Plea in violent drug ring case may allow man to avoid prison
A man who authorities say headed a large and violent Indianapolis-based drug trafficking ring has reached a plea agreement that could allow him to avoid prison time.
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RV dealership scores victory in court over sales tax dispute
A northern Indiana RV company did not improperly fail to collect and remit sales tax for its out-of-state customers by physically delivering RVs to those customers in Michigan, the Indiana Tax Court ruled Wednesday, finding such sales are not considered to be made in Indiana as matter of law.
7th Circuit: District court did not have jurisdiction to rule in South Bend wiretapping case
In the most recent decision in litigation stemming from South Bend Police Department wiretapping allegations, the 7th Circuit Court of Appeals has vacated a district court’s determination that the unlawful recordings cannot be distributed to the city Common Council. The appeals court found that a prior settlement deprived the federal court of jurisdiction in the case.
Court ordered to make required findings before modifying protective order
An Indianapolis man violated the terms of a protective order when he harassed his ex-wife at church, but the trial court erred in modifying the order without making required findings, Indiana Court of Appeals ruled Tuesday.
Lake County courts increase probate availability
The judges of the circuit and superior courts in Lake County are seeking to improve the availability and efficiency of the county’s probate court services by offering increased availability of probate commissioners in one central location.
Religious group wins injunction against Pike schools
An Indianapolis township school district may not charge a religious group a fee to rent its facilities for a Bible-based after-school program for elementary students, a federal judge has ruled.
Indiana man free after being sentenced in killing at age 12
An Indiana man who was sentenced as a juvenile to 25 years in prison for helping kill his friend's stepfather has been released after spending seven years behind bars.
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.
Man’s drug convictions affirmed despite evidence admission error
Though the Grant Circuit Court erred in admitting certain statements as evidence during a man’s drug trial, such error was harmless, the Indiana Court of Appeals ruled Tuesday in affirming his drug convictions.
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.
Hearing for suspect in Indiana officer’s killing delayed
The initial court hearing for a man charged in the fatal shooting of a police officer in Indianapolis has been delayed because he remains hospitalized.
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.
Appellate court rules in favor of man’s estate on uninsured motorist claim
The Elkhart Superior Court properly found a Goshen man’s estate was entitled to recover under the uninsured motorist policy held by his employer, the Indiana Court of Appeals ruled Monday. The court interpreted the ambiguous language of the policy in favor of the estate.
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.