Legal News

Judge rules in favor of Caterpillar in tax deduction dispute

March 29, 2013
Jennifer Nelson
Indiana Tax Judge Martha Wentworth granted summary judgment to Caterpillar Inc. Thursday, finding the company’s foreign source dividends are deductible in calculating its state net operating losses available for carryover as a deduction from taxable income in future years.
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COA budget request delays Appeals on Wheels webcasts

March 28, 2013
Dave Stafford
A modest increase requested over the next two budget cycles won’t include technical upgrades to allow webcasts of traveling Court of Appeals oral arguments, Chief Judge Margret Robb told the Senate Appropriations Committee on Thursday.
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Concerns about CHINS petitions raised during budget hearings

March 28, 2013
Marilyn Odendahl
After the Indiana Department of Child Services made its presentation to the Senate Appropriations Committee Thursday, the discussion quickly turned to Child in Need of Services petitions.
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Defendant in neighborhood explosion now faces conspiracy to commit murder charge

March 28, 2013
IL Staff
Mark Leonard, one of three arrested and charged for an explosion in an Indianapolis neighborhood that killed two people, has been charged with Class A felony conspiracy to commit murder. The Marion County Prosecutor’s Office alleges he attempted to arrange a murder-for-hire plan while in jail on charges stemming from the explosion.
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Prosecutor can’t grant use immunity to parents of injured infant

March 28, 2013
Jennifer Nelson
The Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
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Mother not denied due process by not having appointed counsel in CHINS case

March 28, 2013
Jennifer Nelson
While disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld the termination of mother J.A.’s parental rights to her son G.P.
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Pence appoints Hostetler to St. Joseph bench

March 28, 2013
IL Staff
Indiana Gov. Mike Pence announced Thursday that he has selected Steven L. Hostetler to replace St. Joseph Superior Chief Judge Michael P. Scopelitis when he retires June 3.
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Senators skeptical of funding Odyssey access for public defenders

March 28, 2013
Dave Stafford
Senate budget writers appeared skeptical of a request Thursday to spend more than $2.1 million over the next four years to give public defenders statewide the same access to case management systems that prosecutors, judges and others have in many counties.
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Appeals court tackles sex offender use of social media

March 27, 2013
Jennifer Nelson
Two months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s First Amendment rights.
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COA: Court allowed to admit evidence from man’s home

March 27, 2013
Jennifer Nelson
The Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
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Court erred in striking state’s response as untimely

March 27, 2013
Jennifer Nelson
The Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
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COA reverses vacation of grandparent visitation

March 27, 2013
Jennifer Nelson
Even though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to the grandmother’s lack of standing were waived when they failed to appeal the original order.
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Judges reduce sentence due to ineffective trial counsel

March 27, 2013
Jennifer Nelson
The Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed to inform Scott of the correct maximum sentence he could face.
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Senate passes civil immunity, sentencing alternatives for young offenders bills

March 27, 2013
IL Staff
The Indiana Senate approved several pieces of legislation from the House this week, including a bill that would establish sentencing alternatives for certain offenders under the age of 18.
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Pence gets finalist list for St. Joe judgeship

March 27, 2013
IL Staff
A letter containing the names of the five finalists vying to succeed St. Joseph Superior Judge Michael P. Scopelitis has been delivered to Gov. Mike Pence. Scopelitis will retire in June. The list was tweaked after finalist Elizabeth Hurley was appointed to fill another pending vacancy on the court.
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Attorneys use pro bono tax work to fill the gap

March 27, 2013
Marilyn Odendahl
Almost immediately after taking her seat on the Indiana Tax Court, Judge Martha Blood Wentworth saw the problem. Flowing into her court were numerous pro se litigants who ended up getting their cases bounced because they had made a procedural error.
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Stepping outside the career comfort zone

March 27, 2013
Chris O'Malley
Taking utility president role at PSI Energy had risks for Kay Pashos.
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Renovation project raises questions on public bidding

March 27, 2013
Marilyn Odendahl
Contractors claim in lawsuit that a school corporation's financing method circumvented the law.
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Hazing suit weighs college, fraternity liability

March 27, 2013
Dave Stafford
A former freshman pledge hurt as fraternity brothers at Wabash College carried and then dropped him will have his case heard by the Indiana Supreme Court, testing the reach of Indiana’s anti-hazing statute.
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Tax clinic brings relief to homeowners fighting high assessments

March 27, 2013
Marilyn Odendahl
At Faegre Baker Daniels LLP, the attorneys suspected there was a gap in pro bono tax help for owners of homes valued at $150,000 or less. They were looking for a volunteer opportunity so they organized the first ever Homeowner Property Tax Clinic.
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Criminal Code bill gets Senate hearing

March 26, 2013
Marilyn Odendahl
Concerns over sentencing provisions and pleas for adequate funding dominated the Senate hearing on legislation overhauling the state’s criminal code.
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Indiana solicitor general: ‘Good day’ for traditional marriage at SCOTUS

March 26, 2013
Dave Stafford
Indiana and other states against same-sex marriage appeared to make a strong impression on the U.S. Supreme Court justices Tuesday, Indiana Solicitor General Thomas Fisher said after watching arguments in Washington.
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Tax cut dispute overshadowing Legislature’s work to lower state’s unemployment, Bosma tells lawyers

March 26, 2013
Marilyn Odendahl
A public spat between the Legislature and governor’s office over tax cuts has become an overarching issue, but Indiana Speaker of the House Brian Bosma said the state should be focusing on job creation.
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Police following drug package wire into home unconstitutional, COA rules

March 26, 2013
Dave Stafford
Police violated Fourth Amendment protections against unreasonable search and seizure when they used a parcel wire to track the opening of a shipment of marijuana in an Indianapolis man’s home, the Indiana Court of Appeals held Tuesday.
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Voucher program stands, Indiana Supreme Court rules

March 26, 2013
Dave Stafford
Indiana’s school voucher program, considered the nation’s widest-reaching, is constitutional, the Indiana Supreme Court unanimously ruled Tuesday.
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  1. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. 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.

  4. 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?

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

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