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Tax court affirms jurisdiction, McCordsville land assessment

December 6, 2018

The Indiana Tax Court affirmed that it had subject matter jurisdiction over a trust’s claims of an invalid annexation and storm water charges on its farmland, but ultimately found that the Indiana Board of Tax Review did not err in upholding the assessment of the land.

Collection agency waited too long to file complaint for repayment, COA says

December 6, 2018

The Indiana Court of Appeals has affirmed the dismissal of a complaint brought by a collection agency for failing to file its complaint for repayment within the six-year statute of limitations.

Magistrate DeGroote appointed to Allen Superior Court bench

December 6, 2018

Allen County Magistrate Jennifer DeGroote has been appointed by Gov. Eric Holcomb to fill an upcoming vacancy on the Allen Superior Court. DeGroote will succeed Judge Stanley A. Levine, who will retire Dec. 31.

Justices consider taking case involving death of baby

December 6, 2018

The Indiana Supreme Court heard argument Thursday morning in a case involving the death of a baby, hearing testimony as to whether the baby’s father claimed the child died accidentally.

Munster man pleads guilty to post office pipe bomb

December 6, 2018

A man charged in a pipe bomb explosion at a northwestern Indiana post office says he was targeting an attorney who had filed a lawsuit against him. Eric Krieg of Munster pleaded guilty Tuesday to making an unregistered destructive device and other charges. 

Judge denies new trial in off-duty officer’s 1980 death

December 6, 2018

A judge has denied a request for a new trial for an alleged getaway driver convicted in the 1980 shooting death of an off-duty northwestern Indiana police officer. James Hill was sentenced to 47 years in prison in October after a jury earlier convicted him of murder in perpetuation of robbery and attempted robbery, and Judge Salvador Vasquez determined there was no need for a new trial.

Indiana midterm election turnout hit 51 percent

December 6, 2018

Voter participation in Indiana’s fall election was 51 percent, the first time since 1994 that the state topped 50 percent in a midterm election. Henry County had the highest turnout in Indiana with 64 percent of registered voters casting a ballot, while Vigo and Madison counties had the lowest turnout at 44 percent of registered voters. 

Prosecutors recommend no jail time for cooperative Flynn

December 6, 2018

President Donald Trump’s former national security adviser provided so much information to the special counsel’s Russia investigation that prosecutors say he shouldn’t do any prison time, according to a court filing that describes Michael Flynn’s cooperation as “substantial.”

Indiana Lawyer’s Leadership in Law 2019 nominations open

December 6, 2018

Nominations for Indiana Lawyer’s Leadership in Law Awards open today. Entries for the 2019 Up and Coming Lawyer and Distinguished Barrister awards will be accepted until Jan. 25, 2019.

USA Gymnastics bankruptcy might leave sex-abuse victims unpaid

December 6, 2018

Indianapolis-based USA Gymnastics, under threat of being decertified by the U.S. Olympic Committee, filed for bankruptcy after running short of funds to pay victims of Larry Nassar’s sexual abuse.

Chatham Arch residential project set to move forward after legal battle

December 6, 2018

A legal challenge to a proposed mixed-use development in downtown Indianapolis’ Chatham Arch neighborhood will not be heard by the state’s highest court, paving the way for project to finally get under way after two years of delays.

Opinions Dec. 5, 2018

December 5, 2018

Indiana Supreme Court
Kevin Andrew Schuler v. State of Indiana

31S00-1703-LW-134
Life without parole. Affirms the Harrison Superior Court’s conviction of Kevin Shuler for murder. Finds Shuler’s Miranda rights were not violated, there was sufficient evidence to support his 65-year sentence, and Shuler’s sentence is appropriate. Remands for a new, more specific sentencing statement consistent with Harrison v. State.

Majority justices: RV dealer must pay taxes in ‘sham’ transactions

December 5, 2018

A northern Indiana recreational vehicle dealer who tried to avoid paying Indiana sales tax on out-of-state transactions by moving the RVs into Michigan before handing over the keys to customers must repay those taxes after a divided Indiana Supreme Court entered summary judgment in favor of the Indiana Department of Revenue.

Justices answer venue question in lifetime license forfeiture relief case

December 5, 2018

Indiana Supreme Court justices on Wednesday ruled that trial courts have jurisdiction to grant specialized driving privileges as relief from driver’s license suspensions imposed in other counties.

COA denies sentence modification to parolee

December 5, 2018

A Monroe County man gave the Indiana Court of Appeals a case of first impression when he sought to have his sentence for his child molesting conviction modified after he had already served his time and had been discharged to parole.

Murder convictions affirmed, remanded for sentencing statement

December 5, 2018

Indiana Supreme Court justices affirmed a man’s two murder convictions, finding his Miranda rights were not violated and that his sentence was appropriate. However, the high court remanded for a more specific sentencing statement as required.

COA: Lake County court overstepped in awarding fees in Illinois case

December 5, 2018

A Lake County court lacked jurisdiction to award nearly $2 million in attorney fees arising from a permanently injured man’s Illinois worker’s compensation case. The Indiana Court of Appeals on Wednesday vacated the judge’s order on fees entered in the man’s guardianship case.

Murder conviction after drug deal gone wrong stands

December 5, 2018

The Indiana Court of Appeals affirmed a man’s conviction of two counts of murder despite his arguments that one of the deaths was unforeseeable at the time of the drug-deal gone wrong in South Bend.

Appeals court remands Hamilton Southeastern rate case to IURC

December 5, 2018

A Hamilton County sewer utility rate increase case that went all the way to the Indiana Supreme Court is going back to the state agency where it originated after an Indiana Court of Appeals ruling Wednesday.

Appellate courts seek extra $1M for legal aid, technology

December 5, 2018

Citing a need to further invest in Indiana’s civil legal aid infrastructure, the Indiana Supreme Court is asking the General Assembly to allocate an additional $1 million to the court in the next biennial budget to fund civil legal aid efforts.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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