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A mother’s appeal of the order finding her in contempt for not bringing her child to supervised parenting time sessions at a facility drew three opinions from a panel of the Indiana Court of Appeals Friday. The majority agreed to reverse after holding the parenting time order improperly delegated parental authority to the facility.
Indiana Court of Appeals
AAA Federal Credit Union v. Indiana Department of Transportation
71A03-1609-PL-2091
Civil plenary. Affirms the St. Joseph Superior Court’s conclusion that AAA Federal Credit Union did not have a property interest in the free flow of traffic from U.S. 31. Finds the trial court did not err.
An Indiana trial court judge who has spent the last year serving at Guantanamo Bay will return to his post in the Hoosier state this month.
Failed retailer HHGregg Inc., which racked up more than $2 billion in annual revenue prior to landing in bankruptcy this March, has sold its name and other intellectual property rights for a mere $400,000.
Indiana Attorney General Curtis Hill has added his name to a list of 14 state attorneys general voicing their support for the Congressional Review Act, saying the act protects the sovereignty of the states and provides them with a mechanism for relief from federal agency overreach.
A federal appeals court has declined to reconsider its own ruling that employers aren't prohibited from discriminating against employees because of sexual orientation.
An attorney who led the lawsuit that overturned Kentucky's gay marriage ban wants the Democratic nomination to challenge first-term Republican U.S. Rep. Trey Hollingsworth for his southern Indiana seat in 2018.
7th Circuit Court of Appeals
United States of America v. Jason Perry
16-1535
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division.
Judge Richard L. Young.
Criminal. Affirms the enhancement of Jason Perry’s sentence to 360 months’ imprisonment for two counts of being a felon in possession of a firearm and ammunition after the district court found three of his prior felonies qualified as violent felonies under the Armed Career Criminal Act. Finds Perry has not identified cases in which an Indiana court has affirmed a burglary conviction for acts inconsistent with the generic offense of burglary. Also finds Perry’s conduct supports his two separate counts.
An Indiana district court judge properly enhanced a man’s sentence following his convictions of being a felon in possession of a firearm and ammunition because the man’s two prior felony convictions of robbery in Indiana qualify as predicate offenses under the Armed Career Criminal Act, the 7th Circuit Court of Appeals ruled Thursday.
A man who admitted mailing death threats to three federal judges in Kansas City, Missouri, while imprisoned in Indiana has been sentenced to seven years behind bars without parole.
Milhaus Development LLC has won a major victory in its quest to build a $23 million apartment and retail project along North College Avenue in the Meridian-Kessler neighborhood.
Several states are seeking to join a legal challenge to a Trump administration decision to keep a widely used pesticide sold by Indianapolis-based Dow AgroSciences on the market, despite studies showing it can harm children's brains.
A man’s felony murder conviction, stemming from a shooting he was involved in when he was 17 years old, will stand after the Indiana Court of Appeals found Thursday the trial court did not err in excluding evidence or in considering testimony.
After granting a petition for rehearing to address — and ultimately reject — an argument over the contract in a real estate case, the Indiana Court of Appeals reaffirmed Thursday the denial of summary judgment to northern Indiana landowners who misrepresented property to a potential buyer.
An insanity defense is planned for a central Indiana woman who admitted fatally stabbing her young son and daughter.
State Sen. Luke Kenley, R-Noblesville, on Wednesday announced that he will retire on Sept. 30 after serving Senate District 20 since 1992.
A deadlocked decision on whether to hear a case involving Fourth Amendment and similar state rights has led the Indiana Supreme Court to deny transfer to the case, with two justices dissenting on the denial of transfer.
This year might be one for the record books. According to Altman Weil Inc., 2017 is shaping up as a record year for U.S. law firm mergers and acquisitions.
Indiana Court of Appeals
401 Public Safety and Lifeline Data Centers, LLC v. David Ray and the Committee to Elect David Ray
49A02-1609-PL-2132
Civil plenary. Affirms the Marion Superior Court’s order dismissing 401 Public Safety and Lifeline Data Centers LLC’s defamation complaint against David Ray and the Committee to Elect David Ray based on the Anti-SLAAP Statute. Finds the speech contained in a flyer constitutes a matter of public interest. Also finds Ray and the committee have established as a matter of law that they acted in good faith, without malice and with a reasonable basis in law and fact. Judge Paul Mathias concurs and dissent in part with separate opinion.
Summary judgment in a political defamation suit has been affirmed after a divided Indiana Court of Appeals decided Wednesday that language included on a campaign flyer is considered protected speech under the Anti-SLAAP statute.