Courts

Tax Court affirms dismissal of common-property assessment appeals

September 4, 2015
Dave Stafford
A homebuilder that challenged assessment of common area parcels of land within several residential neighborhoods in Hendricks County lost its appeal at the Indiana Tax Court Friday.
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COA affirms that petition is not a fishing expedition

September 4, 2015
Marilyn Odendahl
The request to depose three elderly witnesses is not an attempt by a landowner to fish for facts, the Indiana Court of Appeals has ruled.
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Indiana Supreme Court agrees to hear Zionsville merger case

September 3, 2015
Lindsey Erdody
The Indiana Supreme Court has agreed to hear a case involving Zionsville’s ability to merge with Perry Township.
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Claims for old debt are forever barred

September 3, 2015
Marilyn Odendahl
A dissolved corporation that did not object sooner cannot now demand payment on an old debt, the Indiana Court of Appeals has ruled.
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Altice sworn in as Court of Appeals judge

September 2, 2015
IL Staff
Former Marion Superior Judge Robert R. Altice Jr. was sworn in as a judge on the Indiana Court of Appeals Wednesday by Chief Justice Loretta Rush, the court said in a statement.
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Adoption affirmed due to biological dad’s lack of communication

September 2, 2015
Dave Stafford
A child’s biological father with a long history of incarceration for crimes including burglary and forgery lost an appeal of the child’s stepfather’s adoption petition.
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CHINS ruling splits Court of Appeals

September 2, 2015
Marilyn Odendahl
A split Indiana Court of Appeals reversed a Child in Need of Services adjudication, ruling the child’s absent, out-of-state father should be presumed to be a fit and capable parent unless the state proves otherwise.
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Lack of evidence gets criminal confinement conviction dropped

September 2, 2015
Marilyn Odendahl
A Jefferson County man, convicted of beating up someone who testified against his daughter’s boyfriend, did not confine the victim during the assault, the Indiana Supreme Court has ruled.
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Justices: Commissioners may void county fire districts

September 2, 2015
Dave Stafford
The Indiana Supreme Court held Tuesday in long-running litigation out of Brown County that county commissioners in Indiana have the authority to dissolve county fire districts.
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Summary judgment denied in business owners’ tax appeal

September 2, 2015
Marilyn Odendahl
Reminding the parties that the summary judgment procedure is not a substitute for trial, the Indiana Tax Court has denied an attempt by the Indiana Department of State Revenue to end a long-running tax dispute.
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Feds: Fogle colleague pleads to exploiting 12 children

September 1, 2015
Dave Stafford
The former director of ex-Subway pitchman Jared Fogle’s anti-childhood obesity foundation sexually exploited 12 minor children in Indiana, federal authorities said Tuesday in releasing an information against Russell Taylor. Some of the children depicted in videos Taylor shared with Fogle were as young as 6, authorities said, ranging to age 14.
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Federal judge orders defiant Kentucky clerk, staff to court

September 1, 2015
 Associated Press
A county clerk in Kentucky who has invoked “God's authority” and is defying the Supreme Court of the United States by refusing to license same-sex marriage has been summoned along with her entire staff to explain to a federal judge why she should not face stiff fines or jail time.
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Admitting evidence of ‘signature’ crime was harmless error

August 31, 2015
Dave Stafford
The Indiana Court of Appeals on Monday affirmed the conviction of a man who broke into a woman’s home, severely beat her and attempted to rape her. Evidence that the man looked into the window of another woman in the neighborhood 57 days later should not have been admitted at his trial, but the error was harmless in light of DNA evidence connecting the man to the crime.
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COA affirms on rehearing ruling against revenue department

August 31, 2015
Dave Stafford
The Indiana Court of Appeals affirmed on rehearing Monday its opinion reversing summary judgment in favor of the Department of Revenue in a dispute over whether an award from a state agency in Marion County could be levied against a judgment in Marshall County.
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Lake Station mayor, wife go on trial in federal court

August 31, 2015
 Associated Press
The mayor of a northwestern Indiana city and his wife are going on trial on federal charges of conspiracy, wire fraud and filing false tax returns.
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Valpo ex-attorney Holesinger gets 10 years

August 31, 2015
Dave Stafford
Former Valparaiso attorney Clark Holesinger has been sentenced to 10 years in federal prison and ordered to pay nearly $1 million in restitution to clients he defrauded.
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Incomplete contempt orders get reversed

August 31, 2015
Marilyn Odendahl
A trial court’s multiple contempt orders against a father have been overturned after the Indiana Court of Appeals found they did not “clearly and distinctly” state the reasons for the contempt citations.
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Supreme Court opens door for Indiana Tech law students to apply for bar exam

August 31, 2015
Marilyn Odendahl
The Indiana Supreme Court has carved out an exception for Indiana Tech Law School, enabling the first graduating class to continue working toward state licensure.
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Professor’s sex discrimination claim properly tossed

August 28, 2015
Dave Stafford
An Indiana University Medical School professor’s sex discrimination claim filed after her firing was insufficient to survive summary judgment, the 7th Circuit Court of Appeals affirmed Friday.
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Expungement bid for 1975 crime fails at 7th Circuit

August 28, 2015
Dave Stafford

A career criminal lost his appeal before the 7th Circuit Court of Appeals that sought to throw out a 1975 conviction.

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7th Circuit stops collection of hospital assessment fee

August 28, 2015
Marilyn Odendahl
St. Catherine Hospital was successful in getting a reprieve from a dispute with the state of Indiana over the hospital assessment fee.  
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Court of Appeals green lights Boonville annexation

August 28, 2015
Marilyn Odendahl
The fourth time has proven to be a charm for the city of Boonville as the Indiana Court of Appeals is allowing the municipality to annex more than 1,000 acres over the objections of several landowners.
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COA affirms IURC has no jurisdiction over gas vendor

August 28, 2015
Dave Stafford
A northern Indiana business that filed a complaint with the Indiana Utility Regulatory Commission when its gas bills were higher than expected lost its appeal of the agency’s dismissal of the complaint Friday.
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Go-it-alone defendant has hard day in court

August 28, 2015
Marilyn Odendahl
A pro se defendant who changed his mind and asked for counsel mid-trial instead got a lesson in legal precedent.
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Pro se plaintiff wins appeal round vs. DOC

August 28, 2015
Dave Stafford
A pro se plaintiff who claimed property seized from him in a “strip cell” disciplinary action and wasn’t returned will have his day in court after the Indiana Court of Appeals reinstated his claim Friday.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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