Man wanted in ’99 abduction, sex assault caught in Oregon
A man wanted in the 1999 abduction and sexual assault of a 10-year-old girl in southern Indiana has been arrested in Oregon.
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Policy: Mishawaka police can buy, use own body cameras
The northern Indiana city of Mishawaka has a new policy that allows police officers to wear body cameras if they purchase the equipment themselves.
Watchdog probe to bring new scrutiny for FBI’s Comey
FBI Director James Comey, already under fierce public scrutiny for his handling of the election-year probe of Hillary Clinton, faces a new internal investigation into whether he and the Justice Department followed established protocol in the email server case.
Lilly shares rise after Alimta cancer drug patent upheld
Eli Lilly and Co. won an appeals court ruling Thursday that upheld the validity of a patent for its lung cancer drug Alimta, helping shares rise by almost 3 percent.
Link between addiction, criminal justice discussed with legislators
In Indianapolis, a person is more likely to die from a drug-related incident than a car crash. This and other drug-related facts where shared with the members of the Indiana House Courts and Criminal Code Committee at a meeting Wednesday. Representatives from the state’s judicial branch were invited to share progress and their concerns regarding Indiana criminal code reform with lawmakers.
Opinions Jan. 12, 2017
The following Indiana Tax Court opinion was posted after IL deadline Wednesday:
Merchandise Warehouse Co., Inc. v. Indiana Department of State Revenue
49T10-1302
Tax. Grants summary judgment in favor of the Indiana Department of State Revenue and against Merchandise Warehouse Co., Inc. Finds that Merchandise Warehouse’s purchase of freezer equipment and electricity to power that equipment was not exempt from Indiana sales tax under Indiana Code 6-2.5-5-3 and 6-1.5-5-5.1. Also finds that Merchandise Warehouse does not produce other tangible personal property in an integrated production process when it freezes its customers’ food products.
Justices consider PCR waiver in death penalty case
After a public defender failed to secure a statutorily required signature on Kevin Isom’s petition for post-conviction relief, Isom, a convicted murderer who has been sentenced to death, lost confidence in his legal team. He refused to provide his signature after the error was discovered, vowing not to sign unless he was appointed new counsel.
Senate committee extends for $1 pro bono filing fee
A bill extending the $1 additional civil filing fee to support pro bono programs sailed through a Senate committee Wednesday despite a discussion about the possibility of allowing Marion County small claims courts to keep the filing fees they collect for themselves.
COA upholds constitutionality of CHINS reunification exception
A statute providing exceptions to the requirement that the Department of Child Services make reasonable efforts to preserve and reunify families involved in CHINS cases survived a constitutional challenge Thursday.
COA vacates arbitration award for lack of agreement
The Indiana Court of Appeals vacated an arbitration award Thursday after determining that an arbitration agreement did not exist, thus making the arbitration proceedings between a Lake County couple and an automotive company pointless.
Church members join in grief, anger as gunman sentenced to death
Family members of the nine people Dylann Roof killed in a Charleston, South Carolina, church weren’t the only ones who suffered. Their church family grieved, too.
Company must pay sales tax on electricity, freezer equipment
An Indiana food storage warehouse must pay sales tax on electricity and freezer equipment it purchased because such purchases are not used in the production of new, marketable goods, Indiana Tax Court Judge Martha Wentworth ruled Wednesday.
Indiana health commissioner: Needle exchanges a success
Indiana's health commissioner told lawmakers needle exchanges were effective in combating the state's worst-ever HIV outbreak.
Group protests bill that would seek to ban abortion
Abortion-rights supporters Wednesday called on Republican Gov. Eric Holcomb to oppose an Indiana bill that would grant fertilized human eggs the same rights as people — legislation that some believe was designed to provoke a legal fight that might eventually challenge the U.S. Supreme Court's 1973 landmark decision legalizing abortion.
Couple who claim bank’s actions led to their divorce lose appeal
An Indiana attorney and her ex-husband couldn’t convince the 7th Circuit Court of Appeals that a bank violated the Real Estate Settlement Procedures Act with regards to an errant insurance payment and that alleged error led to their divorce and caused $300,000 in damages.
Opinions Jan. 11, 2017
7th Circuit Court of Appeals
Stephen H. Perron and the United States Bankruptcy Trustee for the Southern District of Indiana on behalf of Christine M. Jackson v. J.P. Morgan Chase Bank N.A.
15-2206
U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms summary judgment for Chase Bank in ex-couple Perron and Jackson’s lawsuit claiming the bank’s response to a misapplied insurance payment, seeking more than $300,000 in damages, caused their divorce. To the extent that any requested information was missing, Perron and Jackson suffered no actual damages and thus have no viable claim, nor did the bank breach the duty of good faith and fair dealing.
VW pleads guilty in emissions scandal; 6 employees indicted
Volkswagen is pleading guilty to three criminal charges and will pay $4.3 billion to the U.S. government for cheating on emissions tests and destroying evidence in an elaborate cover-up.
COA: Revocation of sex offender’s probation was not an abuse of discretion
The Harrison Superior Court did not abuse its discretion when it revoked a convicted sex offender’s probation after he contacted people under 18 years of age and lived within one mile of his victim in violation of the terms of his probation, the Indiana Court of Appeals held Wednesday.
State judicial leaders present budget proposals at first Ways and Means meeting
Indiana’s top judicial leaders made their cases for additional funding in the next two years on Wednesday, with the biggest funding boost requested to support continued court technology initiatives.
Lawsuits over Trump business threaten to tie up presidency
As a businessman, Donald Trump has kept the courts busy. That's hardly likely to change when he enters the Oval Office, creating an unusual and potentially serious problem for a sitting president.