Bacardi protests renewal of Cuba’s rum trademark in the US
Bacardi wants to know more about a recent U.S. government decision allowing Cuba to sell its Havana Club rum in America when the U.S. trade embargo ends.
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Feds seek prison for Indiana man in international spam case
Federal prosecutors in Pittsburgh want an Indiana man sent to prison for helping send millions of illegal spam messages to U.S. and international cellphones and computers.
Indiana lawmakers face deadline to keep bills alive
Indiana lawmakers have days to decide whether to keep certain contentious bills alive during this legislative session, including one that would extend civil rights protections to gays and lesbians, but not transgender people, one that would use a tax increase to fund road improvements and one that would further restrict the sale of cold medicines used to make methamphetamine.
Opinions Feb. 1, 2016
The following Indiana Tax Court opinion was posted after IL deadline Friday:
DeKalb County Assessor v. Paul L. and Joan E. Chavez
49T10-1502-TA-6
Tax. Affirms the final determination by the Indiana Board of Tax Review to reclassify 2.72 acres of the Chavezes’ land from excess residential to agricultural for the 2013 tax year. The guidelines provide several factors to consider when determining whether land is woodland and is therefore devoted to an agricultural use under Indiana Code § 6-1.1-4-13(a). The Indiana Board did not act contrary to law when it analyzed these very factors to determine that the Chavezes’ 2.72 acres were devoted to an agricultural use.
Indiana Judges Association launches website
The Indiana Judges Association is now online. The organization has created a website with information for judicial officers and the public.
Cardiologist wins $1.58M wrongful firing judgment
An Indianapolis jury recently awarded a cardiologist fired from St. Vincent Medical Group $1.58 million after a two-week trial on his allegations of wrongful termination, breach of contract, tortious interference and other claims.
Brief: Pence discriminating against Syrian refugees, posing security risk
Indiana Gov. Mike Pence is unlawfully discriminating against Syrian refugees based on their national origin, argues a reply brief in a federal lawsuit that also includes statements from bipartisan national security experts who say his bid to suspend their resettlement is contrary to national security interests.
Opinions Jan. 29, 2016
Indiana Court of Appeals
Kimberly Y. Morgan v. State of Indiana
34A05-1509-CR-1323
Criminal. Affirms in part and reverses in part restitution order. The trial court properly concluded Morgan must pay restitution to Selective Insurance, but to the extent the order provides for the amount to the Visitors Commission in excess of its $250 deductible is an abuse of discretion. Remands with instructions for the court to enter a restitution order for the payment of $11,455.48 to Selective Insurance and $250 to the commission.
COA declines to extend civil ruling to PCR case
The Indiana Court of Appeals rejected an inmate’s request that In re Adoption of O.R. provides him an option for filing a belated notice of appeal.
Dog sniff during traffic stop did not violate Constitution
The time it took for the police pup to arrive and sniff around a vehicle did not unreasonably prolong the traffic stop in violation a driver’s Constitutional rights, the Indiana Court of Appeals has ruled.
Court split on whether defendant’s actions were proximate cause of injury
A divided Indiana Court of Appeals ordered a man’s Level 6 felony resisting law enforcement conviction reduced to a misdemeanor because of a lack of evidence his actions were the proximate cause of the police officer’s injury during a foot chase.
Attorney general sues ex-Gary employee over fraud scheme
Indiana Attorney General Greg Zoeller has filed a lawsuit in Lake County against a former city of Gary employee who he says used her former position in the information technology department to defraud the city of nearly $1.4 million.
Appeals court reduces woman’s restitution order
The Indiana Court of Appeals reduced a woman’s restitution owed to her ex-employer for money she stole over the course of a three-year period. The judges found no connection between additional missing funds and the defendant.
COA dismisses credit card debt appeal
The Indiana Court of Appeals dismissed a woman’s appeal of a default judgment entered against her regarding credit card debt because she did not file an Ind. Trial Rule 60(B) motion for relief.
Senate leader says gay rights bill to be called for a vote
A bill that would extend civil rights protections to lesbian, gay and bisexual — but not transgender — people will be voted on by the Indiana Senate next week, even if it goes down in defeat.
Lebanon police arrest man in 26-year-old attempted rape case
The Lebanon Police Department has arrested a man in a 26-year-old attempted rape case after a state lab was able to link him to the crime.
State Fair invoices do not retroactively indemnify company in stage collapse
The terms on invoices from the company contracted to provide equipment for concerts at the State Fair do not imply retroactive indemnification for the company after the 2011 stage collapse, the Indiana Supreme Court held Thursday in a matter of first impression.
7th Circuit finds cop’s sentence ‘light,’ orders resentencing
A Putnam County police officer convicted of purposefully seriously injuring two people while arresting them will be resentenced after the 7th Circuit Court of Appeals found his 14-month sentence to be “light” in comparison to similar cases.
Opinions Jan. 28, 2016
7th Circuit Court of Appeals
United States of America v. Terry Joe Smith
14-3744, 14-3721
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge William Lawrence.
Criminal. Affirms two convictions of excessive force against two individuals who were in police custody. Vacates 14-month sentence followed by two years of supervised release after finding the sentence to be light in comparison to similar cases. The judge was also required to give the entire sentence orally. Remands for full resentencing.
Indiana panel OKs allowing prescriptions for cold medicines
Pharmacists are one step closer to gaining the authority to require a prescription for certain cold medicines as the Indiana House explores proposals to undermine methamphetamine cooks.