Courts

COA affirms rulings in division of military pension

January 13, 2017
Dave Stafford
A man who sought to void trial court orders that granted his ex-wife a portion of his military pension lost his interlocutory appeal Friday.
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Delinquency affirmed as COA tosses timeliness appeal

January 13, 2017
Dave Stafford
The Indiana Court of Appeals Friday rejected an argument that a juvenile delinquency case should have been dismissed because a fact-finding hearing wasn’t conducted within 60 days of the delinquency petition.
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Divided COA: Man can't use RFRA to avoid taxes

January 13, 2017
Olivia Covington
A divided Indiana Court of Appeals ruled Friday that a Marion County man cannot avoid paying income taxes using a religious freedom defense, with the majority writing that the controversial Religious Freedom Restoration Act allows for the collection of taxes in the furtherance of a compelling government interest.
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Man wanted in '99 abduction, sex assault caught in Oregon

January 13, 2017
 Associated Press
A man wanted in the 1999 abduction and sexual assault of a 10-year-old girl in southern Indiana has been arrested in Oregon.
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Lilly shares rise after Alimta cancer drug patent upheld

January 13, 2017
 Bloomberg News
Eli Lilly and Co. won an appeals court ruling Thursday that upheld the validity of a patent for its lung cancer drug Alimta, helping shares rise by almost 3 percent.
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Link between addiction, criminal justice discussed with legislators

January 12, 2017
Olivia Covington
In Indianapolis, a person is more likely to die from a drug-related incident than a car crash. This and other drug-related facts where shared with the members of the Indiana House Courts and Criminal Code Committee at a meeting Wednesday. Representatives from the state’s judicial branch were invited to share progress and their concerns regarding Indiana criminal code reform with lawmakers.
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Justices consider PCR waiver in death penalty case

January 12, 2017
Olivia Covington
After a public defender failed to secure a statutorily required signature on Kevin Isom’s petition for post-conviction relief, Isom, a convicted murderer who has been sentenced to death, lost confidence in his legal team. He refused to provide his signature after the error was discovered, vowing not to sign unless he was appointed new counsel.
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Senate committee extends for $1 pro bono filing fee

January 12, 2017
Marilyn Odendahl
A bill extending the $1 additional civil filing fee to support pro bono programs sailed through a Senate committee Wednesday despite a discussion about the possibility of allowing Marion County small claims courts to keep the filing fees they collect for themselves.
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COA upholds constitutionality of CHINS reunification exception

January 12, 2017
Dave Stafford
A statute providing exceptions to the requirement that the Department of Child Services make reasonable efforts to preserve and reunify families involved in CHINS cases survived a constitutional challenge Thursday.
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COA vacates arbitration award for lack of agreement

January 12, 2017
Olivia Covington
The Indiana Court of Appeals vacated an arbitration award Thursday after determining that an arbitration agreement did not exist, thus making the arbitration proceedings between a Lake County couple and an automotive company pointless.
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Church members join in grief, anger as gunman sentenced to death

January 12, 2017
 Associated Press
Family members of the nine people Dylann Roof killed in a Charleston, South Carolina, church weren’t the only ones who suffered. Their church family grieved, too.
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Company must pay sales tax on electricity, freezer equipment

January 12, 2017
Olivia Covington
An Indiana food storage warehouse must pay sales tax on electricity and freezer equipment it purchased because such purchases are not used in the production of new, marketable goods, Indiana Tax Court Judge Martha Wentworth ruled Wednesday.
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Couple who claim bank's actions led to their divorce lose appeal

January 11, 2017
Jennifer Nelson
An Indiana attorney and her ex-husband couldn’t convince the 7th Circuit Court of Appeals that a bank violated the Real Estate Settlement Procedures Act with regards to an errant insurance payment and that alleged error led to their divorce and caused $300,000 in damages.
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VW pleads guilty in emissions scandal; 6 employees indicted

January 11, 2017
 Associated Press
Volkswagen is pleading guilty to three criminal charges and will pay $4.3 billion to the U.S. government for cheating on emissions tests and destroying evidence in an elaborate cover-up.
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COA: Revocation of sex offender’s probation was not an abuse of discretion

January 11, 2017
Olivia Covington
The Harrison Superior Court did not abuse its discretion when it revoked a convicted sex offender’s probation after he contacted people under 18 years of age and lived within one mile of his victim in violation of the terms of his probation, the Indiana Court of Appeals held Wednesday.
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State judicial leaders present budget proposals at first Ways and Means meeting

January 11, 2017
Olivia Covington
Indiana’s top judicial leaders made their cases for additional funding in the next two years on Wednesday, with the biggest funding boost requested to support continued court technology initiatives.
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Lawsuits over Trump business threaten to tie up presidency

January 11, 2017
 Associated Press
As a businessman, Donald Trump has kept the courts busy. That's hardly likely to change when he enters the Oval Office, creating an unusual and potentially serious problem for a sitting president.
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USA Gymnastics faces another suit over alleged sex abuse by doctor

January 11, 2017
 Associated Press
A doctor accused of sexually abusing gymnasts was sued Tuesday by 18 women and girls, the latest legal action over alleged assaults, mostly at his clinic at Michigan State University.
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COA upholds child support order in peculiar case involving non-biological son

January 11, 2017
Marilyn Odendahl
A divorce involving a troubled husband, unfaithful wife and a 12-year lie unraveled into a child support and paternity dispute that ended with a split Indiana Court of Appeals ordering the non-biological father to provide financial assistance. Any other ruling, the majority reasoned, would leave the minor without a dad.
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Indianapolis, billboard company reach court agreement over digital signs

January 11, 2017
IBJ Staff
Billboard company GEFT Outdoor LLC and the city of Indianapolis have agreed to a court settlement that will allow the company to operate two local digital billboards while sparing the city any financial liability for a former sign ordinance that was found to be unconstitutional.
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Critics blast Marion County judge-selection proposals

January 11, 2017
Dave Stafford
Legislation assuring partisan balance on the bench has key stakeholder and lawmaker support.
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Supreme Court, Legislature leave police body camera statute as is

January 11, 2017
Marilyn Odendahl
Prosecutors say releasing police video will violate Indiana Rules of Professional Conduct.
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Initiative leads to fewer juvenile delinquency filings

January 11, 2017
Olivia Covington
The number of youths finding themselves in the court system has been on a downward trend nationally and statewide, with the number of juvenile delinquency filings across Indiana steadily decreasing for the last decade.
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Ryznar: Another notable year for CHINS and parental rights cases

January 11, 2017
Margaret Ryznar
As Indiana continues to experience heightened levels of CHINS and termination of parental rights cases, several interesting cases arose in 2016 related to these topics.
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COA considers liability in sheriff’s office suicide case

January 10, 2017
Olivia Covington
After the wife of a Harrison County sheriff’s deputy killed herself with her husband’s gun while he was off duty, the sheriff’s office and her estate began debating a single question: was the deputy acting in the line of duty when his wife committed suicide?
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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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