10 dogs, more than 550 birds seized in animal fighting probe
Officials say more than 550 birds and 10 dogs allegedly being kept for use in animal fighting have been rescued from properties in two Indiana counties.
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Fort Wayne man pleads guilty to killing 4, including fetus
A Fort Wayne man has pleaded guilty to four counts of murder in the deaths of four people including his unborn child.
Opinions May 23, 2019
The following opinions were posted after IL deadline Wednesday.
7th Circuit Court of Appeals
Barrington Music Products, Inc v. Music & Arts Center
18-2945
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the Northern District Court’s denial of Barrington Music Products, Inc.’s Rule 59(e) motion to amend a prior award of damages in its favor stemming from sales made through Guitar Center stores to include sales from Music & Arts Centers and Woodwind & Brasswind Inc. of products using the trademark “Ventus.” Finds no reason to conclude the jury’s determination would be different if it were aware that Music & Arts and Woodwind are divisions of Guitar Center, not distinct corporations.
Gary lawsuit against gun makers may proceed, COA rules
A unanimous appellate panel has revived the city of Gary’s lawsuit against 10 handgun manufacturers, enabling the municipality to survive the Indiana General Assembly’s attempt to derail the legal action by amending the state’s Immunity Statute in 2015.
COA: No error in ruling over disputed gravel driveway
A dispute between two neighbors concerning who was permitted use a gravel driveway splitting their properties ended in favor of a woman who argued she paid taxes and had been using the entry for more than 20 years before her neighbors showed up.
COA reverses habitual offender enhancement
A habitual offender enhancement for a man with multiple battery convictions has been reversed after the Indiana Court of Appeals concluded his out-of-state convictions could not support such an enhancement under Indiana law.
COA orders state to reimburse $77K from illegal seizure
The state must pay back more than $77,000 to a man after seizing cash from his vehicle, the Indiana Court of Appeals has ruled, finding the money was unlawfully seized and turned over to the federal government.
COA refuses to side with ‘combative’ contractor
An Indianapolis home-improvement contractor who threatened a homeowner who hired him then stormed off the jobsite after police had to be called lost his appeal Thursday of judgment in the homeowner’s favor.
JW Marriott’s second assessment appeal also premature, Tax Court rules
The Indiana Tax Court has again dismissed an appeal filed by downtown Indianapolis JW Marriott owner Convention Headquarters Hotels LLC regarding its real property assessment, after the judge similarly ruled the appeal as premature.
Claims against Indy-based USA Diving, coach in sex assault case proceed
A negligence claim brought against Indianapolis-based USA Diving and employees accused of failing to report sexual assault will continue after a federal judge denied multiple motions to dismiss Tuesday.
7th Circuit won’t increase damages award in music trademark suit
A music company has failed to convince the 7th Circuit Court of Appeals to increase its award of damages by millions in a trademark suit against Guitar Center Stores, Inc.
Justices: No error in admitted post-arrest, pre-Miranda silence
Indiana Supreme Court justices have affirmed a trial court’s admission of a man’s post-arrest silence before he was read his Miranda rights, finding he opened the door of evidence and that no fundamental error existed.
Carmel to take legal action against Lucas Estate in party controversy
Carmel plans to take legal action to stop Charlotte and Forrest Lucas from hosting events at their massive estate, the city announced in a press release Wednesday afternoon. The city said it plans to file requests for preliminary and permanent injunctions against the estate to prohibit the family from conducting a business at its private residential property.
Justice Department to turn over some Mueller documents
Easing some of the escalating tension between Congress and the White House, the House Intelligence Committee postponed efforts to enforce a subpoena against the Justice Department on Wednesday after officials agreed to hand over a cache of documents related to special counsel Robert Mueller’s Trump-Russia report.
Man convicted of razing Hammond bridge says he didn’t get fair trial
A northwestern Indiana scrap-metal dealer convicted of razing a historic railroad bridge and selling the metal contends he didn’t receive a fair trial. Kenneth Morrison of Whiting is seeking a new trial following his December conviction on a charge of interstate transportation of stolen goods.
‘American Taliban’ Lindh being released from Terre Haute prison after 17 years
The California man who became known as the “American Taliban” after his battlefield capture in Afghanistan in November 2001 is being released from a federal prison in Indiana. Thirty-eight-year-old John Walker Lindh has spent more than 17 years in prison after pleading guilty to providing support to the Taliban.
AG Hill’s disciplinary case to be heard in October
The formal attorney discipline hearing against Indiana Attorney General Curtis Hill will likely be held in late October. Hearing officer and former Indiana Supreme Court Justice Myra Selby set tentative dates at a pre-hearing conference Wednesday.
Opinions May 22, 2019
Indiana Court of Appeals
City of New Albany v. Board of Commissioners of the County of Floyd, New Albany Floyd County Indiana Building Authority
18A-MI-1627
Miscellaneous. Reverses the Floyd Superior Court’s entry of judgment in favor of Floyd County against the New Albany Floyd County Indiana Building Authority and the City of New Albany. Finds the Building Authority lacked the statutory authority to agree to a turn-over provision in the 1992 lease, making it void. However, finds the county can still exercise a purchase option pursuant to the lease. Remands with instructions for the trial court to vacate the order granting title to the Criminal Justice Center in the County. Judge Elaine B. Brown concurs in part and dissent in part in a separate opinion.
Trump demands end to Russia probes, walks out of Dem meeting
President Donald Trump abruptly stalked out of a meeting with congressional leaders Wednesday with a flat declaration he would no longer work with Democrats unless they drop all investigations in the aftermath of the special counsel’s Trump-Russia report.
Tax Court remands for revaluation of shopping center
Capitalization rates determined by the Indiana Board of Tax Review for an Anderson shopping center were found to be improper by the Indiana Tax Court and were thus reversed Wednesday.