2 found in contempt for practicing law
The Indiana Supreme Court has fined two attorneys after finding them in contempt for practicing law while one was suspended and after one had resigned from the bar nearly 10 years ago.
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Lawmaker: Health department didn’t comply with baby box law
The Indiana Department of Health has ignored a law requiring it to prepare guidelines for installing "baby boxes" where people could anonymously leave unwanted newborns, a state legislator says.
COA: CDL holder cannot enter diversion program for alcohol offenses
A man who held a commercial driver’s license and pleaded guilty to two misdemeanor drunken-driving offenses cannot participate in a diversion program, the Indiana Court of Appeals ruled Tuesday. One judge on the panel had concerns that the law treats CDL holders and those without a CDL differently.
Indiana House backs bill to limit state environmental rules
The Indiana House has approved a bill that would prevent state agencies from enacting environmental rules tougher than those imposed by the federal government.
Lake County sheriff seeks removal of jailed councilman
The Lake County sheriff is asking the county's 12 state lawmakers to amend a state law to temporarily replace or remove East Chicago Councilman Robert Battle from office.
Former Indy developer going back to prison for a year
Former Indianapolis developer Sydney “Jack” Williams avoided legal disaster six years ago when prosecutors concluded he was an unwitting participant in a Miami fraudster’s $930 million Ponzi scheme.
Cosby’s lawyers push to get sexual assault case thrown out
Bill Cosby arrived at court Tuesday to try to get the sexual assault charges against him thrown out because of what his lawyers say was a binding commitment by a previous district attorney not to prosecute him a decade ago.
LeBron, Kobe tattoos in video games trigger copyright suit
LeBron James and Kobe Bryant are at the center of an obscure legal battle over a simple question: Can tattoos be copyrighted?
Indiana man gets 27 months in international spam case
An Indiana man who helped send millions of illegal spam messages to U.S. and international cellphones and computers has been sentenced to 27 months in federal prison by a federal judge in Pennsylvania.
Tax Court upholds land reclassification over assessor’s objection
The Indiana Tax Court affirmed a final determination by the state Board of Tax Review to reclassify nearly 3 acres of property from excess residential to agricultural, finding enough evidence to support the decision.
Doctors’ affidavits cannot defeat summary judgment
The affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.
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.
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.