Ex-Indiana sheriff’s bribery sentencing moved to January
The sentencing of former Lake County Sheriff John Buncich on his federal bribery and wire fraud conviction has been moved to mid-January.
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Pence Hensel dissolves, partners join other firms
The high-profile criminal defense firm of Pence Hensel LLC is closing after partners Linda Pence and David Hensel agreed to discontinue the Indianapolis practice, according to an announcement today from Pence.
Indiana joins bid to upset prohibition against sports gambling
Eighteen states, including Indiana, have joined New Jersey at the United States Supreme Court in crying foul over a 25-year-old federal statute that prevents them from legalizing gambling on collegiate and professional basketball, football, baseball and other sporting events.
Opinions Dec. 1, 2017
The following Indiana Tax Court opinion was posted after IL deadline Thursday:
The University of Phoenix, Inc. v. Indiana Department of State Revenue
49T10-1411-TA-65
Tax. Vacates the Indiana Department of State Revenue’s assessments of adjusted gross income tax for the University of Phoenix, Inc. for the 2009, 2010 and 2011 tax years. Finds the department erroneously calculated the proposed assessments by sourcing the university’s revenue according to the location of its market, rather than the location of the costs of its income-producing activities as required by Indiana Code section 6-3-2-2(f)(2). Also finds the university’s calculation of its Indiana sourced income report on its original tax returns for the years at issue is persuasive.
Tax Court vacates proposed assessments for University of Phoenix
Proposed assessments against an Arizona-based university that offers online classes to Indiana students have been thrown out after the Indiana Tax Court determined the university properly followed statutory procedure by not sourcing its receipts for Indiana students to the Hoosier state.
Northern District Bankruptcy Court seeks comment on rule amendment
Indiana’s Northern District Bankruptcy Court is seeking public comment on a proposed addition to a local rule.
Indiana police uncertain why 2,500 assault kits untested
Indiana State Police say a review has found more than 2,500 untested sexual assault evidence kits languishing at police departments across the state for unknown reasons.
Opponents in LGBT case agree: It’s not about wedding cake
In a legal case with profound implications for LGBT rights and religion’s place in public life, the opposing sides agree on this: It's not about the cake.
Ex-Trump adviser Flynn pleads guilty to lying to FBI
Former national security adviser Michael Flynn pleaded guilty Friday to lying to the FBI, becoming the first Trump White House official to face criminal charges and admit guilt so far in the wide-ranging investigation led by special counsel Robert Mueller.
Ex-Trump adviser Flynn pleads guilty to lying to FBI
Former national security adviser Michael Flynn pleaded guilty Friday to lying to the FBI, becoming the first Trump White House official to face criminal charges and admit guilt so far in the wide-ranging investigation led by special counsel Robert Mueller.
Indianapolis attorney pleads guilty to immigration fraud
An Indianapolis immigration attorney has pleaded guilty to filing false visa applications for more than 250 clients and collecting $750,000 in fraudulent fees.
New Chapter 13 plan form, creditor bankruptcy rules take effect
New rules and procedures for individuals filing for bankruptcy under Chapter 13, and creditors certain bankruptcy cases will have less time to file proof of claims, federal courts announced.
IMPD officer charged with obstruction of justice, may be fired
A 10-year veteran of the Indianapolis Metropolitan Police Department accused of deleting cell phone messages made to an 18-year-old female acquaintance who committed suicide has been arrested on a charge of felony obstruction of justice and has been recommended for termination from the force.
Opinions Nov. 30, 2017
Indiana Court of Appeals
D.J. v. State of Indiana
49A05-1704-JV-673
Juvenile. Affirms D.J.’s adjudication as a delinquent child for committing two counts of armed robbery, Level 3 felonies if committed by an adult. Reverses D.J.’s delinquent adjudication for committing two counts of criminal confinement, Level 3 felonies if committed by an adult. Finds there is sufficient evidence to support the juvenile court’s true findings that D.J. committed armed robbery. Also finds the juvenile court’s true findings of criminal confinement violate the Double Jeopardy Clause of the Indiana Constitution. Remands to the Marion Superior Court with instructions to vacate the true findings of criminal confinement.
Suit claiming police ‘unleashed’ K-9 on sleeping man proceeds
The City of Indianapolis lost its bid to dismiss a lawsuit brought by a man who claims an officer “unleashed” a police dog on him as he slept, leading to serious injuries.
Juvenile confinement adjudications reversed, DOC commitment affirmed
A juvenile adjudicated as a delinquent for armed robbery will remain in the Department of Correction, though the Indiana Court of Appeals reversed his adjudications for criminal confinement in a Thursday decision.
COA: Divorcing husband has no claim on wife’s trust
An Indiana trial court correctly determined that a woman’s interests in discretionary family trusts are too remote and speculative to be included in the marital pot as part of her dissolution proceedings, the Indiana Court of Appeals ruled Thursday.
COA affirms wife’s interests in family trusts are ‘speculative’
An Indiana trial court correctly determined that a woman’s interests in discretionary family trusts are too remote and speculative to be included in the marital pot as part of her dissolution proceedings, the Indiana Court of Appeals ruled Thursday.
COA: Trial court must impose probation fees for felonies
The Marion Superior Court must hold an indigency hearing and correct its failure to impose probation fees on a man convicted of a felony after the Indiana Court of Appeals determined Thursday that state statute requires the imposition of probation fees for felony convictions.
Fort Wayne mayor could veto contractor campaign donor limits
Fort Wayne’s mayor is considering whether to veto a proposal aimed at banning companies from bidding on public contracts if they donate more than $2,000 a year to an elected city official’s campaign.