Search didn’t violate driver’s rights
The smell of burnt marijuana on a person alone may constitute probable cause to support an arrest and search incident to arrest, the Indiana Court of Appeals held in a case of first impression.
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Circuit Court upholds $500,000 restitution order
A man who waived his right in plea negotiations to challenge his sentence or an order of restitution may not appeal the imposition of $533,000 in restitution to a victim depicted in child pornography, the 7th Circuit Court of Appeals held July 14.
COA: Evidence supports dealing conviction
The Indiana Court of Appeals affirmed a defendant’s conviction of dealing in methamphetamine, finding that pill dough created while making the drug could be used to count toward the three grams needed to charge someone with Class A felony dealing.
Criminal Law and Sentencing committee meeting rescheduled
The Criminal Law and Sentencing Policy Interim Study Committee’s July 14 meeting has been rescheduled for 1 p.m. July 28 in Room 431 of the Indiana Statehouse.
MCBA’s Kuykendall Conn Dinner tonight
CNN legal analyst and attorney Asuncion "Sunny" Hostin is the featured speaker tonight at the bi-annual Kuykendall Conn Dinner hosted by the Marion County Bar Association.
COA upholds $12 garnishment
A Miami Circuit Court did not err in its interpretation of a statute involving garnishment of wages when ruling a company was correctly withholding only $12.17 from an employee, held the Indiana Court of Appeals Wednesday.
Opinions July 13, 2011 ILD
7th Circuit Court of Appeals
Jill Treat, et al. v. Tom Kelley Buick Pontiac GMC Inc, et al.
10-3166
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William Lee.
Civil. Affirms summary judgment for Tom Kelley Buick and Kelley Automotive Group in the Treats’ suit under the Wage Payment Statute to recover unpaid wages. The Treats erroneously brought their claim under the Payment Statute instead of the Wage Claims Statute.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Larry Lefler v. State of Indiana (NFP)
82A04-1007-CR-479
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting.
William Miller v. State of Indiana (NFP)
29A04-1010-CR-602
Criminal. Affirms conviction of Class A felony child molesting.
Matthew N. Williams v. State of Indiana (NFP)
65A01-1011-CR-591
Criminal. Affirms convictions of criminal recklessness as a Class C felony and Class D felony auto theft.
Term. of Parent-Child Rel. of J.P., et al.; D.P. v. IDCS (NFP)
82A04-1012-JT-807
Juvenile. Affirms involuntary termination of parental rights.
Dallas Washington v. State of Indiana (NFP)
49A02-1007-PC-801
Post conviction. Affirms denial of petition for habeas corpus.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions July 13, 2011
7th Circuit Court of Appeals
Jill Treat, et al. v. Tom Kelley Buick Pontiac GMC Inc, et al.
10-3166
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William Lee.
Civil. Affirms summary judgment for Tom Kelley Buick and Kelley Automotive Group in the Treats’ suit under the Wage Payment Statute to recover unpaid wages. The Treats erroneously brought their claim under the Wage Payment Statute instead of the Wage Claims Statute.
Judges remand medical malpractice action
The Indiana Court of Appeals has ordered a trial court to hold a hearing as to what testimony an expert could give and to revise one of its orders in limine in a medical malpractice suit stemming from an overdose of Benadryl more than 15 years ago.
AG sues to recover $18,000 from LaGrange County clerk
Indiana Attorney General Greg Zoeller has filed a civil suit against Beverly S. Elliott, LaGrange County clerk, seeking more than $18,000 in misappropriated funds. Elliot is also facing criminal charges following an investigation by the State Board of Accounts and the Indiana State Police.
Arguments for woman who claims she was wrongfully convicted
The case of a woman who contends she was wrongfully convicted of arson and murder because of faulty science will be heard by the Indiana Court of Appeals July 13.
31 students prepare for law school as ICLEO Fellows
The Indiana Supreme Court has announced this year’s Indiana Conference for Legal Education Opportunity Fellows, who are currently preparing for the start of the fall semester.
Valparaiso law school recognized for reconstruction of Heritage Hall
Valparaiso University School of Law was honored by the Valparaiso Chamber of Commerce at the 44th Annual Community Improvement Awards luncheon.
Opinions July 12, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Tameka Maria Redding v. State of Indiana (NFP)
71A04-1102-CR-104
Criminal. Affirms conviction of Class D felony attempted theft.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions July 12, 2011
Indiana Court of Appeals
Tameka Maria Redding v. State of Indiana (NFP)
71A04-1102-CR-104
Criminal. Affirms conviction of Class D felony attempted theft.
Judge blocks Medicaid fee cut to pharmacies
A federal judge in Indianapolis has temporarily blocked the state from cutting the fees it pays to pharmacists for dispensing Medicaid prescriptions.
Indiana Supreme Court takes 3 cases; denies 27
The state’s highest court has granted transfer to three cases, including one in which they vacated the Indiana Court of Appeals decision and sent it back to the appellate court.
Opinions July 11, 2011 ILD
7th Circuit Court of Appeals
Bishop Harvey Jr., et al. v. Town of Merrillville, et al.
11-1041
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen. Affirms summary judgment for the defendants on the homeowners’ Section 1983 equal protection claim. Without a similarly situated comparator, the homeowners’ equal protection claim cannot hold water. The District Court also did not err in failing to address the homeowners’ belatedly asserted and undeveloped contention that the defendants violated their First Amendment rights by suppressing their speech. Modifies judgment to dismiss without prejudice instead of remanding the state law claims.
Indiana Court of Appeals
Isaiah Williams v. State of Indiana (NFP)
49A02-1010-PC-1235
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted three transfers and denied 27 for the week ending July 8, 2011.
Opinions July 11, 2011
7th Circuit Court of Appeals
Bishop Harvey Jr., et al. v. Town of Merrillville, et al.
11-1041
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen. Affirms summary judgment for the defendants on the homeowners’ Section 1983 equal protection claim. Without a similarly situated comparator, the homeowners’ equal protection claim cannot hold water. The District Court also did not err in failing to address the homeowners’ belatedly asserted and undeveloped contention that the defendants violated their First Amendment rights by suppressing their speech. Modifies judgment to dismiss without prejudice instead of remanding the state law claims.
Justices rule officer didn’t search car to find gun
The Indiana Supreme Court has upheld a man’s firearm conviction, finding the police officer who found a handgun in the man’s car during a traffic stop wasn’t searching the car when he saw the gun.