Courts

Stable owner liable for unemployment tax, appeals court affirms

September 23, 2013
Dave Stafford
The owner of a Zionsville horse stable lost her appeal of a determination that she owed unemployment insurance tax for employees because they performed non-agricultural work.
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Bad check in exchange for loan leads to conviction

September 20, 2013
Marilyn Odendahl
A woman who got bail money from a friend by giving him a bad check failed to prove she did not purposely mislead and deceive him.
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Court cites 1827 case to affirm mortgage trumps land contract

September 20, 2013
Dave Stafford
A bank that issued a mortgage to a person selling a property on a land contract has the right to foreclose on the loan, the Indiana Court of Appeals ruled, citing caselaw nearly 200 years old.
 
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St. Thomas More Society plans Red Mass, honors for Zore

September 20, 2013
IL Staff
The St. Thomas More Society of Indianapolis will honor Marion Superior Probate Court Judge Gerald Zore with its Man for All Seasons award following its annual Red Mass on Wednesday, Oct. 9.
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Protective order reversed for lack of evidence

September 19, 2013
Dave Stafford
A divorcing woman’s protective order against her soon-to-be ex-husband was not supported by evidence, an appeals panel ruled Thursday in reversing the trial court’s order.
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Question over landlord’s actions divide Indiana Court of Appeals

September 19, 2013
Marilyn Odendahl
The Indiana Court of Appeals split over what duties a landlord has to re-lease a commercial space when the current tenant is behind on payments.
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Court reporters make push for licensing

September 19, 2013
Dave Stafford
Court reporters will make a case to a legislative commission this week that the state should set minimum standards and licensing criteria for professionals who record and compile the transcripts of judicial proceedings.
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Child’s best interest includes having father’s surname

September 19, 2013
Marilyn Odendahl
A noncustodial father’s active participation in his son’s life convinced the Indiana Court of Appeals that giving the father’s surname to the minor was in the best interest of the child.
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Dismissed foreclosure involving merged lender reinstated

September 19, 2013
Dave Stafford
A mortgage foreclosure dismissed by a Lake Superior judge was reinstated Thursday by a panel of the Indiana Court of Appeals.
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Indiana Judicial Conference convenes in Fort Wayne

September 18, 2013
IL Staff
The 2013 Annual Meeting of the Judicial Conference of Indiana started Sept. 18, with judges and magistrates from around the state gathering in Fort Wayne.
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Justices seek amicus briefs in partial consecutive sentence case

September 18, 2013
Dave Stafford
The Indiana Supreme Court wants to hear from the legal community: Are partial consecutive sentences allowable?
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Biofuels fraud cheated victims of $100M, feds say

September 18, 2013
Dan Human, IBJ Staff

Federal prosecutors announced charges Wednesday connected to a Henry County biofuel refinery as part of a massive tax and securities fraud investigation, saying the operation cheated victims out of more than $100 million.

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Receipt from mom’s cab ride does not prove son was home alone

September 18, 2013
Marilyn Odendahl
A trial court did not abuse its discretion when it excluded an undated taxi cab receipt that a LaPorte County man tried to offer as proof he did not participate in a robbery spree, the Indiana Court of Appeals has ruled. 
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Workers’ comp not sole remedy against AT&T entity for fall causing injury

September 18, 2013
Dave Stafford
A worker injured in a fall when she tripped on snow-covered legs of a construction sign placed near the AT&T building where she worked may proceed with a claim against one of the company’s corporate entities.
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Arbitrator’s unavailability will not stop arbitration from starting

September 18, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
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Lack of transcript limits review of fire damages award on appeal

September 18, 2013
Dave Stafford
A panel of the Indiana Court of Appeals rejected an appeal seeking full compensation after an Allen County fire in large part because the appealing party included no transcript of the trial court proceedings.
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Justices: Meth arrest of man at rental storage unit violated Fourth Amendment

September 18, 2013
Dave Stafford
A man’s conviction and 45-year sentence on a meth charge cannot stand because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections, a majority of the Indiana Supreme Court ruled.
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Murder confession after racially charged interrogation heads to Supreme Court

September 17, 2013
Dave Stafford
Justices of the Indiana Supreme Court agreed to review whether the confession of a man charged with murder can be used against him because it was gained during a racially charged interrogation.
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COA rules serving time at home same as serving time in prison

September 17, 2013
Marilyn Odendahl
The Indiana Court of Appeals remanded a case for a new sentencing order after a defendant successfully argued home detention counts as part of his executed sentence.  
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Tax Court rules against UPS reinsurer on case justices reversed, remanded

September 17, 2013
Dave Stafford
United Parcel Service and its reinsurance affiliates are obligated to pay about $650,000 in taxes from the years 2000 and 2001, the Indiana Tax Court held. The court previously ruled in UPS’s favor, but this opinion comes on remand from an Indiana Supreme Court reversal.
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Appeals court affirms judgment in family land-contract dispute

September 17, 2013
Dave Stafford
A trial court properly ruled that an insurance company owed no duty to a mother who sold property on contract to her son and daughter-in-law, but the son and daughter-in-law who collected proceeds from the policy do.
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Bridge complaint raises questions about governmental immunity

September 17, 2013
Marilyn Odendahl
The Indiana Court of Appeals addressed conflicting caselaw about a government’s immunity from liability before siding with the older precedent and ruling that any move to overturn that case should be left to the Indiana Supreme Court. 
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Attorney fees affirmed in trucking dispute; COA declines to bar such awards

September 17, 2013
Dave Stafford
An appellate panel Tuesday affirmed an award of attorney fees under a standard industry agreement and declined an invitation to strip Indiana trial courts of the ability to enter such judgments.
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Instructions not to letter of the law, but no harm done

September 16, 2013
Marilyn Odendahl
A trial court’s failure to give jury instructions that strictly adhered to the language contained in the Indiana Code and Indiana Jury Rule was not grounds for the Indiana Court of Appeals to overturn a guilty verdict.
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‘Illegal alien’ remark leads to attorney’s suspension; case involves embattled judge

September 13, 2013
Dave Stafford
Representing a father in a child visitation dispute, a Martinsville lawyer’s letter to opposing counsel alleging the mother was an illegal alien resulted in a 30-day suspension.
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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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