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Opinions August 2, 2021

August 2, 2021

The following Indiana Tax Court opinion was posted after IL deadline on Friday.

Eric S. Morris v. Hamilton County Assessor
20T-TA-00019
Tax. Affirms the Indiana Board of Tax Review’s final determination that dismissed Eric Morris’ case for lack of subject matter jurisdiction. Finds Morris has not demonstrated to the Indiana Tax Court that the Indiana Board’s dismissal of his administrative appeals is arbitrary, capricious, an abuse of its discretion, or contrary to law. Finds Morris has not demonstrated that the tax court has subject matter jurisdiction over his appeals.

Parties in enhanced unemployment payment dispute argue ‘irreparable harm’ in COA briefs

August 2, 2021 | Marilyn Odendahl

A group of Hoosier workers and the state of Indiana are arguing over who will be hurt worse in the continued dispute over the flow of federal enhanced unemployment benefits that is now before the Indiana Court of Appeals.

7th Circuit declines to impose injection injunction on IU vaccine mandate; students to seek SCOTUS review

August 2, 2021 | Olivia Covington

The 7th Circuit Court of Appeals has denied a request to enjoin Indiana University’s COVID-19 vaccine mandate, letting the Bloomington-based school system proceed with its requirement that students, faculty and staff be inoculated against the virus before returning to campus this month.

Hamilton County property owner’s suit over fire stations belongs in plenary courts, tax court rules

August 2, 2021 | Katie Stancombe

A Clay Township property owner who attempted and failed to have his day in court with a Hamilton County Superior Court and then with the Indiana Tax Court could not convince either that they had subject matter jurisdiction in his case seeking relief from increased taxes.

State: Decisions about vaccines, masks are up to school districts, businesses

August 2, 2021 | John Russell

As the number new COVID-19 cases surge in Indiana, state health officials say they have no plans to impose new restrictions on Hoosiers, such as wearing masks or mandating vaccines.

Westfield man sentenced to 5 years in fraud, money-laundering scheme

August 2, 2021 | Indianapolis Business Journal Staff

A federal judge has sentenced a Westfield businessman to five years in prison in connection with a Ponzi-style scheme in which he induced 100 individuals to sink more than $11 million into his companies.

Former bank branch manager sentenced to 3 years in two fraud schemes

August 2, 2021 | Mason King

A former manager of a bank branch in Brownsburg has been sentenced to three years in prison for two separate fraud schemes—one involving bank customers and the other involving three children for whom she served as inheritance trustee.

August hearing set for suspect in Indiana officer’s slaying

August 2, 2021 | Associated Press

A man accused of fatally shooting a western Indiana police officer during an ambush outside an FBI field office will appear in federal court in mid-August for his initial hearing in the case.

Guardian of slain officer’s son’s estate charged with theft

August 2, 2021 | Associated Press

An Illinois woman who oversees the estate of a slain Terre Haute police officer’s son has been arrested for allegedly stealing more than $200,000 from the boy’s estate.

Indiana getting $1 million to help deal with opioid use

August 2, 2021 | Associated Press

The federal government is awarding Indiana more than $1 million to train workers in 25 counties to help deal with widespread opioid use, addiction and overdoses.

Indiana drivers holding cellphones face license penalties

August 2, 2021 | Associated Press

Indiana motorists caught using handheld cellphones while behind the wheel of a moving vehicle now face increased penalties for breaking state law.

Opinions July 30, 2021

July 30, 2021

7th Circuit Court of Appeals
United States of America v. Keenan Rollerson
20-2258
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanlon.
Criminal. Affirms Keenan Rollerson’s 23-year sentence for drug and firearm convictions. Finds his uncharged buys and acquitted drug amounts were relevant to his heroin conviction and proven with sufficiently reliable information.

Mom not denied due process in TPR case involving unrecorded evidence statements

July 30, 2021 | Katie Stancombe

A Madison County mother was not denied due process in her termination of parental rights case, the Indiana Court of Appeals has affirmed.

COA reduces 300-year child molesting sentence

July 30, 2021 | Katie Stancombe

A man convicted on numerous counts of child molesting had his 300-year sentence slightly reduced after the Indiana Court of Appeals found no evidence in the record to support one of his convictions.

Sentence affirmed for drug distributor in guideline calculation dispute

July 30, 2021 | Katie Stancombe

The 7th Circuit Court of Appeals has affirmed a man’s 23-year sentence for his drug and firearms convictions despite his assertion that the district court erred by including both uncharged and acquitted drug amounts in his guideline calculation.

COA allows Insurance Dept. claim in name of deceased individuals to proceed

July 30, 2021 | Katie Stancombe

A proposed complaint before the Indiana Department of Insurance was not void just because it was filed in the name of a deceased person on behalf of a deceased victim of alleged medical malpractice, the Indiana Court of Appeals has ruled.

7th Circuit affirms findings that immigrant’s marriage was a ‘sham’

July 30, 2021 | Katie Stancombe

A woman who emigrated to Indiana from Nigeria after marrying her now ex-husband was denied a petition to stay in the United States after the 7th Circuit Court of Appeals affirmed the adverse credibility findings of two immigration judges that her marriage was a sham.

IU students standing behind opposition to vaccine mandate; injunction ruling could come soon

July 30, 2021 | Olivia Covington

The 7th Circuit Court of Appeals could soon decide whether to enjoin Indiana University’s COVID-19 vaccine mandate as the students challenging the mandate continue to argue it’s unconstitutional.

More Indiana counties join second-highest virus risk group

July 30, 2021 | Associated Press

The number of Indiana counties approaching high risk for community spread of COVID-19 nearly quadrupled in one week as an especially contagious coronavirus variant spread throughout the state.

Is Biden overlooking Bureau of Prisons as reform target?

July 30, 2021 | Associated Press

President Joe Biden took quick action after his inauguration to start shifting federal inmates out of privately run prisons, where complaints of abuses abound.

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In This Issue

  • Carmel CEO introduces new AI-driven app to support family law cases

  • Attorneys say commercial courts offer predictability

  • Seventh Circuit Court affirms lower court’s denial of preliminary injunction for press access to state executions 

Most Read
  • COA upholds murder convictions, 100-year sentence for teen convicted in siblings’ suffocation deaths

  • Former Pacers player says Zionsville councilor exploited his elderly grandmother

  • Judge spares Baer death penalty, resentences killer to life in prison

  • Investigation finds pattern of sexual abuse by former Notre Dame rector

  • Attorney General seeks dissolution of Noblesville charity, says it mishandled assets

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