt v. Travis Barton and City of Linton, Indiana (mem. dec.)
28A01-1412-CT-528
Civil tort. Affirms dismissal of Stierwalt’s complaint against Thomas Barton and the city of Linton. Finds Stierwalt did not comply with the provision of the Indiana Tort Claims Act which requires a claimant, bringing a claim against a political subdivision, to file notice with the governing body of a political subdivision 180 days before filing the claim.
Joshua Woodson v. State of Indiana (mem. dec.)
49A04-1410-CR-475
Criminal. Affirms conviction for Class D felony operating a vehicle while suspended as a habitual traffic violator.
Daniel Smith v. State of Indiana (mem. dec.)
07A01-1411-CR-485
Criminal. Affirms convictions for two counts of violating orders to vacate a condemned dwelling, Class B misdemeanors.
Opinions July 9, 2015
7th Circuit Court of Appeals
The following opinion was posted Wednesday after IL deadline
Carlene M. Craig, et al. v. FedEx Ground Package System, Inc.
10-3115
Appeal from U.S. District Court, Northern District of Indiana, South Bend Division;
Judge Robert L. Miller, Jr.
Civil. Reverses multi-district litigation court’s grant of summary judgment to FedEx and remands with instructions to enter summary judgment in favor of plaintiffs, the Kansas drivers. The drivers are employees of FedEx rather than independent contractors under the Kansas Wage Payment Act, the court ruled. Proceedings may include remand to the Kansas District Court for a determination of damages.
7th Circuit reversal: Kansas FedEx drivers employees, not contractors
Kansas FedEx truck drivers are company employees and not independent contractors, the 7th Circuit Court of Appeals ruled Wednesday, reversing a key ruling in continuing multi-district litigation.
Tardy defendant gets a do-over from the COA
A homeowner who arrived at the courthouse nine minutes after a judgment was entered against him will still get to have his day in court.
Judge gives 35-year term in South Bend toddler’s killing
A northern Indiana judge has sentenced a 20-year-old man to 35 years in prison in the 2014 shooting death of a South Bend toddler.
Indiana woman charged in business thefts, fraud scheme
An Indianapolis woman faces forgery, counterfeiting and other charges for allegedly defrauding more than 20 central Indiana residents through a theft scheme.
New security measures in full swing at Clarksville Town Hall
Since June 1, a metal detector has been stationed at the Clarksville Town Hall's main entrance on Tuesdays and Thursdays and in front of the doors to Town Court on Mondays, Wednesdays and Fridays. The detectors also are used to scan people entering Town Council meetings.
Judge orders Homeland Security chief, others to court
A federal judge in Texas has threatened to hold Homeland Security Secretary Jeh Johnson and other top immigration enforcement officials in contempt of court for not fixing problems that led to work permits being mistakenly awarded under President Barack Obama's executive immigration action after the judge had put the plan on hold.
Pot-smoking Indianapolis church sues over marijuana laws
A pot-smoking church sued the city of Indianapolis and state of Indiana on Wednesday, claiming laws against possession and use of marijuana infringe on its religious beliefs.
Ohio judge wants to know if he can refuse gay weddings
A judge who refused to marry a same-sex couple said on Wednesday that he wants to know if he can skip out of performing gay weddings altogether.
US to make marriage benefits available to gay couples
Attorney General Loretta Lynch says the government will make federal marriage benefits available to same-sex couples following a Supreme Court of the United States decision last month that legalized same-sex marriage.
Opinions July 8, 2015 ILD
Indiana Court of Appeals
Anthony Furlani v. State of Indiana (mem. dec.)
49A02-1412-CR-830
Criminal. Affirms aggregate sentence of 35 years for four counts of child molestation as Class A felonies and three counts of child molestation as Class C felonies.
Jamie Johnson v. Courtney Johnson (mem. dec.)
88A01-1409-DR-406
Domestic relation. Affirms final dissolution decree. Finds any error in failing to explain a deviation from a 50/50 division of remaining property was harmless. Also rules trial court did not abuse its discretion in refusing to order Courtney Johnson to pay attorney fees to Jamie Johnson.
Kyle Beals v. State of Indiana (mem. dec.)
49A02-1411-PC-776
Post conviction. Affirms denial of petition for post-conviction relief.
Eric L. Carter v. State of Indiana (mem. dec.)
63A01-1412-CR-527
Criminal. Affirms 12-year sentence for possession of a firearm by a serious violent felon, as a Class B felony.
Anteis Robinson v. State of Indiana (mem. dec.)
49A04-1411-CR-536
Criminal. Affirms conviction of resisting law enforcement, as a Class A misdemeanor.
Rumaldo M. Juarez v. State of Indiana (mem. dec.)
29A04-1410-CR-508
Criminal. Affirms convictions of Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor.
Christopher Rehtorik v. Jamie Rehtorik (mem. dec.)
64A03-1411-DR-402
Domestic relation. Affirms trial court’s determination that Jamie Rehtorik was entitled to claim minor child on her 2012 federal and state tax returns and affirms denial of Christopher Rehtorik’s motion for rule to show cause. Also affirms order for Christopher Rehtorik to pay $6,000 of Jamie Rehtorik’s attorney fees. Declines Jamie Rehtorik’s request for appellate attorney fees.
Christopher J. Wilson v. State of Indiana (mem. dec.)
79A02-1411-CR-791
Criminal. Affirms 13-year sentence for pleading guilty to sexual misconduct with a minor, a Class B felony.
Mohammed Nadeem v. Shahidatul Abubakar (mem. dec.)
02A04-1407-DR-343
Domestic relation. Affirms order dissolving marriage. Finds trial court did not abuse its discretion in choosing a valuation date for certain marital assets or in failing to consider the fund Nadeem had received from his family as marital debt. Also rules trial court did not abuse its discretion in awarding 60 percent of the marital estate to Abubakar or in ordering Nadeem to pay $14,000 in Abubakar’s attorney fees. Judge Margret Robb concurs in result without opinion.
Kenneth Cushingberry v. State of Indiana (mem. dec.)
49A02-1410-CR-724
Criminal. Affirms one-year sentence for convictions of theft, as a Class A misdemeanor, and possession of marijuana, as a Class B misdemeanor.
Cindy Brothers, As Personal Representative of the Estate of Kristopher Stately, Deceased, Alicia Arnold and Tiffany Arnold v. Lake Holiday Enterprises, Inc. (mem. dec.)
37A03-1410-CT-347
Civil tort. Affirms summary judgment in favor of Lake Holiday on Alicia and Tiffany Arnold’s bystander claims of negligent infliction of emotional distress. Finds its reversal of summary judgment on the remaining claims remains appropriate.
Allen E. Wilson v. Amy L. Wilson (mem. dec.)
34A02-1410-DR-754
Domestic relation. Affirms trial court’s denial of Allen Wilson’s post-judgment requests for further discovery and exclusion of husband’s $36,815 advance from the marital estate. Reverses trial court’s inclusion of four race cars in the marital estate and the valuation of the 2002 Corvette. Remands with instructions that the trial court include only the $7,500 Outlaw in the marital estate and value the 2002 Corvette at $19,000.