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Opinions Aug. 1, 2017

Indiana Court of Appeals
Cody R. Hickman v. State of Indiana
27A02-1701-CR-59
Criminal. Affirms the Grant Superior Court’s determination that Cody R. Hickman was not entitled to accrued time against his sentence for time spent in a halfway house as part of a reentry court program and as a condition of his probation. Finds the trial court’s conclusion that Hickman was not confined or imprisoned while living at Grace House and participating in reentry court was not clearly against the facts and circumstances before it.

Bamberger, SKO merger complete

The merger between Evansville-based Bamberger Foreman Oswald & Hahn LLP and Kentucky-based Stoll Keenon Ogden PLLC was completed Tuesday, one month ahead of the expected closure date.

COA affirms denial of credit for time spent at halfway house

The Grant Superior Court did not err when it denied a man’s request for credit for time spent in a halfway house, as his placement at the house was not considered confinement or imprisonment, the Indiana Court of Appeals ruled.

7th Circuit affirms denial of sentencing relief

Though his appellate counsel presented an underdeveloped Appellate Rule 7(B) resentencing argument to the Indiana Court of Appeals, a North Vernon man isn’t entitled to relief because his sentence is not inappropriate, the 7th Circuit Court of Appeals ruled Monday.

Fired IPS teacher’s suit remains alive in federal court

A wrongful termination claim stemming from a 2016 Indianapolis Public Schools teacher sex scandal will move forward after a district court judge determined the IPS school board commissioners violated an employee’s due process rights when they terminated her without proper notice.

Divided court reverses drug convictions for lack of probable cause

Despite a search pursuant to warrants that led to the discovery of more than 60 pounds of marijuana in a man’s Indianapolis home, the man’s drug convictions will be overturned after a divided panel of the Indiana Court of Appeals determined there was a lack of probable cause to support the issuance of the warrants.

Opinions July 31, 2017

Indiana Tax Court
William R. Larsen v. Indiana Department of State Revenue
49T10-1503-TA-8
Tax. Denies the Indiana Department of State Revenue’s motion for summary judgment in William R. Larsen’s challenge to its assessment of adjusted gross income tax for the 2013 tax year. Grants summary judgment in favor of Larsen. Finds Larsen has provided documentation that verifies the eligibility for his children for the federal dependency exemptions and shows those exemptions were allowed, so he was entitled to the Indiana dependency deductions in 2013.

Justices let stand $500k default judgment against Menards

A default judgment awarding a plaintiff $500,000 in damages in a personal injury suit against a Gary Menards store will stand after a divided Indiana Supreme Court declined to hear the home-improvement chain’s appeal.

COA reverses delinquent adjudication based on warrantless search

A teenager who was adjudicated as a juvenile delinquent after an officer conducted a warrantless search and found him in possession of a handgun and drug paraphernalia will have his adjudication reversed after the Indiana Court of Appeals determined the officer did not have reasonable suspicion to conduct the search without a warrant.

Wrongly jailed drug court plaintiffs lose in federal court

Plaintiffs who were jailed for months without due process in a southern Indiana drug court will take nothing in their federal lawsuit against drug court staff members and county sheriff who they say were responsible for violating their constitutional rights, a judge has ruled.

Tax Court: State can’t require SSNs to claim dependent children

A Fort Wayne man who claimed a religious objection to obtaining Social Security numbers for his dependent children was entitled to claim those children as dependents on his state tax return after the Indiana Tax Court determined Monday the man provided the necessary documentation to prove the children are his dependents.

The ‘Notorious RBG’ discusses women’s rights and pop culture

U.S. Supreme Court Justice Ruth Bader Ginsburg talked about the evolution of the women's rights movement, what it's like to be interrupted on the bench and life as a pop culture icon during a presentation Friday to a group of lawyers and judges in Sun Valley, Idaho.

COA: Continued placement with foster parents not in children’s best interests

Three Miami County children will not be returned to their previous foster parents after the Indiana Court of Appeals found Friday the trial court correctly determined the foster mother had become obsessed with the notion that the children were molested, making continued placement with her not in the children’s best interests.