COA reaffirms trial court should hear grandparents’ visitation argument
The Indiana Court of Appeals reiterated that a pair of grandparents seeking to visit their deceased son’s child should be given their day in court.
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Seriously injured truck driver’s suit against Celadon reinstated
A semi-truck driver who was seriously injured after the contents of his trailer fell on him upon opening the door after transport won partial judgment against the trucking company responsible for loading the trailer when an appellate panel found the company owed him a duty of care.
Man gets 63 years for killing woman; 2nd murder trial awaits
A 37-year-old Indianapolis man has been sentenced to 63 years in prison for slaying of a woman who was stabbed more than 30 times and shot in her home on the east side of the city.
Man charged in school bomb threats facing sextortion charges
A California man charged with making online threats to bomb two suburban Indianapolis high schools is facing new federal charges involving alleged sextortion and intimidation.
Carmel attorney gets 90-day suspension for disobeying court order
An attorney with a history of financial hardships already under suspension for failing to pay her dues has been suspended from the practice of law in Indiana for 90 days with automatic reinstatement.
Pharmacy owner convicted of making over-potent drugs sold to hospitals
The former owner and CEO of Pharmakon Pharmaceuticals in Noblesville has been found guilty of manufacturing and selling drugs that were as much as 25 times more potent than they should have been.
Indiana House defeats proposed moratorium on new power plants
An effort by Indiana Republicans to put a two-year moratorium on large new power plants has failed, following strenuous objections from utilities, environmentalists and consumer groups.
Murder conviction stands for man who beat toddler to death
A man convicted of beating a 2-year to death failed to convince the Indiana Court of Appeals that his 65-year sentence should be reversed, concluding that the trial court did not misinterpret the terms of his plea agreement.
Opinions April 11, 2019
The following Indiana Tax Court opinion was published after IL deadline Wednesday:
Tony W. Smith and Shirlena Smith v. Indiana Department of State Revenue
49T10-1605-TA-13
Tax. Grants Tony and Shirlena Smith’s motion for partial summary judgment against the Indiana Department of State Revenue. Finds the department’s modifications to the Smiths’ adjusted gross income tax liabilities for 2005 through 2007 were limited to the final modifications made by the Internal Revenue Service to resolve the federal audit for those years. Orders the court to schedule a case management conference with the parties to discuss pretrial matters and scheduling.
Brady becomes second woman judge to join Northern Indiana District Court
Exactly one year to the day after she was nominated for the federal bench, Fort Wayne attorney Holly Brady was confirmed Wednesday as a judge on the U.S. District Court for the Northern District of Indiana. She is the first judge to join the court since May 2010 and just the second woman to serve as a judge in that district.
WikiLeaks’ Assange faces US charge after London arrest
A bearded and shouting Julian Assange was pulled from the Ecuadorian Embassy in London and hauled into court Thursday, the start of an extradition battle for the WikiLeaks founder who faces U.S. charges related to the publication of tens of thousands of secret government documents.
Justices hear probable cause questions in case of $60K seized cash
Questions of whether probable cause existed for law enforcement to seize more than $60,000 in cash from a FedEx package were heard before the Indiana Supreme Court on Thursday, with an attorney for the state urging justices to overturn recent precedent to allow the seizure.
Public was not barred from man’s trial, COA rules
A man who argued the public was barred from his trial was denied an appeal of his drug-related convictions Thursday after an appellate panel confirmed that his Sixth Amendment right to a public trial was not violated.
Tax Court rules for gamblers in interpretation of federal modification
The Indiana Tax Court granted partial summary judgment to two professional gamblers who received unwanted adjustments to their adjusted gross income tax liabilities after the court concluded the Indiana Department of State Revenue’s interpretation of federal modification was unreasonable.
Greenwood HOA fight goes back to trial court for damages hearing
A long-running fight over homeowner association fees and how they were assessed in a Greenwood housing development will return to a trial court to determine damages the HOA is entitled to from a developer and homebuilder that paid no assessments for several years.
Despite ‘not good law’ dissent, COA affirms ruling against fired worker
A former hospital police officer who wrongly believed he had been subpoenaed to testify at an unemployment hearing and was subsequently fired has lost his appeal of a judgment in favor of his former boss, with a majority of the Indiana Court of Appeals finding the officer could not overcome the at-will employment doctrine. But a dissenting judge said the majority’s ruling is “not good law.”
Scooter bill zips through Statehouse, but not yet to Holcomb
Hoosiers statewide may be able to scoot alongside other modes of transportation now that a bill aimed at regulating electronic scooter use has zipped through both Houses of the the Indiana General Assembly.
Brady confirmed to Northern Indiana District Court
Fort Wayne attorney Holly Brady has been confirmed as a judge on the U.S. District Court for the Northern District of Indiana, becoming the first judge to join that jurisdiction since May 2010.
Opinions April 10, 2019
Indiana Court of Appeals
Tre Ron Smith v. State of Indiana
18A-CR-1633
Criminal. Affirms Tre Ron Smith’s Class A misdemeanor possession of a handgun conviction. Finds police had reasonable suspicion under the federal and state constitutions to conduct a Terry stop of Smith, and they did not exceed the permissible scope of such a stop. Also finds the trial court did not err when it allowed into evidence the firearm found in the search conducted after the Terry stop. Judge Melisa May dissents with separate opinion.
Reversal: No valid settlement in Crown Point bicycle crash
Years after three Crown Point bicyclists sued each other for negligence after a crash, the Indiana Court of Appeals reversed an order and implementation of a settlement agreement when it found the parties had never come to a valid agreement.