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Opinions May 13, 2019

The following Indiana Tax Court opinion was posted after IL deadline Friday:
Tell City Boatworks, Inc. v. Indiana Department of State Revenue
18T-TA-4
Tax. Denies in part the Indiana Department of State Revenue’s motion to exclude tax service provider alliantgroup LP’s report,  and/or limit Stacy Little’s testimony on behalf of Tell City Boatworks, Inc. Finds Little may testify only as an expert witness and not a fact witness, and that the Department may conduct additional discovery regarding Little as an expert witness in its litigation against Tell City.

ACLU report highlights Indiana’s prison problem

While acknowledging Indiana’s efforts to reform its criminal justice system has slowed the growth of the state’s prison population, a new report by the ACLU of Indiana asserts that additional reforms, including expanded access to treatment for mental health and substance abuse, could reduce the number of incarcerated by 50 percent and save Hoosier taxpayers more than $541 million by 2025.

COA reverses judgment in siblings’ estate dispute

A disagreement between two siblings has been squashed now that an appellate court has sided with a woman who was granted last-minute possession of her mother’s estate just days before her death, canceling a former transfer on death deed shared with her brother.

Fired whistleblower’s case against IDEM reinstated, remanded

A long-running dispute between the Indiana Department of Environmental Management and a terminated employee has been partially revived after a panel of appellate judges agreed the former worker could have been held personally liable for misuse of state funds.

Wood: 6 out of 7 chief judges in 7th Circuit soon to be women

Most chief judges at federal trial courts in the 7th Circuit — comprised of Illinois, Indiana and Wisconsin — are already women. Soon, there'll be just one man among them, 7th Circuit Chief Judge Diane Wood noted in a speech Monday.

AG Hill defends pay hikes for top aides

Some top aides to Indiana Attorney General Curtis Hill have seen recent pay hikes of $9,000 or more, but Hill contends they are not rewards for sticking with him as he faces allegations of drunkenly groping four women during a party last year.

Hill denies sexual misconduct in urging dismissal of discipline complaint

Indiana Attorney General Curtis Hill responded to his disciplinary complaint by denying he touched the lawmaker or three legislative aides who have accused him of groping them and making unwanted sexual advances at a party marking the end of the 2018 General Assembly session. He also says the disciplinary complaint against him should be dropped.

Opinions May 10, 2019

The following 7th Circuit Court of Appeal opinions were posted after IL deadline Thursday.
USA v. Ronnie Cosby
18-2053
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon.
Criminal. Affirms the Northern District Court’s denial of Ronnie Cosby’s motion for a continuance, motion to suppress, motion for a judgment of acquittal for his conviction of transporting a minor with the intent that she engage in prostitution, and his motion for a mistrial based on a sex trafficking expert’s false testimony. Finds the expert did not testify in dual-capacity as an expert and a fact witness.

7th Circuit reversal: Indiana may intervene in ACLU immigration case

The 7th Circuit Court of Appeals has reversed and remanded a district court’s denial of Indiana’s motion to intervene in a federal immigration case that prohibited the Marion County Sheriff’s Department from cooperating with U.S. Immigration and Customs Enforcement detention requests, finding the district court did not have jurisdiction to strike the motion.

7th Circuit upholds conviction in minor’s prostitution case

A man failed to persuade a 7th Circuit Court of Appeals panel that he should be granted a continuance and be acquitted from his conviction of transporting a 15-year-old girl for prostitution across state lines. The panel concluded the case was unnecessarily prolonged and would exact an emotional toll on the victim if further extended.

Judges’ shooting suspects to go free after prosecutor declines to file charges

The two suspects arrested in connection with the shootings of two Clark County judges will soon go free after the Marion County Prosecutor's Office declined to file charges against them. Brandon Kaiser, 41, and Alfredo Vazquez, 23, were released as to their $200,000 and $60,000, respectively, bonds that were set in connection with the shootings of Clark Circuit Judges Andrew Adams and Bradley Jacobs. 

New bankruptcy judge appointed to Indiana Southern District bench

Lawrence Circuit Judge Andrea K. McCord has been appointed to a 14-year term as a bankruptcy judge in the Indiana Southern District Court based in New Albany. McCord will take office May 20, succeeding retiring bankruptcy Judge Basil H. Lorch III.