Warsaw poker game operator’s conviction flushed
The operator of a fundraising poker game at a Warsaw veterans lodge won an appeal of his contracting conviction Friday at the Indiana Court of Appeals.
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Display celebrates Tinder’s career
In honor of 7th Circuit Court of Appeals Judge John Daniel Tinder’s retirement, a display has been installed in the main hall of the first floor of the Birch Bayh Federal Building and United States Courthouse in Indianapolis.
Man deported after living in US since age 1 gets relief
An Indiana man who was ordered deported after pleading guilty to federal marijuana charges will be allowed to return to the country, the 7th Circuit Court of Appeals ruled Friday.
Appeals panel reverses expungement denial
A trial court that rejected an expungement petition because the petitioner had not been arrested on an underage drinking charge got it wrong, the Indiana Court of Appeals ruled Friday.
Comment sought on possible child support guideline changes
The Indiana Supreme Court is considering altering the child support guidelines, which provide a measure for determining the amount of child support each parents owes.
Minkler takes over as U.S. attorney in Southern District
Josh Minkler was sworn in as U.S. attorney for the Southern District of Indiana on Thursday by Southern District Chief Judge Richard L. Young.
Supreme Court extends same-sex marriage nationwide
The Supreme Court of the United States has declared that same-sex couples have a right to marry anywhere in the United States. The decision was 5-4.
Woman’s comments to police considered political speech, COA rules
The Indiana Court of Appeals overturned a woman’s misdemeanor disorderly conduct conviction, which was based on her comments to police that she was pulled over because she was black, finding the comments were political in nature.
Judges deny sentence modifications, but for different reasons
A panel on the Indiana Court of Appeals concluded Thursday that neither of two men who petitioned in late 2013 to have their 1997 sentences modified are entitled to a modification, but the judges’ reasoning for the denials differed.
7th Circuit rules against Anderson mayor in suit following firings
Anderson Mayor Kevin Smith lost his appeal of the finding that he is not entitled to qualified immunity regarding all of the fired government workers involved in a lawsuit alleging their discharges violated the First Amendment.
Opinions June 25, 2015 ILD
Indiana Court of Appeals
Gumwood HP Shopping Partners, L.P. v. Simon Property Group, Inc. (mem. dec.)
71A05-1408-CT-397
Civil tort. Affirms grant of Simon’s motion to dismiss and the denial of Gumwood’s motion to amend in a dispute over a lease involving Ann Taylor.
In the Matter of the Termination of the Parent-Child Relationship of: L.G. (Minor Child) and D.G. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
49A02-1412-JT-841
Juvenile. Affirms termination of parental rights.
Opinions June 25, 2015
7th Circuit Court of Appeals
United States of America v. Pascal Sylla
14-2813
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms 2013 conviction of attempted bank robbery stemming from an attempted robbery in 2003. Sylla’s DNA was matched to the crime scene in 2010, thus making his conviction not outside the statute of limitations.
7th Circuit rejects claim conviction is outside statute of limitations
The 7th Circuit Court of Appeals disagreed with a defendant who claimed the federal DNA tolling statute is unconstitutional as applied to him. The man was convicted in 2013 of attempting to rob an Anderson bank in 2003, thanks to a positive identification in 2010 using DNA collected at the crime scene.
Judge rejects mistrial in Indianapolis house explosion case
An Indiana judge has denied a mistrial in the case of a man accused of rigging a deadly Indianapolis house explosion. The defendant's attorneys raised concerns about miscalculations by a witness.
Housing-discrimination lawsuits backed by US Supreme Court
The Supreme Court of the United States said people who file housing-discrimination lawsuits don’t have to show they were victims of intentional bias, in a blow to lenders and insurers and a surprise legal victory for the Obama administration.
SCOTUS upholds nationwide health care law subsidies
The Supreme Court of the United States on Thursday upheld the nationwide tax subsidies under President Barack Obama's health care overhaul, in a ruling that preserves health insurance for millions of Americans.
Woman who allegedly plotted to kill Indiana attorney captured in Montana
Authorities have captured a Florida woman wanted on charges alleging she plotted to kill a suburban Indianapolis divorce attorney seeking money from her boyfriend.
Report shows ‘new models’ for work-life balance in legal practice
It’s been almost 30 years since Working Mother magazine coined the term “work-life balance.” Since then, men as well as women have increasingly sought ways to practice law without the grueling hours.
Opinions June 24, 2015 ILD
The following opinions were posted after IL deadline Tuesday:
Indiana Court of Appeals
Centier Bank as Trustee of Trust Number 1865 v. Wintering, LLC (mem. dec.)
45A03-1410-MI-354
Miscellaneous. Affirms grant of tax deeds to Wintering LLC.
Shawn L. Elam v. State of Indiana (mem. dec.)
15A01-1411-CR-489
Criminal. Affirms 4-year sentence for Class D felony domestic battery with a child present and Class D felony neglect of a dependent.
Margaret Gerovac v. City of Valparaiso, Indiana, and Trinity Lutheran Church of Valparaiso (mem. dec.)
64A05-1404-PL-195
Civil plenary. Affirms summary judgment for the city and the church on Gerovac’s negligence claims.
Centier Bank as Trustee of Trust Number 1865 v. Wintering, LLC (mem. dec.)
45A03-1410-MI-354
Miscellaneous. Affirms grant of tax deeds to Wintering LLC.
Wednesday’s opinions
Indiana Court of Appeals
Joshua Brazzel v. State of Indiana (mem. dec.)
47A05-1411-PC-524
Post conviction. Affirms denial of petition for post-conviction relief.
Henry Swanigan v. Founders Insurance Company and Ronnie Watson (mem. dec.)
49A04-1408-CT-371
Civil tort. Affirms summary judgment in favor of Founders Insurance on Swanigan’s complaint for damages.
Steven B. Pollard v. State of Indiana (mem. dec.)
53A04-1411-CR-519
Criminal. Affirms revocation of placement in home detention and orders Pollard serve the balance of his sentence in the Department of Correction.
Kylie Lin Jenks v. State of Indiana (mem. dec.)
22A04-1411-CR-522
Criminal. Affirms sentence for Class B felony conspiracy to commit arson.
Opinions June 24, 2015
Indiana Supreme Court
In the Matter of: Bradley D. Hamilton
49S00-1412-DI-752
Discipline. Disbars Hamilton for abandoning his law practice and clients, stealing their money, and fleeing to Australia. Finds he violated eight rules of Professional Conduct.