Sunday, July 27, 2008
Ind. Decisions - More on: AG Carter will not appeal either of two recent district court rulings voiding 2008 legislation
Updating this ILB entry from July 24th, The Bedford Times-Mail editorializes today:Attorney General Steve Carter has shown a remarkable and admirable consistency in dealing with two contentious issues this summer. Twice Carter has decided not to appeal federal court rulings...Posted by Marcia Oddi on Sunday, July 27, 2008
Thursday, July 24, 2008
Ind. Decisions - AG Carter will not appeal either of two recent district court rulings voiding 2008 legislation
On July 2nd, Attorney General Carter issued a release re Judge Sarah Evans Barker's July 1st ruling in Big Hat Books v. Prosecutors: Adams, et al, holding HEA 1042 unconstitutional, stating that the decision would not be appealed. Today AG...Posted by Marcia Oddi on Thursday, July 24, 2008
Ind. Decisions - 7th Circuit issues three Indiana opinions today
In Caskey v. Colgate-Palmolive (SD Ind., Judge Hamilton), a 15-page opinion, Judge Bauer writes:After being disciplined and ultimately terminated, Tracy Caskey sued her former employer and its parent company. Caskey alleged that the defendants (1) interfered with her right...Posted by Marcia Oddi on Thursday, July 24, 2008
Friday, June 20, 2008
Ind. Decisions - Still more on: SCOTUS decides Indiana v. Edwards
National coverage today of yesterday's U.S. Supreme Court ruling in Indiana v. Edawrds (for background start here) includes this story in the Legal Times by Tony Mauro. Howard Bashman of How Appealing has collected together links to most of the...Posted by Marcia Oddi on Friday, June 20, 2008
Tuesday, June 03, 2008
Ind. Decisions - Still more on: Indiana Supreme Court bars Geoffrey N. Fieger from temporary admission
Supplementing this May 24th ILB entry, the ABA Journal Blog has a report that not only did a Detroit federal jury acquit Mr. Fieger yesterday on charges of illegal campaign contributions, but his attorney, the legendary Gerry Spence, 80, maintained...Posted by Marcia Oddi on Tuesday, June 03, 2008
Thursday, May 29, 2008
Ind. Decisions - Tax Court finds RV Park eligible for a religious purposes exemption [Updated]
In Cedar Lake Conference Association v. Lake County Property Tax Assessment Board of Appeals, a decision dated May 28th, 2008, Indiana Tax Court Judge Fisher writes:Cedar Lake Conference Association (CLCA) challenges the final determination of the Indiana Board of Tax...Posted by Marcia Oddi on Thursday, May 29, 2008
Tuesday, May 27, 2008
Ind. Decisions - Supreme Court requires AG's CID to be by verified petition or other admissible evidence presented at a hearing
In Nu-Sash of Indianapolis, Inc. d/b/a McKee Sunroom Designs v. Steve Carter, Indiana Attorney General, a 6-page, 4-0 opinion, Justice Boehm writes:The Attorney General is authorized by statute, Ind. Code §§ 4-6-3-1 to -12 (2004), to seek a court order...Posted by Marcia Oddi on Tuesday, May 27, 2008
Friday, May 23, 2008
Ind. Decisions - More on: "Jury rejects pollution suit against New Albany power plant"
Updating this ILB entry from earlier today re the Gallagher plant in New Albany, the Indianapolis Star this afternoon has this report on another [aspect of the same] jury decision, this one involving the Wabash River plant in Vigo County:A...Posted by Marcia Oddi on Friday, May 23, 2008
Sunday, May 11, 2008
Ind. Decisions - Yet more on: Lethal injection case heard before SCOTUS
Following on earlier ILB entries on lethal injection, from Yahoo News today: CHATTANOOGA, Tenn. - Supreme Court Justice John Paul Stevens says the euthanized Kentucky Derby horse Eight Belles probably died more humanely than death row prisoners do. Stevens's comments...Posted by Marcia Oddi on Sunday, May 11, 2008
Thursday, April 17, 2008
Ind. Decisions - Still more on: Lethal injection case heard before SCOTUS; Indiana implications
Updating this ILB entry from yesterday, several stories today cite Justice Ginsburg's dissent contrasting the Kentucky procedure with that of several other states, including Indiana. The discussion begins at p. 93 of the PDF document (p. 7 of the...Posted by Marcia Oddi on Thursday, April 17, 2008
Wednesday, April 16, 2008
Ind. Decisions - More on: Lethal injection case heard before SCOTUS; Indiana implications
Updating this Jan. 8, 2008 ILB entry, today the AP's Mark Sherman reports "Supreme Court upholds use of lethal injections." The long story begins:WASHINGTON (AP) -- The Supreme Court on Wednesday upheld the most common method of lethal injection executions,...Posted by Marcia Oddi on Wednesday, April 16, 2008
Friday, March 21, 2008
Ind. Decisions - More on "Jill Behrman murder trial unfair, lawyer tells appeals court"
This morning the ILB posted quotes and/or links to stories from two reporters, Deanna Martin and Jon Murray, on yesterday's arguments before the Court of Appeals. Now Bethany Nolan from the Martinsville Reporter-Times, the site of the trial, weighs in....Posted by Marcia Oddi on Friday, March 21, 2008
Monday, March 17, 2008
Ind. Decisions - 7th Circuit issues one Indiana decision today
In US v. Justin L. Hoffman (ND Ind., Judge Miler), a 9-page opinion, Judge Flaum concludes:It is true that the presence of narcotics in a defendant’s car does not, by itself, establish probable cause to search his home, even...Posted by Marcia Oddi on Monday, March 17, 2008
Thursday, March 13, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 4 NFP)
For publication opinions today (1): In Baker Machinery, Inc. v Superior Canopy Corp., et. al., a 14-page opinion, Judge Friedlander concludes:In dismissing Baker’s case, the trial court considered the factors identified in Lee v. Friedman, 637 N.E.2d 1318 and concluded...Posted by Marcia Oddi on Thursday, March 13, 2008
Friday, February 22, 2008
Ind. Decisions - Updating again: Do the changes to the sex offender law mean longtime homeowners must move?
This ILB entry from Feb. 20th quoted the Lafayette paper's report that two decisions had been handed down:Two Tippecanoe County judges ruled Tuesday that the safety of the community's children trumps objections raised by two sex offenders -- upset that...Posted by Marcia Oddi on Friday, February 22, 2008
Wednesday, February 13, 2008
Ind. Decisions - "Religious order appeals Holy Cross Village tax decision"
A report today on this long on-going dispute. The South Bend Tribune had what the ILB described as "a very long and really interesting story on the issue of whether/when real estate owned by a religious institution is subject to...Posted by Marcia Oddi on Wednesday, February 13, 2008
Sunday, February 10, 2008
Ind. Decisions - More on: OK, where are these opinions?
On Jan. 23rd, the ILB posted an entry headed "OK, where are these opinions?" The entry reported that, although the Clerk of the Court's office had changed long-established practice and was no longer making paper copies of opinions available, causing...Posted by Marcia Oddi on Sunday, February 10, 2008
Wednesday, January 16, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Indiana Lumbermens Mutual v. Reinsurance Results (SD Ind., Judge McKinney), a 12-page opinion, Judge Posner writes:The defendant in this diversity suit for breach of contract governed by Indiana law appeals from the grant of summary judgment in favor...Posted by Marcia Oddi on Wednesday, January 16, 2008
Friday, January 04, 2008
Ind. Decisions - More on problems with new COA opinions format
The ILB has not heard back from its messages yesterday to the Indiana Clerk's Office re problems with the new format of the five opinions issued Jan. 3 and presumably all those to follow.Note: All five of these documents currently...Posted by Marcia Oddi on Friday, January 04, 2008
Friday, December 28, 2007
Ind. Decisions - More on "Church’s admission of abuse not enough, accuser says"
Updating this ILB entry from Dec. 18th, which included this quote from a story by Robert King in the Indianapolis Star:The scene today in Marion Superior Court could become increasingly common: the archdiocese squaring off in court against a former...Posted by Marcia Oddi on Friday, December 28, 2007
Friday, December 07, 2007
Ind. Decisions - More on: Marion County juvenile court orders release of the juvenile court file and the much larger DCS case file in TaJanay Bailey case
Updating this entry from yesterday, the Indianapolis Star's Jon Murray reported last evening that:A Marion County juvenile court judge this afternoon released hundreds of pages from the Department of Child Services case file on TaJanay Bailey. * * * DCS...Posted by Marcia Oddi on Friday, December 07, 2007
Friday, November 30, 2007
Ind. Decisions - Supreme Court denies Bopp motion for an emergency writ regarding the middle initial issue in the recount
Here is the order issued this afternoon in the case of STATE OF INDIANA EX. REL, DUKE BENNETT v. VIGO COUNTY (84 S 00 - 0711 - OR - 00558):Relator's application papers include a request for an emergency writ. An...Posted by Marcia Oddi on Friday, November 30, 2007
Saturday, November 10, 2007
Ind. Decisions - More on: Tax Court dismisses property tax challenge
Charles Wilson of the AP reports today on yesterday's Indiana Tax Court decision in the case of Mel Goldstein, et al. v. Indiana Department of Local Government Finance, et al. (see ILB entry here). Some quotes:A judge on Friday dismissed...Posted by Marcia Oddi on Saturday, November 10, 2007
Friday, November 09, 2007
Ind. Decisions - Tax Court dismisses property tax challenge
In Mel Goldstein, et al. v. Indiana Department of Local Government Finance, et al., an 11-page opinion issued today, Judge Fisher rules:For the aforementioned reasons, this Court does not have subject matter jurisdiction over the Petitioners’ case. As a result,...Posted by Marcia Oddi on Friday, November 09, 2007
Friday, November 02, 2007
Ind. Decisions - More on: 7th Circuit dismisses challenge to Indiana canons of judicial ethics
Last Friday, Oct. 26th, the 7th Circuit issued a significant decision in the case of Right to Life v. Randall T. Shepard. The ILB covered it here. Like the legislative prayer decision issued the following Monday, Oct. 29th, the panel...Posted by Marcia Oddi on Friday, November 02, 2007
Friday, October 26, 2007
Ind. Decisions - 7th Circuit dismisses challenge to Indiana canons of judicial ethics
In Right to Life v. Randall T. Shepard (ND Ind., Judge Sharp), a 10-page opinion, Judge Evans writes:Indiana Right to Life and Arline Sprau (we will refer to them collectively as Right to Life) filed this complaint against the...Posted by Marcia Oddi on Friday, October 26, 2007
Thursday, October 25, 2007
Ind. Decisions - More on: Upcoming oral arguments this week
Updating this ILB entry from Monday, previewing the oral arguments before the Indiana Supreme Court this week, yesterday (Wednesday) the Court heard arguments in the case of Hartman v. Keri. . Niki Kelly of the Fort Wayne Journal Gazette reports...Posted by Marcia Oddi on Thursday, October 25, 2007
Monday, October 22, 2007
Ind. Decisions - Upcoming oral arguments this week
This week's oral arguments before the Supreme Court: This Wednesday, Oct. 24th: 9:00 AM - Walden v. State - Following a jury trial in the Delaware Circuit Court, Walden was convicted of causing death while operating a motor vehicle under...Posted by Marcia Oddi on Monday, October 22, 2007
Monday, October 15, 2007
Ind. Decisions - Upcoming oral arguments this week
This week's oral arguments before the Supreme Court: This Thursday, Oct. 18th: 9:00 AM - Russell Prewitt v. State - After finding that Prewitt had violated his probation, the Clark Superior Court ordered Prewitt to serve two years of his...Posted by Marcia Oddi on Monday, October 15, 2007
Monday, October 08, 2007
Ind. Decisions - Upcoming oral arguments this week
This week's oral arguments before the Supreme Court: This Wednesday, Oct. 10th 3:00 PM - Daniel Raess, M.D. v. Joseph Doescher - Following a trial on plaintiff Doescher’s claims for intentional infliction of emotional distress and assault, the jury returned...Posted by Marcia Oddi on Monday, October 08, 2007
Monday, October 01, 2007
Courts - SCOTUS declines to hear challenge to Zyprexa patent
Updating this Dec. 27, 2006 ILB entry, headed "Lilly wins major Zyprexa patent case," (and including a link to the United States Court of Appeals for the Federal Circuit 23-page opinion in the case of Eli Lilly v. Zenith Goldline...Posted by Marcia Oddi on Monday, October 01, 2007
Ind. Decisions - Upcoming oral arguments this week
This week's oral arguments before the Supreme Court: None scheduled. This week's oral arguments before the Court of Appeals that will be webcast: This Monday, Oct. 1st: 10:00 AM - Smith and Wesson Corporation, et al v. Town of Gary,...Posted by Marcia Oddi on Monday, October 01, 2007
Monday, September 24, 2007
Ind. Decisions - Upcoming oral arguments this week
Upcoming oral arguments before the Supreme Court: This Tuesday, Sept. 25th: 9:00 AM - Chi Yun Ho, M.D. v. Loretta Frye - Frye sued Dr. Ho and the Putnam County Hospital for medical malpractice as a result of a sponge...Posted by Marcia Oddi on Monday, September 24, 2007
Wednesday, August 29, 2007
Ind. Decisions - Note 7th Circuit sanctions in Illinois case
Thanks to Robert Loblaw of the blog Decision of the Day for picking up on Judge Easterbrook's opinion today in the case out of the ND Illinois, Wade v. Soo Line RR Corp. In an entry titled "More Trouble for...Posted by Marcia Oddi on Wednesday, August 29, 2007
Sunday, August 12, 2007
Ind. Decisions - More on: Trial court ruling could void IMPD arrests
The NY Times has now picked up on the Indianapolis story (see earlier ILB entry from Aug. 8th here). Some quotes:The state said it planned to appeal the ruling, which Attorney General Steve Carter said raised “questions about the propriety...Posted by Marcia Oddi on Sunday, August 12, 2007
Tuesday, August 07, 2007
Ind. Decisions - Still more on: Impact of Fort Wayne Disability Center ruling in other areas of state?
Updating this ILB entry from August 5th, Dick Kaukas of the Louisville Courier Journal reports today that:The New Albany City Council authorized legal action last night to determine whether two no-bid contracts, one for $3.3 million a year to run...Posted by Marcia Oddi on Tuesday, August 07, 2007
Sunday, August 05, 2007
Ind. Decisions - Yet more on: Impact of Fort Wayne Disability Center ruling in other areas of state?
"No-bid contracts split council: New Albany debates 2 agreements' validity" is the headline to a story today by Dick Kaukas in the Louisville Courier-Journal. Some quotes:Members of the New Albany City Council will be asked tomorrow to authorize litigation to...Posted by Marcia Oddi on Sunday, August 05, 2007
Thursday, July 26, 2007
Ind. Decisions - 7th Circuit posts two Indiana decisions
In Randy P. O'Brien v. Ind. Dept. of Corr. (SD Ind., Judge Hamilton), a 9-page opinion, Judge Kanne writes:Randy O’Brien has been a prisoner in Indiana since 1996, having been convicted of rape, sexual battery, and burglary. In 2001, he...Posted by Marcia Oddi on Thursday, July 26, 2007
Friday, July 20, 2007
Ind. Decisions - More on: "Deal with closed developmental center broke law; damages, if any, undecided"
Following up on its story July 17th (see this ILB entry) on Monday's Court of Appeals decision in Anita Stuller, et al v. Mitchell Daniels, Jr., et al (see ILB entry here), the Fort Wayne Journal Gazette has an editorial...Posted by Marcia Oddi on Friday, July 20, 2007
Sunday, July 08, 2007
Ind. Decisions - More on: How long has it been since the 7th Circuit heard oral arguments in the legislative prayer case?
The Fort Wayne Journal Gazette's weekly Political Notebook picks up today on the ILB entry from July 3rd on the legislative prayer case, still awaiting a ruling. From today's papers: Prayer case lingers on Statehouse insiders are still awaiting a...Posted by Marcia Oddi on Sunday, July 08, 2007
Friday, June 29, 2007
Ind. Decisions - More on U.S. Supreme Court opinion in Panetti issued
In this ILB entry on the U.S. Supreme Court's ruling yesterday in Panetti v. Quarterman (née Drake), the ILB quoted the Jan. 17th order of our Supreme Court staying the pending execution of Norman Timberlake based on the SCOTUS grant...Posted by Marcia Oddi on Friday, June 29, 2007
Friday, June 08, 2007
Ind. Decisions - Appeals Court rules in Clarksville Developer Lynn's favor
Larry Thomas of the New Albany Tribune reports on Wednesday's opinion in Robert Lynn Company, Inc. v. Town of Clarksville Board of Zoning Appeals and Town of Clarksville Plan Commission (see ILB entry here - 5th case):The Indiana Court of...Posted by Marcia Oddi on Friday, June 08, 2007
Wednesday, May 23, 2007
Ind. Decisions - Supreme Court decides one today
In Porter Development, LLC v. First National Bank of Valparaiso, a 7-page, 5-0 opinion, Justice Dickson writes:When a financial institution interpleads and pays into court deposited funds that are sub-ject to an adverse claim, how does Indiana Code § 28-9-5-3...Posted by Marcia Oddi on Wednesday, May 23, 2007
Friday, May 11, 2007
Ind. Decisions - Court of Appeals issues 2 today (and 13 NFP)
For publication opinions today (2): Tamko Roofing Products, Inc. v. Dennis Dilloway - Dillowat ordered shingles based on the color in the brochure:On the following Saturday, after Baker had completed the installation, Dilloway observed that the shingles were a completely...Posted by Marcia Oddi on Friday, May 11, 2007
Wednesday, May 02, 2007
Ind. Decisions - Potential appeal of Indiana voter ID case to Supreme Court anticipated
Judge Sara Evans Barker upheld the Indiana voter ID law a year ago -- see this April 15, 2006 ILB entry. Here are some quotes from the Indianapolis Star story at the time:On Friday, U.S. District Judge Sarah Evans Barker...Posted by Marcia Oddi on Wednesday, May 02, 2007
Friday, April 13, 2007
Ind. Decisions - More on "U.S. District Judge Allen Sharp ordered that Joseph Corcoran be resentenced but that he should not receive the death penalty"
Updating this ILB entry from Thursday, the Fort Wayne Journal Gazette today has posted excerpts from U.S. District Court Judge Allen Sharp's ruling this week that Joseph Corcoran was improperly given the death penalty and ordering him resentenced....Posted by Marcia Oddi on Friday, April 13, 2007
Thursday, March 29, 2007
Ind. Decisions - More on "Supreme Court sets execution date in 1984 stabbing death"
Prof. Douglas Berman of Sentencing Law & Policy Blog has posted this entry today, which I quote in full:Tracking the execution realities of 2007 Though there is constant chatter about capital punishment nationwide, I cannot help highlighting again that only...Posted by Marcia Oddi on Thursday, March 29, 2007
Friday, March 23, 2007
Ind. Decisions - More on "Judge Rules Drug Documents Must Be Returned to Eli Lilly"
The ILB has had a number of entries (see list here) on Lilly's drug Zyprexa. Most recently was this entry from Feb. 14th, 2007 on the 78-page ED NY decision , holding that, to quote the NY Times, "confidential marketing...Posted by Marcia Oddi on Friday, March 23, 2007
Wednesday, February 14, 2007
Ind. Decisions - "Judge Rules Drug Documents Must Be Returned to Eli Lilly"
"A federal district judge in Brooklyn (ED NY) ruled yesterday that confidential marketing materials belonging to Eli Lilly & Company about its top-selling anti-psychotic drug Zyprexa must be returned to the company by a doctor and a lawyer who, the...Posted by Marcia Oddi on Wednesday, February 14, 2007
Wednesday, December 06, 2006
Ind. Courts - "Ex-Clark County man to be retried for murder, rape"
Harold J. Adams writes today in the Louisville Courier Journal that begins:An Evansville judge will preside over the retrial of a former Clark County man convicted in the rape and murder of a 15-year-old Spencer County girl. Roy Lee Ward,...Posted by Marcia Oddi on Wednesday, December 06, 2006
Tuesday, December 05, 2006
Ind. Decisions - Another Supreme Court opinion just posted; turns on evidence rule
In Schultz v. Ford Motor Company, a 16-page, 5-0 opinion, Justice Sullivan writes:A jury rendered a defense verdict on plaintiffs’ product liability and negligence claims re-lating to the collapse of the roof of a Ford Explorer in a rollover accident....Posted by Marcia Oddi on Tuesday, December 05, 2006
Saturday, November 25, 2006
Ind. Decisions - More on "Court decisions ignite plea appeals"
Following up on its editorial last Sunday, Nov. 19th, the Fort Wayne Journal Gazette has a second editorial today on capped plea agreements. This one is headed "Bargains in guilty plea":Recent appeals court rulings on plea agreements tip the scales...Posted by Marcia Oddi on Saturday, November 25, 2006
Thursday, November 02, 2006
Ind. Decisions - U.S. Supreme Court denies cert in Armstrong case
An ILB entry from March 2, 2005 began:According to this story in the Princeton Daily Clarion, the Indiana Supreme Court has granted transfer in the case of Michael Armstrong v. State of Indiana, where the issue was, according to this...Posted by Marcia Oddi on Thursday, November 02, 2006
Tuesday, September 12, 2006
Ind. Decisions - 7th Circuit issues two Indiana decisions today
In McKinney, Timothy v. Duplain, Robert (SD Ind., Richard L. Young, Judge), a 28-page opinion [this is the case of the Ball State student shot by police], Circuit Judge Manion writes:Michael McKinney’s father, Timothy McKinney, as representative of Michael’s...Posted by Marcia Oddi on Tuesday, September 12, 2006
Sunday, August 13, 2006
Ind. Decisions - Summaries of Friday's decisions completed
The ILB summaries of Friday's (8/11/06) Court of Appeals and Supreme Court rulings are now completed. Access them here and here, respectively. Check the provisions concerning attorney fee arrangements in the first of the disciplinary decisions; the second is about...Posted by Marcia Oddi on Sunday, August 13, 2006
Thursday, August 10, 2006
Ind. Decisions - Nagy, et al. v. Evansville-Vanderburgh School Corporation back in local court
Nagy, et al. v. Evansville-Vanderburgh School Corporation, decided on March 30th (see ILB entry here), has led to much speculation about its meaning -- type "Nagy" in the search box to see examples. The 4-1 decision ended:In essence, the very...Posted by Marcia Oddi on Thursday, August 10, 2006
Wednesday, June 14, 2006
Ind. Decisions - Supreme Court issues five decisions today
In Jeffrey Patrick, City of Gary & City of Gary Police Department v. Richard Miresso, a 5-page opinion, Justice Dickson writes:In accordance with our decision in Quakenbush v. Lackey, 622 N.E.2d 1284 (Ind. 1993), we hold that a governmental unit...Posted by Marcia Oddi on Wednesday, June 14, 2006
Thursday, April 06, 2006
Ind. Decisions - Columnist James J. Kilpatrick features Indiana case [Updated]
An opinion piece by national columnist James J. Kilpatrick today reports on an Indiana case that I am not familiar with:Justice never will be perfectly administered. Two cases that illustrate the truism are now pending in the [US] Supreme Court...Posted by Marcia Oddi on Thursday, April 06, 2006
Saturday, March 04, 2006
Ind. Decisions - More on Indiana prison policy on sex-offender visitation
Recall that on November 10, 2005, the Indiana Supreme Court heard oral arguments in the case of Jane Doe v. J. David Donahue. An AP story at the time (quoted in this ILB entry from 11/10/05) began:A state prison policy...Posted by Marcia Oddi on Saturday, March 04, 2006
Friday, March 03, 2006
Ind. Decisions - 7th Circuit decisions today include one from Indiana
In Norfleet v. Gehrke (SD Ind., David F. Hamilton, Judge), Judge Kanne writes:Armond Norfleet suffers from arthritis. While incarcerated in a federal prison at Milan, Michigan (“Milan”), Norfleet was given certain medical treatments for his arthritis, including Naprosyn and...Posted by Marcia Oddi on Friday, March 03, 2006
Monday, October 17, 2005
Ind. Gov't. - 2nd of 3-part series on juvenile facility problems
The second of a three-part series in the South Bend Tribune, by Nancy J. Sulok, on the problems the Department of Justice has found in Indiana's juvenile prisons appears today. Some quotes:SOUTH BEND -- H. David Donahue, commissioner of the...Posted by Marcia Oddi on Monday, October 17, 2005
Friday, August 12, 2005
Ind. Decisions - More on Court throwing out BMV identification rules
Well, I've been checking to see if any of the local news services have picked up this important story yet, reported here on the ILB at 10:45 a.m. (scroll down two), but so far, no. I will post their reports...Posted by Marcia Oddi on Friday, August 12, 2005
Tuesday, March 01, 2005
Ind. Decisions - Court of Appeals posts two today
James A. Altes v. State of Indiana (3/1/05 IndCtApp) [Criminal Law & Procedure] Riley, Judge * * * Altes raises four issues on appeal, which we consolidate and restate as the following two issues: Whether the State presented sufficient evidence...Posted by Marcia Oddi on Tuesday, March 01, 2005
Tuesday, February 01, 2005
Ind. Decisions - No postings again today on the Indiana court site
The Court of Appeals site is still showing the decisions from last Friday, which is odd . . . Generally the three Court sites are refreshed each day, and if there are no new opinions, this statement is posted: "No...Posted by Marcia Oddi on Tuesday, February 01, 2005
Saturday, December 18, 2004
Indiana Decisions - Impact of bingo rulemaking decision reflected in annual Dept. of Revenue report
"Scuttled changes to bingo law yield failure and success" is the headline to a story today by Steve Walsh today in the Gary Post-Tribune. [Remember that the Trib does not archive its stories.] Some quotes from the story:The scuttled rules...Posted by Marcia Oddi on Saturday, December 18, 2004
Thursday, December 16, 2004
Indiana Decisions - 7th Circuit posts three today
PPM Finan Inc v. Norandal USA Inc (ND Ill.)Before EVANS, WILLIAMS, and SYKES, Circuit Judges. EVANS, Circuit Judge. In this commercial dispute, one creditor, Jackson National Life Insurance Company, sued another, Norandal USA, Incorporated, demanding that Norandal fork over a...Posted by Marcia Oddi on Thursday, December 16, 2004
Indiana Decisions - Court of Appeals decides four
Todd Heller, Inc. v. Indiana Department of Transportation (12/16/04 IndCtApp) [Contracts] Riley, Judge Appellant-Plaintiff, Todd Heller, Inc. (Heller Inc.), appeals a negative judgment in its breach of contract suit against Appellee-Defendant, Indiana Department of Transportation (INDOT). We reverse and remand....Posted by Marcia Oddi on Thursday, December 16, 2004
Indiana Decisions - Supreme Court decides one
Story Bed & Breakfast, LLP v. Brown County Area Plan Commission and Patricia N. March (12/16/04 IndSCt) [Zoning; Real Estate; Administrative Law] Boehm, Justice We hold that covenants imposed by the Brown County Area Plan Commission as conditions for approval...Posted by Marcia Oddi on Thursday, December 16, 2004
Indiana Government - Businesses present legislative wish list
"Businesses present legislative wish list: Like odds with GOP in control" is the headline to this story today in the Fort Wayne Journal Gazette. Some quotes:Hoosier businesses say new, Republican control of the governors mansion and both houses of the...Posted by Marcia Oddi on Thursday, December 16, 2004
Indiana Decisions - More on Dec. 14th Court of Appeals decision in Ryle v. State
Professor Douglas Berman of the well-regarded Sentencing Law and Policy Blog has thoughtful commentary/criticism of the Indiana Court of Appeals ruling this week in Kenna D. Ryle v. State of Indiana (12/14/04 IndCtApp) [Criminal Law & Procedure]. (ILB summary here...Posted by Marcia Oddi on Thursday, December 16, 2004
Wednesday, December 15, 2004
Indiana Decisions - Oral arguments tomorrow
The Indiana Supreme Court will hear oral arguments tomorrow, Thursday, 12/16/04, at 9:00 a.m., in the case of Burd Management, LLC v. State. You may watch the argument live, or archived (later of course), via this site. Here is the...Posted by Marcia Oddi on Wednesday, December 15, 2004
Indiana Decisions - Court overturns verdict against DePauw
"Court overturns verdict against DePauw" is the headline to this AP story this afternoon posted on the Indianapolis Star website. Some quotes:GREENCASTLE, Ind. -- The Indiana Court of Appeals overturned a jury's verdict finding that DePauw University had improperly punished...Posted by Marcia Oddi on Wednesday, December 15, 2004
Indiana Decisions - 30 Allen County charity groups� tax exemption cut
"30 charity groups tax exemption cut" is the headline to this story today in the Fort Wayne Journal Gazette. Some quotes:Almost 30 Allen County service organizations must begin paying taxes on property worth $17 million in 2005 after their tax...Posted by Marcia Oddi on Wednesday, December 15, 2004
Indiana Decisions - Court of Appeals posts three today
Jimmie L. Woodley, Allstate Insurance v. Ted & Rosella Fields (12/15/04 IndCtApp) [Insurance] Sharpnack, Judge Allstate Insurance Company (Allstate) appeals the trial courts orders: (1) denying Allstates motion for relief from default judgment; (2) denying Allstates motion for partial summary...Posted by Marcia Oddi on Wednesday, December 15, 2004
Indiana Decisions - 7th Circuit posts two today
USA v. Bernitt, Alan (ED Wis.) McKinney Restoration v. IL Dist Council 1 (ND Ill.)...Posted by Marcia Oddi on Wednesday, December 15, 2004
Tuesday, December 14, 2004
Indiana Decisions - 2 from Court of Appeals, 2 from Tax Court
Foster R. Milligan v. State of Indiana (12/14/04 IndCtApp) [Criminal Law & Procedure] Crone, Judge * * * Milligan presents one issue for our review, which we restate as whether his sentence violates the Sixth Amendment. * * * Milligan...Posted by Marcia Oddi on Tuesday, December 14, 2004
Indiana Decisions - 7th Circuit posts one
Pierson, Robert J. v. Hartley, William (ND Ind., Robert L. Miller, Jr., Chief Judge)Before POSNER, KANNE, and ROVNER, Circuit Judges. ROVNER, Circuit Judge. Robert J. Pierson, an inmate of the Indiana State Prison, was assaulted by fellow inmate Jeremy Wilkinson...Posted by Marcia Oddi on Tuesday, December 14, 2004
Indiana Decisions - Sonitrol owes $1 million to murder victim's child
"Sonitrol owes $1 million to murder victim's child" is the headline to this story today in the Muncie StarPress. Some quotes:MUNCIE - Sonitrol Security Systems of Muncie was partly responsible for the death of Michael Young, a 33-year-old liquor store...Posted by Marcia Oddi on Tuesday, December 14, 2004
Indiana Decisions - Court flips 20-year-old conviction
"Court flips 20-year-old conviction: No proof found that accused burglar was told his rights before pleading guilty" is the headline to this Niki Kelly story this morning in the Fort Wayne Journal Gazette. Some quotes:INDIANAPOLIS More than 20 years...Posted by Marcia Oddi on Tuesday, December 14, 2004
Monday, December 13, 2004
Indiana Decisions - Three today from Court of Appeals
Nancy E. Prewitt v. State of Indiana (12/13/04 IndCtApp) [Criminal Law & Procedure] Baker, Judge This case illustrates what happens when the State engages in a pattern of withholding exculpatory and material evidence from a defendant prior to trial. Appellant-defendant...Posted by Marcia Oddi on Monday, December 13, 2004
Indiana Decisions - 7th Circuit posts 2 today
Bensky, David L. v. Powell, Colin L. (WD Wis.)Before FLAUM, Chief Judge, and CUDAHY and POSNER, Circuit Judges. POSNER, Circuit Judge. In 1964, David Bensky, a nativeborn citizen of the United States, became a citizen of Israel and enlisted in...Posted by Marcia Oddi on Monday, December 13, 2004
Friday, December 10, 2004
Indiana Decisions - Court of Appeals posts two today
Michael Davis v. State of Indiana (12/10/04 IndCtApp) [Criminal Law & Procedure] Sullivan, Judge Michael Davis appeals his conviction for Battery Resulting in Serious Bodily Injury, a Class C felony. Upon appeal, Davis presents the following issues which we restate...Posted by Marcia Oddi on Friday, December 10, 2004
Indiana Decisions - Tax Court posts one today
Indianapolis Osteopathic Hospital, Inc. d/b/a Westview Hospital and Health Institute of Indiana, Inc. v. Department of Local Government Finance (12/9/04 IndTaxCt) [Property Tax] Fisher, J.Indianapolis Osteopathic Hospital, Inc., d/b/a Westview Hospital (Westview), and Health Institute of Indiana, Inc. (HII) (collectively,...Posted by Marcia Oddi on Friday, December 10, 2004
Indiana Decisions - Supreme Court posts one today
Travis L. Stephens v. State of Indiana (12/10/04 IndSCt) [Criminal Law & Procedure] Sullivan, Justice Defendant Travis Stephens was sentenced to ten years in prison, with four years of that sentence suspended to probation. After serving the time in prison,...Posted by Marcia Oddi on Friday, December 10, 2004
Indiana Decisions - 7th Circuit posts one
Alimi, Selman v. Ashcroft, John (Petitions for Review of Orders of the Board of Immigration Appeals)An immigration case, petitions for review of the Board's orders are denied....Posted by Marcia Oddi on Friday, December 10, 2004
Thursday, December 09, 2004
Indiana Decisions - 4 new postings by Court of Appeals
William H. Tobin v. Saul I. Ruman, et al (12/9/04 IndCtApp) [Contracts; Employment Law] Baker, Judge In light of the issues discussed above, we conclude that the trial court: (1) erred in granting summary judgment on Count VI because the...Posted by Marcia Oddi on Thursday, December 09, 2004
Indiana Decisions - 7th Circuit posts one
USA v. Gilbert, Stanley (SD Ind., Sarah Evans Barker, Judge)* * * Gilbert raises a number of challenges on appeal, but the dispositive one concerns the admission at trial of pre-trial statements made to police officers by Gilberts wife, Sherese...Posted by Marcia Oddi on Thursday, December 09, 2004
Wednesday, December 08, 2004
Indiana Decisions - 7th Circuit posts one today
Bassiouni, Mahmoud C v. CIA (ND Ill.)Before POSNER, EASTERBROOK, and SYKES, Circuit Judges. EASTERBROOK, Circuit Judge. Professor M. Cherif Bassiouni, a member of DePaul Law Schools faculty since 1964, is the head of DePauls International Human Rights Law Institute and...Posted by Marcia Oddi on Wednesday, December 08, 2004
Indiana Decisions - Court of Appeals posts two today
Metropolitan School District of Lawrence Township v. M.S. (12/8/04 IndctApp) [ ] Sharpnack, Judge Metropolitan School District of Lawrence Township (School) appeals from the trial courts denial of its motion for summary judgment and the grant of a cross-motion for...Posted by Marcia Oddi on Wednesday, December 08, 2004
Tuesday, December 07, 2004
Indiana Decisions - 7th Circuit posts four today
Details maybe later ... Tegtmeier, Allen v. Midwest Operat Pension Trust Fund (ND Ill.) Filipovic, Momcilo v. K & R Express (ND Ill.) Kuqo, Arben v. Ashcroft, John (On Petitions for Review of an Order of the Board of Immigration...Posted by Marcia Oddi on Tuesday, December 07, 2004
Indiana Decisions - Three today from Court of Appeals
Board of Directors of the Bass Lake Conservancy District v. Susan & John Brewer (12/7/04 IndCtApp) [Municipal Law] Baker, Judge Appellant-defendant, The [Bass Lake Board], appeals the trial courts grant of summary judgment in favor of [the Brewers]. Specifically, the...Posted by Marcia Oddi on Tuesday, December 07, 2004
Indiana Decisions - Two today from the Supreme Court
Afredo D. Ruiz v. State of Indiana (12/7/04 IndSCt) [Criminal Law & Procedure] Boehm, Justice Afredo D. Ruiz, was sentenced to the maximum of twenty years after pleading guilty to child molestation, a Class B felony. The presumptive sentence for...Posted by Marcia Oddi on Tuesday, December 07, 2004
Monday, December 06, 2004
Indiana Decisions - 7th Circuit posts four today
Boriboune, Souvannas v. Berge, Gerald (WD Wis.)Before BAUER, POSNER, and EASTERBROOK, Circuit Judges. EASTERBROOK, Circuit Judge. Four inmates of Wisconsins top-security prison filed this suit under 42 U.S.C. 1983 and asked the district judge to allow them to proceed in...Posted by Marcia Oddi on Monday, December 06, 2004
Indiana Decisions - One today from Court of Appeals
Steven V. Wright v. State of Indiana (12/6/04 IndCtApp) [Criminal Law & Procedure] Baker, Judge Appellant-defendant Steven Wright appeals from his convictions for Neglect of a Dependent, a class B felony, and Battery, a class B felony, and from the...Posted by Marcia Oddi on Monday, December 06, 2004
Friday, December 03, 2004
Indiana Decisions - Report on oral argument yesterday in Evansville police pension case
As noted in this ILB entry on Wednesday, the Indiana Supreme Court on Thursday heard oral arguments in Fraternal Order of Police v. Evansville. The Evanville Courier & Press today has a story on the argument, reported by Jennifer Whitson....Posted by Marcia Oddi on Friday, December 03, 2004
Indiana Decisions - 7th Circuit posts one today
USA v. Montgomery, Valentin (ND Ill.)Before BAUER, KANNE, and WOOD, Circuit Judges. WOOD, Circuit Judge. Each Labor Day weekend, Rockford, Illinois, hosts its annual On the Waterfront event, which organizers proudly describe as the grand-daddy of summer festivals. In September...Posted by Marcia Oddi on Friday, December 03, 2004
Thursday, December 02, 2004
Indiana Decisions - 7th Circuit posts seven
Lawrence, Darrick A. v. Kenosha County (ED Wis.)Before POSNER, KANNE, and WILLIAMS, Circuit Judges. KANNE, Circuit Judge. As he attempted to exit the parking lot following a concert, Darrick Lawrence was involved in an altercation with Louis Vena, a Kenosha...Posted by Marcia Oddi on Thursday, December 02, 2004
Wednesday, December 01, 2004
Indiana Decisions - Case on Fort Wayne Airport Board Could Affect Hundreds of Laws
[Updated] Here is a longer version of the AP story quoted below. "Case on Fort Wayne Airport Board Could Affect Hundreds of Laws" is the headline to a brief AP story today on the WISHTV Indianapolis site:The Indiana Supreme Court...Posted by Marcia Oddi on Wednesday, December 01, 2004
Indiana Decisions - 7th Circuit issues 4 today
Details may follow ... Williams, Paul v. Sims, Larry (ND Ill.) Sarver, Lloyd v. Experian Info Solutions (ND Ill.) IN RE: SEARCH OF 2847 EAST HIGGINS ROAD, ELK GROVE VILLAGE, ILLINOIS (ND Ind., Ronald A. Guzmn, Judge) Global Relief v....Posted by Marcia Oddi on Wednesday, December 01, 2004
Indiana Decisions - Three today from Court of Appeals
Joan Ketchmark, et al. v. Northern Indiana Public Service Company (12/1/04 IndCtApp) [Torts] Vaidik, Judge In this interlocutory appeal, Paul and Joan Ketchmark appeal the grant of summary judgment to Northern Indiana Public Service Company (NIPSCO) on the Ketchmarks claim...Posted by Marcia Oddi on Wednesday, December 01, 2004
Indiana Decisions - Judge awards $16 million to medical malpractice victim
"Judge awards $16 million to medical malpractice victim" is the headline to this story today in the Gary Post Tribune. More:CROWN POINT A Gary woman, who was twice failed by the Merrillville medical community in 1995 and 1996, sued...Posted by Marcia Oddi on Wednesday, December 01, 2004
Tuesday, November 30, 2004
Indiana Decisions - Ten posted today by the Court of Appeals
Old Romney Dev. Co. v. Tippecanoe County and State of Indiana (11/30/04 IndCtApp) [Real Estate; Takings] Bailey, Judge * * * Old Romney raises one issue on appeal, which we restate as whether the trial court erroneously granted summary judgment...Posted by Marcia Oddi on Tuesday, November 30, 2004
Indiana Decisions - 7th Circuit posts one
Monetta Finan Inc v. SEC (On Petition for Review of an Order of the Securities Exchange Commission)Before RIPPLE, KANNE, and WILLIAMS, Circuit Judges. WILLIAMS, Circuit Judge. Monetta Financial Services, Inc. (MFS), a registered investment adviser, and its president, Robert Bacarella,...Posted by Marcia Oddi on Tuesday, November 30, 2004
Indiana Decisions - STAR editorial on last week's visitation rights ruling
The Indianapolis Star editorializes this morning on last week's Court of Appeals ruling: In Re: A.B. v. S.B, stating:Strike out the mention of King's sexual orientation or how her child was conceived -- with the help of her brother --...Posted by Marcia Oddi on Tuesday, November 30, 2004
Indiana Decisions - U.S. Supreme Court rejects appeal of 25-year-old murders
As reported in this AP story yesterday:WASHINGTON -- The Supreme Court refused today to review an appeal from an Indiana death row inmate convicted in the killings nearly 25 years ago of two young children and their parents. The court...Posted by Marcia Oddi on Tuesday, November 30, 2004
Monday, November 29, 2004
Indiana Decisions - Three posted today by Court of Appeals
Lola Reum v. Marcia Mercer (Nov. 29, 2004 IndCtApp) [Real Estate; Statutory Construction] Najam, Judge Lola Reum appeals the trial courts judgment in favor of Marcia Mercer on Mercers complaint alleging fraud in the sale of Reums home. Reum presents...Posted by Marcia Oddi on Monday, November 29, 2004
Indiana Decisions - 7th Circuit posts one
USA v. Allen, Anthony D. (ND Ind., William C. Lee, Judge)Before WOOD, EVANS, and WILLIAMS, Circuit Judges. WILLIAMS, Circuit Judge. A jury convicted defendant Anthony Allen of burglarizing the Standard Federal Bank in violation of 18 U.S.C. 2113(a) and...Posted by Marcia Oddi on Monday, November 29, 2004
Saturday, November 27, 2004
Indiana decisions - Court extends rights to gay mom
"Court extends rights to gay mom: Judges prod lawmakers to address family issues raised by new social reality and reproductive technology." That is the headline to this front-page story today in the Indianapolis Star, reporting on the decision of an...Posted by Marcia Oddi on Saturday, November 27, 2004
Wednesday, November 24, 2004
Indiana Decisions - 7 more decisions posted today by the Court of Appeals, matching yesterday's total
Kelli Jo Trusley v. State of Indiana (11/24/04 IndCtApp) [Criminal Law & Procedure] May, Judge Kelli Jo Trusley entered a plea of guilty to reckless homicide, a Class C felony. The trial court sentenced her to eight years, with two...Posted by Marcia Oddi on Wednesday, November 24, 2004
Indiana Decisions - 7th Circuit posts three, inlcuding one on political hiring
Killinger, David v. Johnson, Don (CD Ill.)Before FLAUM, Chief Judge, and COFFEY and KANNE, Circuit Judges. FLAUM, Chief Judge. Plaintiff-appellant David Killinger owns a bar and restaurant in the Village of Port Byron, Illinois. Because plaintiffs establishment allegedly had sold...Posted by Marcia Oddi on Wednesday, November 24, 2004
Indiana Decisions - More on what constitutes an accident per IC 9-26-1-1
As reported here (2nd case) in the ILB, the Court of Appeals yesterday decided the case of Michael Armstrong v. State of Indiana, where the issue was: When a passenger jumped from defendant Armstrongs moving vehicle and was injured as...Posted by Marcia Oddi on Wednesday, November 24, 2004
Tuesday, November 23, 2004
Indiana Decisions - 7 today from the Court of Appeals
Accelerated Benefits Corp., et al. v. Marshall L. Peaslee (11/23/04 IndCtApp) [Securities; Contracts] Ratliff, Senior Judge * * * Based upon the foregoing discussion and authorities, we conclude that the trial court properly entered summary judgment in favor of Peaslee...Posted by Marcia Oddi on Tuesday, November 23, 2004
Indiana Decisions - One from Supreme Court
In the Matter of Mark Eugene Small (11/23/04 IndSCt) [Attorney Disciplinary] Per Curiam We find today that Respondent Mark Eugene Smalls mismanagement of his attorney trust account warrants his suspension from the practice of law in this state for six...Posted by Marcia Oddi on Tuesday, November 23, 2004
Monday, November 22, 2004
Indiana Decisions - 7 posted today by Court of Appeals
Donald J. DeSalle v. Barbara S. DeSalle Gentry (11/22/04 IndCtApp) [Family Law] Riley, Judge * * * Based on the foregoing, we find that the trial court properly divided the marital assets between DeSalle and Gentry, with the exception of...Posted by Marcia Oddi on Monday, November 22, 2004
Indiana Decisions - 7th Circuit posts two today
Cronus Projects LLC v. Mortgage Electonic (ND Ill.)Before EASTERBROOK, MANION, and SYKES, Circuit Judges. EASTERBROOK, Circuit Judge. Mortgage Electronic Registration Systems (MERS) filed this suit under the diversity jurisdiction to collect $306,000 owed by James and Laura Estrella on a...Posted by Marcia Oddi on Monday, November 22, 2004
Friday, November 19, 2004
Indiana Decisions - 7th Circuit posts five
Details may follow ... ANR Pipeline Company v. Davis, Brian E. (WD Wis.) USA v. Flowers, Katherine A (SD Ill.) Interesting case. Cole, Oneta S. v. US Capital Inc (ND Ill.) Luckie, Colette v. Ameritech Corp (ND Ill.) Joshi, Kalpana...Posted by Marcia Oddi on Friday, November 19, 2004
Thursday, November 18, 2004
Indiana Decisions - Four from the Court of Appeals
Leonard Proffit v. State of Indiana (11/18/04 IndCtApp) [Criminal Law & Procedure] Sullivan, Judge Following a jury trial, Appellant, Leonard Proffit, was convicted of one count of Voluntary Manslaughter, a Class A felony, and one count of Robbery as a...Posted by Marcia Oddi on Thursday, November 18, 2004
Indiana Decisions - 7th Circuit posts one
Bieghler, Marvin v. McBride, Daniel R. (SD Ind., Larry J. McKinney, Chief Judge)Before KANNE, ROVNER, and EVANS, Circuit Judges. EVANS, Circuit Judge. * * * For all these reasons, the judgment of the district court denying Bieghlers petition for a...Posted by Marcia Oddi on Thursday, November 18, 2004
Wednesday, November 17, 2004
Indiana Decisions - Hess v. Indiana Tested Limits of Free Speech During Wartime
A newswire report today on the Boston Globe website reports on an important decision from the 70s, Hess v. Indiana. Some quotes from the story:BLOOMINGTON, Ind., Nov. 17 (AScribe Newswire) -- It would turn out to be an innocent use...Posted by Marcia Oddi on Wednesday, November 17, 2004
Indiana Decisions - Six posted today by Court of Appeals
Ann & Jeff Willis v. Christopher Westerfield (11/17/04 IndCtApp) [Torts] [Opinion on Rehearing] Vaidik, Judge On rehearing, the Willises raise three issues, one of which we find dispositive; namely, whether the trial court erred by instructing the jury on the...Posted by Marcia Oddi on Wednesday, November 17, 2004
Indiana Decisions - 7th Circuit posts two
Beach, Randall A. v. Commonwealth Edison (Petition for Rehearing and Rehearing En Banc)Before POSNER, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, WOOD, EVANS, WILLIAMS, and SYKES, Circuit Judges. Plaintiff-appellee filed a petition for rehearing and rehearing en banc on September 7, 2004....Posted by Marcia Oddi on Wednesday, November 17, 2004
Environment - Proposed Mallard Lake Landfill in the news again
"Judge reinstates landfill permit" is the headline to this story today in the Muncie Star-Press. Some quotes:ANDERSON - A state environmental law judge has ruled in favor of J.M. Corp. in its quarter-century struggle to build the proposed Mallard Lake...Posted by Marcia Oddi on Wednesday, November 17, 2004
Tuesday, November 16, 2004
Indiana Decisions - 7th Circuit posts one
Anthony Rashiah, S. v. Ashcroft, John (Petitions for Review of Orders of the Board of Immigration Appeals)Before FLAUM, Chief Judge, and RIPPLE and WILLIAMS, Circuit Judges. FLAUM, Chief Judge. Petitioners George Malcom Anthony Rashiah, his wife Salomi, and their daughter...Posted by Marcia Oddi on Tuesday, November 16, 2004
Indiana Decisions - One today from Court of Appeals
Ronald J. Lampitok v. State of Indiana (11/16/04 IndCtApp) [Criminal Law & Procedure] Kirsch, Judge Following a jury trial, Ronald J. Lampitok appeals his conviction for carjacking, See footnote a Class B felony, raising the following restated issues: I. Whether...Posted by Marcia Oddi on Tuesday, November 16, 2004
Indiana Decisions - [Updated] Judge Barker dismisses securities fraud lawsuit against Guidant Corp.
The Indianapolis Star has just posted a story on its website headlined "Judge tosses lawsuit against Guidant: Shareholders of the Indianapolis-based medical device firm had sued over cover-up of problems with an abdominal aortic graft." Some quotes:A federal judge in...Posted by Marcia Oddi on Tuesday, November 16, 2004
Monday, November 15, 2004
Indiana Decisions - OEA dismisses challenge to Blue Chip Casino water permits
Blue Chip Casino v. Nauyokas (11/12/04 OEA) Davidsen, Chief ELJ [The ELJ] finds that the Petition for Administrative Review and Petition for Stay of Effectiveness is dismissed involuntarily, per Ind. Trial Rule 41(B) and Ind. Code 4-21.5-3-7 for lack...Posted by Marcia Oddi on Monday, November 15, 2004
Indiana Decisions - Camm to face murder charges again
The Louisville Courier-Journal is reporting this afternoon: "David Camm to face murder charges again." Some quotes:Floyd County, Ind., Prosecutor Keith Henderson announced this afternoon that he planned to re-file charges against former state trooper David Camm in the September 2000...Posted by Marcia Oddi on Monday, November 15, 2004
Indiana Decisions - Two new Court of Appeal and one Tax Court opinions today
Aaron Reemer v. State of Indiana (11/15/04 IndCtApp) [Criminal Law & Procedure] Najam, Judge Aaron Reemer appeals his conviction for Possession of a Drug Precursor, as a Class D felony, following a bench trial. Reemer raises two issues for our...Posted by Marcia Oddi on Monday, November 15, 2004
Friday, November 12, 2004
Indiana Decisions - Two from Court of Appeals, One from Tax Court
Terry Garner v. Eric Kovalak (11/12/04 IndCtApp) [Torts] May, Judge Terry Garner appeals the small claims courts judgment in favor of Eric Kovalak. Garner raises one issue, which we restate as whether the court erred when it determined Kovalak was...Posted by Marcia Oddi on Friday, November 12, 2004
Indiana Decisions - 7th Circuit posts four
Details later. USA v. Pittman, Maurice C. (SD Ill.) Baird, Arthur P. v. Davis, Cecil (SD Ind., Larry J. McKinney, Chief Judge) Baird, Kelly v. Bd Educ Warren 205 (ND Ill.) USA v. McKee, Henry (ND Il.)...Posted by Marcia Oddi on Friday, November 12, 2004
Indiana Decisions - Judge Barker rules ELA is retroactive
In a ruling dated Wed., Nov. 10, 2004 U.S. District Judge Sarah Evans Barker has ruled that the Indiana Environmental Legal Actions statute, IC 13-30 9, is retroactive. The case is Commercial Logistics Corp. V. ACF Industries, Inc. From the...Posted by Marcia Oddi on Friday, November 12, 2004
Thursday, November 11, 2004
Indiana Decisions - Yesterday's Blakely-related arguments before the Indiana Supreme Court
Yesterday morning the Indiana Supreme Court heard oral arguments in two cases: Bruce Grant Heath v. State, and Adolphe Smylie v. State, with the focus being on the impact of the U.S. Supreme Court's decision in Blakely v. Washington on...Posted by Marcia Oddi on Thursday, November 11, 2004
Wednesday, November 10, 2004
Indiana Decisions - Four today from Court of Appeals
China Ann Long v. Phillip Barrett, et al (11/10/04 IndCtApp) [Torts] Darden, Judge China A. Long ("Long") appeals the trial court's order granting summary judgment to Phillip Barrett, Richard Davidson, John K. White and Deena Pattingill (collectively, "the defendants") on...Posted by Marcia Oddi on Wednesday, November 10, 2004
Indiana Law - LaPlante Concedes House District 46 Election
The Nov. 5th Indiana Law Blog entry, titled "Is the jury still out on District 46? Who is the jury?" concludes:Before the election, it was thought by many that control of the House of Representatives might rest upon which way...Posted by Marcia Oddi on Wednesday, November 10, 2004
Indiana Decisions - 7th Circuit posts one
Cygan, Lori v. WI Dept Corrections (ED Wis.)Before BAUER, MANION, and KANNE, Circuit Judges. BAUER, Circuit Judge. After the termination of her employment at the Wisconsin Department of Corrections (DOC) facility in Green Bay, plaintiff Lori Cygan filed a lawsuit...Posted by Marcia Oddi on Wednesday, November 10, 2004
Tuesday, November 09, 2004
Indiana Decisions - Three today from the Supreme Court
Richard L. Francis v. State of Indiana (11/9/04 IndSCt) [Criminal Law & Procedure] Sullivan, Justice Defendant Richard L. Francis was charged with and pled guilty to child molesting. The sentencing court enhanced the presumptive sentence of 30 years applicable here...Posted by Marcia Oddi on Tuesday, November 09, 2004
Indiana Decisions - Three from Court of Appeals, one from Tax Court
Darald Carew v. State of Indiana (11/9/04 IndCtApp) [Criminal Law & Procedure] Vaidik, Judge Darald W. Carew appeals the denial of his petition for post-conviction relief. Specifically, Carew contends that his appellate counsel was ineffective for failing to challenge on...Posted by Marcia Oddi on Tuesday, November 09, 2004
Indiana Decisions - 7th Circuit posts one today
U.S. v. Timothy Stewart (SD Ind., Richard L. Young, Judge)Before EVANS, WILLIAMS, and SYKES, Circuit Judges. SYKES, Circuit Judge. Timothy Stewart was convicted by a jury of armed bank robbery and use of a firearm during a crime of violence....Posted by Marcia Oddi on Tuesday, November 09, 2004
Indiana Decisions - [Updated] Impact of Apprendi and Blakely on Indiana juries
The Munster Times has a somewhat confusing story today titled "Jurors gaining more power: Judges lose final say in death cases and maybe more." Some quotes:The federal jury had the final say this past week when it decided to sentence...Posted by Marcia Oddi on Tuesday, November 09, 2004
Indiana Decisions - More on status of Camm v. State
As reported in this ILB entry last Friday, quoting from the Louisville Courier-Journal: "The Indiana Supreme Court has refused to review a lower court's decision that overturned the murder convictions of former state trooper David Camm." More today from the...Posted by Marcia Oddi on Tuesday, November 09, 2004
Monday, November 08, 2004
Indiana Decisions - Oral arguments re application of Blakely to Indiana set for Wednesday
Don't forget. Two cases raising Blakely v. Washington issues and granted transfer by the Indiana Supreme Court, Bruce Grant Heath v. State, and Adolphe Smylie v. State, are set for oral argument starting at 9 a.m. on Wednesday, Nov. 10th....Posted by Marcia Oddi on Monday, November 08, 2004
Indiana Decisions - One Court of Appeals decision posted today
Frederick Moffitt v. State of Indiana (9/23/04 IndCtApp) [Criminal Law & Procedure] [Note: The docket shows that on 11/4/04 the Supreme Court denied transfer and on 11/5/04 the Court of Appeals granted Appellee's motion for publication of the hitherto NFP...Posted by Marcia Oddi on Monday, November 08, 2004
Friday, November 05, 2004
Indiana Decisions - Court of Appeals posts five
George E. Goodwine v. J. William Goodwine, et al. (11/5/04 IndCtApp) [Trusts & Estates] Baker, Judge Appellant-plaintiff George E. Goodwine (Goodwine) appeals the trial courts judgment against him and in the favor of appellees-defendants J. William Goodwine and Edward Kristoff...Posted by Marcia Oddi on Friday, November 05, 2004
Indiana Decisions - 7th Circuit posts five
Details later ... Taco Bell Corp v. Continental Casualty (ND Ill.) Cigan, Corrine v. Chippewa Falls School District (WD Wis.) Butts, Celestine v. Aurora Health Care (ED Wis.) Matz, Robert v. Household Int'l Tax (ND Ill.) USA v. Rogers, Theodore...Posted by Marcia Oddi on Friday, November 05, 2004
Thursday, November 04, 2004
Indiana Decisions - 7th Circuit posts four today
Smith, Randy v. Northeastern IL Univ (ND Ill.)Before BAUER, WOOD, and WILLIAMS, Circuit Judges. WILLIAMS, Circuit Judge. Plaintiffs Randy Smith, Victoria Guerrero, Ann Weaver and Elbert Lee Reeves filed suit against defendants Northeastern Illinois University (Northeastern), Gerald Leenheer, and Kevin...Posted by Marcia Oddi on Thursday, November 04, 2004
Indiana Decisions - Three decisions posted by Court of Appeals today
Shane Daugherty v. Sherry Daugherty (11/4/04 IndCtApp) [Family Law] Hoffman, Senior Judge Respondent-Appellant Shane Daugherty (Husband) appeals the trial courts division of property in the dissolution of the marriage between Husband and Petitioner-Appellee Sherry Daugherty (Wife). We reverse and remand...Posted by Marcia Oddi on Thursday, November 04, 2004
Wednesday, November 03, 2004
Indiana Decisions - 7th Circuit posts five today
USA v. Fish, Jeremy (ED Ill.)Before EVANS, WILLIAMS, and SYKES, Circuit Judges. SYKES, Circuit Judge. Jeremy Fish pled guilty to a charge of assault with a dangerous weapon and was sentenced to 37 months imprisonment. In this appeal, he challenges...Posted by Marcia Oddi on Wednesday, November 03, 2004
Indiana Decisions - Court of Appeals posts two today
Kevin Ware v. State of Indiana (11/3/04 IndCtApp) [Criminal Law & Procedure] Riley, Judge Appellant-Defendant, Kevin Ware (Ware), appeals his convictions for sexual misconduct with a minor as a Class B felony, Ind. Code 35-42-4-9(a)(1); and sexual misconduct with...Posted by Marcia Oddi on Wednesday, November 03, 2004
Tuesday, November 02, 2004
Indiana Decisions - 7th Circuit posts three today
USA v. Arnold, Terrell* (ND Ind., Rudy Lozano, Judge)Before CUDAHY, RIPPLE, and WOOD, Circuit Judges. WOOD, Circuit Judge. Terrell Arnold, Jr., pleaded guilty to possession of a firearm by a felon under 18 U.S.C. 922(g)(1) pursuant to a conditional plea...Posted by Marcia Oddi on Tuesday, November 02, 2004
Monday, November 01, 2004
Indiana Decisions - One new decision posted today by Court of Appeals
K.S. v. State of Indiana (11/1/04 IndCtApp) [Opinion on Rehearing] Barnes, JudgeThe State has filed a petition for rehearing requesting that we reconsider our decision in K.S. v. State, 807 N.E.2d 769 (Ind. Ct. App. 2004). We grant the petition...Posted by Marcia Oddi on Monday, November 01, 2004
Indiana Decisions - 7th Circuit posts three
Mamedov, Jannet v. Ashcroft, John D. (On Petitions for Review of an Order of the Board of Immigration Appeals)Before POSNER, KANNE, and WOOD, Circuit Judges. POSNER, Circuit Judge. The Mamedov family was ordered removed after its claim for asylum was...Posted by Marcia Oddi on Monday, November 01, 2004
Sunday, October 31, 2004
Indiana Decisions - Impact of Blakely v. Washington in Indiana focus of story today
"Although 27-year-old Bruce G. Heath was released from prison in August, his appeal might change the Indiana judicial system." That is the lead to this story today in the Fort Wayne Journal Gazette, headlined "Enhanced sentences in question: Supreme Court...Posted by Marcia Oddi on Sunday, October 31, 2004
Friday, October 29, 2004
Indiana Decisions - Three today from Court of Appeals
Kimberly Barclay, et al. v. State Auto Insurance Companies (10/29/04 IndCtApp)[Insurance] SHARPNACK, Judge Kimberly Barclay (Kimberly) and Andrew Newton appeal the trial courts grant of summary judgment to State Auto Insurance Companies, f/k/a Meridian Mutual Insurance Company (State Auto). Kimberly...Posted by Marcia Oddi on Friday, October 29, 2004
Indiana Decisions - Supreme Court's schedule for November 2004
Here is the Supreme Court's schedule for November 2004....Posted by Marcia Oddi on Friday, October 29, 2004
Indiana Decisions - 7th Circuit posts three today
Worldwide Street Preachers' Fellowship v. Peterson, Bart (SD Ind., John Daniel Tinder, Judge)Before CUDAHY, RIPPLE and EVANS, Circuit Judges. RIPPLE, Circuit Judge. Worldwide Street Preachers Fellowship and its members (collectively SPF) filed an action pursuant to 42 U.S.C. 1983...Posted by Marcia Oddi on Friday, October 29, 2004
Indiana Decisions - More on The latest chapter in the District 46 saga
As noted late yesterday (scroll down 5), the Court of Appeals at 6 p.m. last evening granted the LaPlante/Republican Party's motion for a stay of the Vigo County court order. Here is the Terre Haute Tribune-Star's report today. Some quotes:An...Posted by Marcia Oddi on Friday, October 29, 2004
Thursday, October 28, 2004
Indiana Decisions - The latest chapter in the District 46 saga [Updated]
I have just received a copy of this press release from attorney James Bopp, Jr., counsel for the Republican Party:Indiana Court of Appeals Stays Vigo Superior Court Preliminary Injunction Order Last Thursday, October 21, 2004, the Marion Superior Court issued...Posted by Marcia Oddi on Thursday, October 28, 2004
Indiana Decisions - Four Today from Court of Appeals
Christopher Schmidt v. State of Indiana (10/28/04 IndCtApp) [Criminal Law & Procedure] Najam, Judge * * * Although the trial court erred when it instructed the jury that it could consider Schmidts refusal to submit to a chemical breath test...Posted by Marcia Oddi on Thursday, October 28, 2004
Indiana Decisions - 7th Circuit posts three today
USA v. Eberhart, Ivan (ND Ill.)Before FLAUM, Chief Judge, and BAUER and POSNER, Circuit Judges. FLAUM, Chief Judge. Ivan Eberhart was convicted by a jury of conspiring to distribute cocaine. Eberhart subsequently moved for a judgment of acquittal or in...Posted by Marcia Oddi on Thursday, October 28, 2004
Indiana Decisions - Latest stories on the District 46 dispute
There are a handful of new stories this morning, all centered upon the Sullivan County judge's ruling yesterday on the District 46 ballot dispute, a ruling in direct conflict with the Marion County judge's ruling last week. The Marion County...Posted by Marcia Oddi on Thursday, October 28, 2004
Wednesday, October 27, 2004
Indiana Decisions - Rulings in District 46 ballot dispute
I have just received two District 46 rulings. First, here is the Court of Appeals order of Oct. 26, 2004, discussed in earlier posts, including this one and this one. Second, here is today's ruling from Vigo Superior Court, Thomas...Posted by Marcia Oddi on Wednesday, October 27, 2004
Indiana Decisions - Court of Appeals posts five today
C.L.Y. v. State of Indiana (10/27/04 IndCtApp) [Juvenile Law] Vaidik, Judge C.L.Y. appeals his adjudication as a delinquent child for committing acts that would constitute Child Molesting as a Class C felony and Attempted Child Molesting as a Class B...Posted by Marcia Oddi on Wednesday, October 27, 2004
Indiana Decisions - 7th Circuit posts five today
Baker, James A. v. Kingsley, Alfred D. (ND Ill.)Before FLAUM, Chief Judge, and COFFEY and KANNE, Circuit Judges. FLAUM, Chief Judge. Plaintiffs-appellants, individually and on behalf of all others similarly situated, initiated this suit in Illinois state court alleging that...Posted by Marcia Oddi on Wednesday, October 27, 2004
Indiana Decisions - Star story wrong in District 46 report, according to Dem attorney
I have just received an email from William Groth, attorney for the Indiana Democratic Party. He reports: The Indianapolis Star's article that you reference in your blog of today is incorrect. The court of appeals denied in part my clients'...Posted by Marcia Oddi on Wednesday, October 27, 2004
Indiana Decisions - The latest on District 46 ballot dispute
The Terre Haute Tribune Star is reporting, in a story just posted: The legal wrangling over the Republican nomination in Indiana's House District 46 continued Tuesday with a higher court ruling on one appeal and a lower court hearing over...Posted by Marcia Oddi on Wednesday, October 27, 2004
Indiana Decisions - Pabey wins court-ordered primary in East Chicago
As reported in a Gary Post Tribune story quoted in this August 25th IBL entry: The Indiana Supreme Court followed up on its Aug. 6 ruling that threw out the results of the 2003 Democratic mayoral primary [Pabey v. Pastrick]...Posted by Marcia Oddi on Wednesday, October 27, 2004
Indiana Decision - ILB has another District 46 scoop
Apparently the Indiana Law Blog had another scoop yesterday in the District 46 ballot dispute (scroll down 4) when we reported the Court of Appeal's action in the appeal. As this brief story today (headlined "Court accepts GOP choice for...Posted by Marcia Oddi on Wednesday, October 27, 2004
Tuesday, October 26, 2004
Indiana Decisions - Three today from Court of Appeals
Joshua Cowens v. State of Indiana (10/6/04 IndCtApp) [Criminal Law & Procedure] Sullivan, Judge Joshua Cowens has filed a petition for rehearing alleging that the imposition of consecutive sentences in this case was in violation of the holding in Blakely...Posted by Marcia Oddi on Tuesday, October 26, 2004
Indiana Decisions - 7th Circuit posts 3 today
Manny, Terry L. v. Central States Fund (ND Ill.) ERISA Ahmed, Nuradin v. Ashcroft, John (Petition to Review an Order of the Board of Immigration Appeals) Immigration Smith, Dollie v. Barnhart, Jo Anne B. (ED Wis.) Social Security...Posted by Marcia Oddi on Tuesday, October 26, 2004
Indiana Decisions - Even more on District 46 ballot dispute
As I posted yesterday (three entries down):The Court of Appeals was scheduled to hear arguments on Marion County Judge Gary L. Miller's ruling in the House District 46 ballot dispute at noon today [Monday]. If/when I obtain further information on...Posted by Marcia Oddi on Tuesday, October 26, 2004
Monday, October 25, 2004
Indiana Decisions - Two today from the Court of Appeals
Principle Life Insurance Co. v. Dwight Needler (10/25/04 IndCtApp) [Insurance] Barnes, Judge Case Summary. Principal Life Insurance Company (Principal) appeals the denial of its motion to correct error, which sought to set aside the trial courts grant of plaintiff Dwight...Posted by Marcia Oddi on Monday, October 25, 2004
Indiana Decisions - Even more on District 46 ballot dispute
As mentioned two entries down, the Court of Appeals was scheduled to hear arguments on Marion County Judge Gary L. Miller's ruling in the House District 46 ballot dispute at noon today. If/when I obtain further information on the argument,...Posted by Marcia Oddi on Monday, October 25, 2004
Sunday, October 24, 2004
Indiana Decisions - More on District 46 ballot dispute
As reported in this ILB entry Friday, an emergency petition to overturn Marion County Judge Gary L. Miller in the House District 46 ballot dispute was filed with the Supreme Court. Today the Munster Times reports:INDIANAPOLIS (AP) -- A judge's...Posted by Marcia Oddi on Sunday, October 24, 2004
Friday, October 22, 2004
Indiana Decisions - One Court of Appeals, Two Tax Court decisions posted today
Paul Cox v. SBC (10/22/04 IndCtApp) [ERISA; Preemption] Darden, JudgeIssue. Whether Cox's claim is pre-empted by the Employee Retirement and Income Security Act ("ERISA"), 29 U.S.C. 1001 et. seq. * * * [W]e affirm the trial court's order granting...Posted by Marcia Oddi on Friday, October 22, 2004
Indiana Decisions - Clarification of Judge Miller's ruling proposed
As reported in entries earlier this morning (scroll down), Judge Miller's ruling yesterday in the District 46 ballot dispute is being reported as voiding not only votes for the Indiana House on absentee ballots in the affected House District 46,...Posted by Marcia Oddi on Friday, October 22, 2004
Indiana Decisions - 7th Circuit posts two
Olson, Charles P. v. Northern FS Inc. (ND Ill.)Before EASTERBROOK, EVANS, and SYKES, Circuit Judges. EVANS, Circuit Judge. Early in 2001, Northern FS took a chance when it hired Jacob Bloome, a 22-year-old without any sales experience, to replace Chuck...Posted by Marcia Oddi on Friday, October 22, 2004
Indiana Decisions - More on yesterday's LaPlante ruling
Yesterday's decision by Marion County Judge Gary L. Miller in the House District 46 ballot dispute (see entry immediately below) is reported today in the Indianapolis Star in a story headlined "Legal ruling may mean vote tumult: Judge voids House...Posted by Marcia Oddi on Friday, October 22, 2004
Thursday, October 21, 2004
Indiana Decisions - Employer Not Vicariously Liable For Trade Secret Misappropriation by Employee
"Employer Not Vicariously Liable For Trade Secret Misappropriation by Employee" is the headline to this article today in Inside Business by Jay Taylor of Ice Miller. The lead:The Indiana Supreme Court has held that the Indiana Trade Secrets Act requires...Posted by Marcia Oddi on Thursday, October 21, 2004
Indiana Decisions - One state court ruling today
Federated Rural Electric Insurance Exchange v. National Farmers Union, et al. The oral argument in this case was scheduled for Tuesday, Oct. 19, but cancelled. The 3/30/04 Court of Appeals decision is here. However, it is vacated. Here is today's...Posted by Marcia Oddi on Thursday, October 21, 2004
Indiana Decisions - 7th Circuit posts two today
Wantz, Brian v. Experian Info Solutions (ND Ill.)Before FLAUM, Chief Judge, and MANION and WILLIAMS, Circuit Judges. MANION, Circuit Judge. Brian Wantz alleged that Experian Information Solutions, Incorporated, violated the Fair Credit Reporting Act, 15 U.S.C. 1681, et seq....Posted by Marcia Oddi on Thursday, October 21, 2004
Indiana Law - Running for the General Assembly in Indiana
A reader has sent this note: "Marion County Court orders LaPlante's name immediately on the ballot." The background is here in this story from the Oct. 15th Indianapolis Star:Republicans fired another legal shot Thursday in the battle over House District...Posted by Marcia Oddi on Thursday, October 21, 2004
Wednesday, October 20, 2004
Indiana Decisions - More on South Bend Boat Club ruling
The South Bend Tribune today has a story today on the status of the the Court of Appeals ruling in Millenium Club, Inc. v. Pamela Avila, et al. (6/11/04 IndCtApp). The headline: "Boat Club suits against students still pending: Some...Posted by Marcia Oddi on Wednesday, October 20, 2004
Indiana Decisions - Seven posted today by Court of Appeals
Cordell Jackson v. State of Indiana (10/20/04 IndCtApp) [Criminal Law & Procedure] Riley, JudgeSTATEMENT OF CASE. Appellant-Defendant, Cordell Jackson (Jackson), appeals his conviction for rape, a Class A felony, [IC] 35-42-4-1. We affirm. ISSUES. Jackson raises two issues on appeal,...Posted by Marcia Oddi on Wednesday, October 20, 2004
Tuesday, October 19, 2004
Indiana Decisions - One today from the Court of Appeals
Delta Airlines, et al. v. Bryan & Jennifer Cook (10/19/04 IndCtApp) [Torts; Contracts] Najam, Judge * * * The Cooks filed a small claim in Marion County against ACA, Delta, and Globe, and the court entered judgment in favor of...Posted by Marcia Oddi on Tuesday, October 19, 2004
Indiana Decisions - Two today from the Supreme Court
State of Indiana v. Kevin Starks (10/19/04 IndSCt) [Criminal Law & Procedure] Rucker, JusticeA defendant who pleads guilty to driving while suspended as an habitual traffic violator may not later challenge the plea on grounds that the underlying offense is...Posted by Marcia Oddi on Tuesday, October 19, 2004
Indiana Decisions - 7th Circuit posts four today
Richmond, Michael v. Scibana, Joseph, Warden, Federal Correctional Institution at Oxford, Wisconsin (WD Wis.)Before BAUER, EASTERBROOK, and MANION, Circuit Judges. EASTERBROOK, Circuit Judge. * * * The district court dismissed his petition because Richmond had never asked the Warden or...Posted by Marcia Oddi on Tuesday, October 19, 2004
Monday, October 18, 2004
Indiana Decisions - One today from Court of Appeals
Irwin Mortgage v. Marion County Treasurer (10/18/04 IndCtAp) [Procedure; Statute of Limitations] Friedlander, JudgeIrwin Mortgage Corporation, f/k/a Inland Mortgage Corporation (Irwin), appeals the trial courts dismissal of its complaint against the Marion County Treasurer, the Marion County Auditor, and the...Posted by Marcia Oddi on Monday, October 18, 2004
Indiana Decisions - 7th Circuit posts two (so far) today
Travis Boats v. Outboard Marine (ND Il.)Before BAUER, MANION, and KANNE, Circuit Judges. BAUER, Circuit Judge. Appellant-Creditor Travis Boats & Motors, Incorporated (Travis Boats), appeals from a bankruptcy court order that disallowed its claim in the Outboard Marine Corporation (OMC)...Posted by Marcia Oddi on Monday, October 18, 2004
Saturday, October 16, 2004
Indiana Decisions - Indiana casinos' tax bill is huge
Lesley Stedman Weidenbener of the Louisville Courier-Journal reports again today (see Oct. 2 entry, along with links to the recent Aztar and Trump decisions; see also this entry posted after the April Tax Court decision in Aztar) on the impact...Posted by Marcia Oddi on Saturday, October 16, 2004
Friday, October 15, 2004
Indiana Decisions - 7th Circuit posts five today
Tuffendsam, Barbara v. Dearborn Bd Health (SD Ind., Judge David F. Hamilton)Before POSNER, KANNE, and EVANS, Circuit Judges. POSNER, Circuit Judge. The plaintiff in this civil rights suit against a county health board and its members bought a house that...Posted by Marcia Oddi on Friday, October 15, 2004
Thursday, October 14, 2004
Indiana Decisions - Two posted by Supreme Court today
In the Matter of the Honorable Joan Kouros, Judge of the Lake Superior Court, Criminal Division 3 (10/12/04 IndSCt) [Judicial Disciplinary Action] Per Curiam.The Indiana Commission on Judicial Qualifications (Commission) has brought a disciplinary action in this Court under Article...Posted by Marcia Oddi on Thursday, October 14, 2004
Indiana Decisions - Four posted by Tax Court today
K.P. Oil, Inc. v. Madison Township Assessor (10/13/04 IndTaxCt) [Real property assessment] Fisher, JudgePetitioner K.P. Oil, Inc. (K.P. Oil) appeals the Indiana Board of Tax Reviews (Indiana Board) final determination valuing its real property for the 1997 and 1998 assessment...Posted by Marcia Oddi on Thursday, October 14, 2004
Wednesday, October 13, 2004
Indiana Decisions - Six from Court of Appeals Today
Brook T. Richards v. State of Indiana (10/13/04 IndCtApp) [Criminal Law & Procedure] Ratliff, Senior JudgeSTATEMENT OF THE CASE. Brook T. Richards appeals his conviction, of criminal confinement, a Class D felony. We affirm. THE ISSUE. Whether the evidence was...Posted by Marcia Oddi on Wednesday, October 13, 2004
Indiana Decisions - 7th Circuit posts 5 today
Ghebremedhin, Ghebre v. Ashcroft, John (On Petitions for Review of an Order of the Board of Immigration Appeals)Before POSNER, RIPPLE, and ROVNER, Circuit Judges. ROVNER, Circuit Judge. * * * Because we conclude that the evidence Ghebremedhin presented to the...Posted by Marcia Oddi on Wednesday, October 13, 2004
Monday, October 11, 2004
Indiana Law - Three constitutional amendments on the Indiana ballot
The Gary Post-Tribune reports today that Indiana voters will be presented with three proposed constitutional amendments on the Nov. 2 ballot. Here is the Trib's summary:Question 1: Taxes The one question that may draw the most attention is the proposed...Posted by Marcia Oddi on Monday, October 11, 2004
Friday, October 08, 2004
Indiana Decisons - Three today from 7th Circuit
USA v. Schreckengost, James (SD Ill.)Before EASTERBROOK, WOOD, and EVANS, Circuit Judges. EASTERBROOK, Circuit Judge. James Schreckengost removed the ink from genuine $5 bills with a chemical solution and used an inkjet printer to produce facsimiles of $100 bills on...Posted by Marcia Oddi on Friday, October 08, 2004
Thursday, October 07, 2004
Indiana Decisions -7th Circuit posts two
Sapoundjiev, Vassil v. Ashcroft, John Petition for rehearing denied. Properties Unlimited v. Cendant Mobility (ND Ill.)Before KANNE, ROVNER, and WOOD, Circuit Judges. WOOD, Circuit Judge. * * * Because Properties appeal was not filed in time, it is DISMISSED. As...Posted by Marcia Oddi on Thursday, October 07, 2004