Courts

Court puts Indiana gay marriage ruling on hold

June 27, 2014
 Associated Press
A federal appeals court on Friday put on hold a judge's order striking down Indiana's gay marriage ban, bringing same-sex marriages to a halt and leaving those who've already tied the knot in legal limbo.
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Virginia statute of limitations holds in Evansville radio purchase

June 27, 2014
Marilyn Odendahl
Nearly identical provisions in business agreements meant a media owner had to file his complaint against another communications company by the statute of limitations deadline in Virginia, not in Indiana.
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Judges, prosecutor at odds over 12-hour rule for Indy arrestees

June 27, 2014
Dave Stafford
Marion Superior judges Friday delayed enacting a policy opposed by Prosecutor Terry Curry that would ensure major felony suspects a probable cause determination within 12 hours of arrest.
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Justices end suit against Gary Railcats over foul-ball injury

June 27, 2014
Dave Stafford
A fan who suffered fractured facial bones and was blinded in one eye after she was struck by a foul ball at a Gary SouthShore Railcats baseball game may not proceed with a lawsuit against the team, the Indiana Supreme Court ruled Friday.
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Reversal holds bank’s suit on repossessed vehicle filed too late

June 27, 2014
Dave Stafford
A pro se litigant won a reversal at the Indiana Court of Appeals Friday, which ruled a trial court erred when it ruled in favor of a bank seeking to collect after a vehicle repossession.
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Ruling limits president's recess appointments

June 27, 2014
 Associated Press
The Supreme Court of the United States on Thursday limited the president's power to fill high-level administration posts with temporary appointments, ruling in favor of Senate Republicans in their partisan clash with President Barack Obama.
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Simon sues insurance companies over fatal escalator accident

June 27, 2014
Scott Olson
Simon Property Group Inc. has filed suit against two insurance companies in an attempt to recoup damages relating to an escalator accident at Circle Centre mall in 2009 that led to the death of a Texas FFA delegate.
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Deed provisions are not vague, COA rules

June 26, 2014
Jennifer Nelson
Finding that the trial court erred in construing the provision of a plaintiff’s deed in a dispute over use of parking areas, the Indiana Court of Appeals reversed the finding of the existence of a prescriptive easement allowing dance academy customers to use portions of land owned by a neighboring company for ingress and egress from the academy’s property.
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COA: Bank could charge back account after check is lost

June 26, 2014
Jennifer Nelson
A man who withdrew nearly all of the money in a bank account is personally liable to pay back that money to the bank, the Indiana Court of Appeals ruled Thursday. The bank had lost a check deposited into the account and the account holder was unable to help the bank identify the check writer to obtain a replacement check.
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10th Circuit ruling pushes gay marriage closer to Supreme Court

June 26, 2014
 Associated Press
The first ruling by a federal appeals court that states cannot prevent gay couples from marrying makes it more likely the Supreme Court of the United States will ultimately have to make a decision it has so far avoided — do states have the ability to prohibit same-sex marriage?
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Some Indiana clerks refuse to issue same-sex marriage licenses

June 26, 2014
Dave Stafford
A federal judge’s ruling declaring Indiana’s ban on same-sex marriage unconstitutional doesn’t trump a clerk’s religious convictions in one county. Elsewhere, county clerks are being instructed that it’s up to them whether they issue licenses to gay couples.
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Landlords timely delivered itemized damages notice to former tenants

June 26, 2014
Jennifer Nelson
The date a tenant provides her forwarding address to her landlord triggers the 45-day period the landlord has to deliver the itemized damages to the tenant, the Indiana Court of Appeals ruled Thursday.
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COA affirms order that child should remain in Indiana with father

June 26, 2014
Jennifer Nelson
Although the trial court erred in concluding that a Johnson County mother did not relocate to South Carolina for legitimate reasons, the court correctly ordered her son to remain in Indiana with his father, the Indiana Court of Appeals held.
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Church lacks standing to appeal order preventing erection of crosses on city property

June 26, 2014
Jennifer Nelson
An Evansville church that sought to display multiple six-foot-tall crosses along the city’s public Riverfront cannot appeal the court order that prevents the city from allowing the display, the 7th Circuit Court of Appeals ruled Wednesday.
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Clark County loses request to impose excess property tax levy

June 26, 2014
Jennifer Nelson
Noting that the Clark County Council made the conscious decision to not levy the maximum amount of property taxes allowed by statute for the 2008 budget year, it cannot now claim that decision is somehow a data error that the Department of Local Government Finance could later correct, the Indiana Tax Court ruled Wednesday.
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COA: Questions remain whether proper notice given after tax sale

June 26, 2014
Jennifer Nelson
The Indiana Court of Appeals, citing several questions of fact in a case involving a tax sale, affirmed denial of summary judgment for a mortgagee that sought to set aside the issuance of a tax deed.
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Indiana attorney general appeals marriage ruling

June 26, 2014
Marilyn Odendahl
The Office of the Indiana Attorney General is fighting Wednesday’s decision that overturned the state’s marriage law.
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Indiana attorney general appeals marriage ruling

June 25, 2014
Marilyn Odendahl
The Office of the Indiana Attorney General is fighting Wednesday’s decision that overturned the state’s marriage law.
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Marriage ruling brings Indiana same-sex couples to the courthouse

June 25, 2014
Marilyn Odendahl, Dave Stafford
Together more than eight years, Craig Bowen and Jake Miller finally got to say “I do.” The men made history June 25 when they became the first legally wed same-sex couple in Marion County. The pair went to the Marion County Clerk of the Court’s office shortly after a federal judge ruling the state’s ban on same-sex marriage was unconstitutional.
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'Get a warrant' to search cellphones, justices say

June 25, 2014
 Associated Press
In an emphatic defense of privacy in the digital age, a unanimous Supreme Court of the United States ruled Wednesday that police generally may not search the cellphones of people they arrest without first getting search warrants.
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COA orders hearing to determine juror bias against plaintiff

June 25, 2014
Jennifer Nelson
The Indiana Court of Appeals ruled that a trial court should have ordered an evidentiary hearing to determine whether a juror in an auto accident case was biased against the plaintiff instead of ordering a new trial regarding damages.
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Court correctly denied petition to expunge felony conviction

June 25, 2014
Jennifer Nelson
The Indiana Court of Appeals, citing a recent expungement case involving a misdemeanor conviction, agreed with the rationale of that panel that if a person violates the terms of probation, that person did not successfully complete his sentence.
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Judges divided over whether city attorney could participate in demolition decision

June 25, 2014
Jennifer Nelson
Two judges on the Indiana Court of Appeals Wednesday believed that a Hammond resident didn’t have the benefit of an impartial decision maker in the proceeding that ordered demolition of his property. They believed the city attorney, whose office prosecuted the case, couldn’t sit on the city board that conducted the hearing.
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COA split on retroactive application of Transfer on Death Property Act

June 25, 2014
Jennifer Nelson
The Indiana Court of Appeals agreed Wednesday that a trial court erred in concluding a promissory note executed between a mother and son is an asset of the mother’s estate, although the panel was split as to why the court erred.
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COA: Dispute with camp should be heard in White County

June 25, 2014
Jennifer Nelson
The YMCA Camp Tecumseh’s quest to stay a zoning decision that allows a confined feeding operation to set up shop next to the camp’s property should be heard in White County, not Carroll County where the camp is located, the Indiana Court of Appeals ruled.
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