Indianapolis man gets 75 years for killing food delivery driver
An Indianapolis man who pleaded guilty to fatally shooting a food delivery driver has been sentenced to 75 years in prison.
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Muncie teen who killed mom’s abuser unlikely to face charges
A prosecutor says a 16-year-old Muncie boy likely won’t face charges after fatally stabbing a man who was abusing his mother.
Sheriff: Suspect recorded fatal shooting of wife in Indiana
Authorities in Lafayette say an Indiana man accused of killing his wife recorded audio of the shooting on a cellphone.
Clark County plans to end inmate work release
Clark County in southern Indiana plans to end its inmate work release program by the end of the year.
Homeless file lawsuit over Indianapolis sidewalk order
The American Civil Liberties Union has filed a federal lawsuit against Indianapolis on behalf of the city’s homeless population over an order that required them to vacate certain sidewalks downtown.
Judge to IMS Stones’ concert promoter: ‘you can’t always get what you want’
A lawsuit arising from an accident after the Rolling Stones’ concert at Indianapolis Motor Speedway on July 4, 2015, will roll on after a judge found guidance in famous lyrics of Mick and the boys.
Judge tosses suit challenging school board prayers
A judge has thrown out a retired teacher’s lawsuit challenging the customary opening Christian prayer at Franklin Township School Board meetings.
Indy-based Wine & Canvas loses trademark infringement appeal
The 7th Circuit Court of Appeals has affirmed the grant of summary judgment to a California wine and canvas company on a series of trademark infringement claims, finding the original Indiana parent company to the California business failed to prove any of its claims on appeal.
Opinions Aug. 17, 2017
7th Circuit Court of Appeals
Wine & Canvas Development, LLC, Anthony Scott, Tamara McCracken, and Donald McCracken v. Christopher Muylle, Theodore Weisser, YN Canvas LLC d/b/a Art Uncorked, Art Uncorked, LLC and Weisser Management Group, LLC
15-2088 and 15-3658
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the verdict in favor of Christopher Muylle on Wine and Canvas Development LLC, Anthony Scott, Tamara McCracken and Donald McCracken’s trademark infringement and false designation of origin claims and on Muylle’s abuse of process counterclaim. Finds the district court did not abuse its discretion in sanctioning the plaintiff-appellants or in admitting statements Scott made to Muylle during settlement negotiations.
No error in allowing amendment to charging information, appellate court rules
The Allen Superior Court did not err when it allowed the state to amend charging information 17 months after the omnibus date in a Fort Wayne trial because the defendant was not prejudiced by the untimely amendment, the Indiana Court of Appeals ruled Thursday.
COA affirms admission of marijuana found in warrantless search
A northern Indiana trial court did not abuse its discretion in admitting as evidence marijuana found pursuant to a warrantless search because the defendant in the case validly consented to the search, the Indiana Court of Appeals has ruled.
New ABA president to focus on legal education reform, announces commission members
The new president of the American Bar Association is taking steps to begin her work toward legal education reform by appointing members to a new commission designed to help the profession navigate future changes in legal education.
Children’s commission names first executive director
The Commission on Improving the Status of Children in Indiana has tapped an individual who has experience working in nonprofits on issues facing youngsters and teens to be its first executive director.
Appellate court orders state to return $30,000 in seized currency
The state of Indiana must return $30,000 that was seized as part of a suspected drug trafficking scheme after the Indiana Court of Appeals ruled Wednesday the state failed to prove the money could reasonably be considered the proceeds of drug trafficking.
Man found insane in 2016 hatchet attack on Chinese student
A judge has found a man not guilty by reason of insanity in a hatchet attack against a high school exchange student from China.
Lawsuit targeting McDonald’s over soda tax dismissed
A Cook County judge has dismissed a lawsuit filed against McDonald's Corp. that alleged the fast-food chain taxed the tax imposed on sweetened beverages sold in the Chicago area.
Indiana attorney general’s office renovations questioned
Some state officials are questioning the Indiana attorney general's decision to spend about $300,000 on renovating his Statehouse office and buying a van to serve as a mobile office.
COA judge cites to Kenny Rogers in voided tax sale case
A judgment for owners of a property wrongly redeemed after a tax sale was affirmed in part by the Indiana Court of Appeals Wednesday, with Judge Terry Crone appropriating a Kenny Rogers classic to introduce a 31-page decision that reduced the attorney fees and other relief to which owners were entitled.
Opinions Aug. 16, 2017
Indiana Tax Court
William E. Schmidt, Jr. and Danielle Schmidt v. Indiana Department of State Revenue
49T10-1306-TA-55
Tax. Reverses the Indiana Department of State Revenue’s proposes assessments. Finds William and Danielle Schmidt have rebutted the presumption of validity afforded to the department’s proposed assessments. Also finds the Schmidts are not liable for Indiana AGIT, penalties or interest during the 2009, 2010 and 2012 tax years, and they are entitled to the refund claimed.
Ex-residents don’t owe extra Indiana income tax while working in Florida
An Indiana couple that moved to Florida in 2008 is not required to pay additional Indiana income tax on income earned while remotely working for an Indiana company after moving south, the Indiana Tax Court ruled Tuesday.