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Opinions May 25, 2016

May 25, 2016

Indiana Court of Appeals
Kelly C. Mullen v. State of Indiana
02A05-1511-CR-1959
Criminal. Affirms on interlocutory appeal the denial of Kelly C. Mullen’s motion to suppress evidence of a gun obtained during a search of his person. Rules that the officer who stopped him had sufficient reason, including the increased drug and gun violence in the area, the fact the apartment complex asked the police department to help with loitering issues, and Mullen’s actions during the stop.

Uber vies to force arbitration in surge-price antitrust suit

May 25, 2016

Uber Technologies Inc. is trying to force an antitrust suit over the company’s surge-pricing algorithm into arbitration, arguing the class-action case is attempting to dodge a ban on customers taking disputes to court.

Governor: Texas suing over Obama’s transgender directive

May 25, 2016

The state of Texas is suing the Obama administration over its directive to U.S. public schools to let transgender students use the bathrooms and locker rooms that match their gender identity, Gov. Greg Abbott said Wednesday.

Legislative study committee will examine LGBT civil rights

May 25, 2016

Indiana lawmakers will have a committee study the possibility of adding LGBT civil rights protections into state law.

COA: Gun evidence lawfully obtained

May 25, 2016

In its third Fourth Amendment case in two weeks, the Indiana Court of Appeals ruled evidence obtained during a stop of a man who was loitering around an apartment complex and then left suspiciously was lawfully seized. The judges affirmed the trial court’s denial of his motion to suppress on interlocutory appeal.

IndyCar sues organizers of canceled Boston race

May 25, 2016

IndyCar has filed a breach-of-contract lawsuit against the organizers of the canceled Grand Prix of Boston, which had been planned for Labor Day weekend this year and again each year through 2020.

IBM contests judge’s removal petition in welfare-privatization suit

May 25, 2016

The state’s petition to remove a trial court judge who oversaw the civil lawsuit over the canceled $1.3 billion contract with IBM to overhaul Indiana’s welfare system is “factually incorrect,” according to an attorney representing IBM.

Senate report: Illegal immigration costs state $131M

May 25, 2016

Indiana lawmakers studying the issue of illegal immigration in the state will view a report Wednesday that finds undocumented people will cost the state’s taxpayers $130.7 million this year.

Cosby lawyers outline defense as case heads to trial

May 25, 2016

Bill Cosby's lawyers gave a blistering preview of the questions the actor's accuser will face at trial, as a judge refused to dismiss the sex-assault case at a preliminary hearing.

Indiana University to file new suit against abortion law

May 25, 2016

Indiana University intends to sue to try and block a new state law mandating that aborted fetuses be buried or cremated after a federal judge blocked its bid to join an existing lawsuit, a spokeswoman said Tuesday.

Judge: Substantial progress in Volkswagen emissions talks

May 24, 2016

Volkswagen and attorneys for vehicle owners affected by the company's emissions cheating scandal are on target to meet a June deadline for a final settlement proposal, a federal judge said Tuesday.

GOP governors ask FCC to address illegal prison cellphones

May 24, 2016

Ten Republican governors, including Indiana Gov. Mike Pence, want the Federal Communications Commission to give states more autonomy to apply technology that can stop prison inmates from using smuggled cellphones.

Attorneys for death row inmate seek more time for appeal

May 24, 2016

Attorneys for a Gary man sentenced to death for killing his wife and two teenage stepchildren have asked a magistrate to give him more time to sign a document needed for the case to be reviewed.

Opinions May 24, 2016

May 24, 2016

Indiana Court of Appeals
Tresa Megenity v. David Dunn
22A04-1506-CT-722
Civil tort. Reverses and remands summary judgment for David Dunn after the majority ruled Dunn’s kick while Tresa Megenity was holding a bag during a karate drill constituted an issue of material fact. The COA ruled the type of kick Dunn did may not have been normal activity for the drill the two were involved in at the time. Judge Patricia Riley dissented, saying the majority ruled too narrowly. She thought the kick was normal behavior in the sport of karate itself and would have ruled to uphold summary judgment.

Judge faces Supreme Court removal petition in State v. IBM case

May 24, 2016

Petitions filed Monday with the Indiana Supreme Court argue a Marion County judge defied a Supreme Court order and overstepped his authority in ruling on remand that the state could prove no damages from its canceled $1.3 billion welfare-privatization contract with IBM.

Divided COA rules karate kick is an issue of material fact

May 24, 2016

The Indiana Court of Appeals ruled 2-1 that a man’s kick in karate class, which injured a woman, constituted an issue of material fact and reversed summary judgment in his favor.

Breyer says US Supreme Court not diminished with only 8 members

May 24, 2016

Justice Stephen Breyer said Monday that the Supreme Court of the United States has not been diminished by having only eight members since the death of Justice Antonin Scalia in February.

Property manager not liable in drunken driving crash, COA holds

May 24, 2016

The Indiana Court of Appeals ruled the property management company of a Camby bar has no duty of care to a woman who was seriously injured in a car accident in which she and the driver were intoxicated.

Officer cleared in black man’s death, prosecutor criticized

May 24, 2016

After two trials and no convictions, Baltimore's top prosecutor faces criticism that she moved too quickly to file charges against six officers in the case involving a 25-year-old black man who died a week after he was critically injured in police custody, triggering protests and riots a year ago.

Court of Appeals hears woman’s appeal of feticide conviction

May 24, 2016

Indiana appeals court judges grilled an attorney for the state Monday over whether there was evidence a woman found guilty of neglect and feticide in a self-induced abortion knew she had given birth to a live child.

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