Courts
Tax court rules that evidence, not conclusory statements, needed to make prima facie case
April 30, 2013
Marilyn OdendahlA doubled property value will stand because the property owner did not offer any market-based evidence when challenging the
new assessed value, the Indiana Tax Court has ruled.
MoreEvidence does not support CHINS finding
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after
finding the parents have improved their living situation that led to their three other children being removed.
MoreJudges affirm dismissal of city’s counterclaim without prejudice
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals held Tuesday that a dismissal based on the failure to provide an appraisal with an offer to purchase
property for road work improvements was not an adjudication on the merits, allowing a city’s counterclaim for appropriation
of the property to be dismissed without prejudice.
MoreRight to Farm Act bars CAFO nuisance claim, appeals court rules
April 30, 2013
Dave StaffordA Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations
to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.
MoreSuspended attorney stripped of quiet title to foreclosed home he repaired
April 30, 2013
Dave StaffordA suspended Gary attorney who was awarded a quiet title to an abandoned, foreclosed property after he entered a house without
authorization and began to maintain it was stripped of the title Tuesday by the Indiana Court of Appeals.
MoreCOA: No error in denying reckless homicide instruction
April 30, 2013
Jennifer NelsonThe evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a
lesser offense of murder, the Indiana Court of Appeals ruled.
MoreLawyers’ divorce battle divides COA on joint custody ruling
April 30, 2013
Dave StaffordA lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed
Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’
daughter.
MoreLaw firm not entitled to summary judgment on complaint seeking payment
April 30, 2013
Jennifer NelsonFinding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf
of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s
complaint for payment.
MoreSummary judgments on federal preemption are reversible error
April 30, 2013
Marilyn OdendahlThe Indiana Court of Appeals has found an exterminator and the insecticide maker should not have been granted summary judgments
on the issue of federal preemption.
MoreVincennes did not breach contract with men’s basketball coach
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded Tuesday that summary judgment should have been granted in favor of Vincennes University
on a former basketball coach’s lawsuit alleging breach of contract after the university did not renew his contract for
the following year.
MorePence signs probate, problem-solving court legislation
April 30, 2013
IL StaffGov. Mike Pence signed 25 bills into law Monday, including legislation restricting criminal background checks and changes
to probate and trust administration.
MoreHendricks Superior Court accepting applications for 2 magistrates
April 30, 2013
IL StaffThe Hendricks Superior Courts are looking to fill two magistrate positions created by the General Assembly during the recently
completed 2013 legislative session.
MoreIndianapolis officer faces more drunken-driving charges
April 30, 2013
IL StaffThe suspended Indianapolis Metropolitan Police Department officer accused of killing one motorcyclist and injuring two others
in an August 2010 crash has been arrested and charged with two misdemeanor drunken-driving offenses.
MoreMarion County Odyssey transition may cause delays
April 30, 2013
Dave StaffordCivil filings in Marion Circuit and Superior courts could experience delays after Friday when the JUSTIS case management system
will go offline pending a transition to the Odyssey CMS. Odyssey is slated to go live in the civil courts May 13.
MoreSession wraps up, bills await governor’s signature
April 29, 2013
Jennifer NelsonThe Indiana General Assembly completed its 2013 legislative session late Friday, passing a two-year budget that retroactively
eliminates the state inheritance tax and increases funding for the Department of Child Services.
MoreSCOTUS declines church property dispute case
April 29, 2013
Jennifer NelsonThe Supreme Court of the United States will not take a case involving a dispute between churches over property.
MoreBankruptcy filings drop in Indiana, U.S.
April 29, 2013
IL StaffBankruptcy filings are down 14.4 percent for the 12-month period ending March 31 as compared to the same 12-month period ending
March 31, 2012, according to statistics from the Administrative Office of the United States Courts.
More7th Circuit denies petitions seeking review of mine safety regulations
April 26, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals Friday found that the Federal Mine Safety and Health Administration acted within its statutory
and constitutional authority in demanding review of employee medical records to ensure mines were not under-reporting injuries
or illnesses.
More3 named as finalists for Allen Superior bench
April 26, 2013
IL StaffThe Allen Superior Court Judicial Nominating Commission announced Friday that Allen Superior Magistrate Judges Craig Bobay
and Jennifer DeGroote, and Barrett & McNagny LLP attorney Michael Michmerhuizen have been selected as finalists for the
judgeship that will be open as a result of Stephen Sims' retirement.
MoreChild support case presents issue of first impression
April 26, 2013
Jennifer NelsonThe Indiana Court of Appeals was presented with an issue for the first time: whether a child support order should be reduced
for the time a child is living on campus when a court has found that the child has repudiated the non-custodial parent, and
on that basis refused to enter an educational support order.
MoreCourt split over whether petition for review should be dismissed
April 26, 2013
Jennifer NelsonThe dissenting judge in a case involving the dismissal of a company’s petition for judicial review of a decision by
the Alcohol and Tobacco Commission believed the petition must be dismissed based on the language of the Administrative Orders
and Procedures Act. The majority ordered resolution of the issue on the merits.
MoreMan entitled to benefits for injuries sustained on the job
April 26, 2013
Jennifer NelsonFinding that a construction supervisor’s receipt of unemployment benefits didn’t preclude him from eligibility
for temporary total disability benefits, the Indiana Court of Appeals affirmed a total award of more than $61,000 to the injured
worker.
MoreCommunity court organizes food drive to commemorate 12th anniversary
April 26, 2013
IL StaffIndianapolis Community Court, the only community court in the state, will host a food and clothing drive April 27 for the
David S. Moore Food Pantry located in Community Court in Fountain Square.
MoreFederal civil, bankruptcy fees to increase May 1
April 26, 2013
IL StaffThe fee for filing a civil case in federal court will increase from $350 to $400 May 1. The new $50 general administrative
fee for filing a civil action, lawsuit or proceeding in a District Court was approved by the Judicial Conference of the United
States in September 2012.
MoreRat poison not yet linked to Shuai newborn death
April 25, 2013
Dave StaffordProsecutors acknowledged Thursday they could not currently provide a witness who would definitively testify that rat poison
Bei Bei Shuai ingested was the cause of her newborn’s death, for which she stands charged with murder.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.