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Eight lesbian couples who sued the state for not putting both parents’ names on their children’s birth certificates have filed a motion for summary judgment, asking the federal court to prohibit the state from denying the presumption of parenthood to female spouses of women who are artificially inseminated.
Indiana Court of Appeals
Phillip Whitley v. State of Indiana
49A02-1501-CR-50
Criminal. Affirms on interlocutory appeal the denial of Whitley’s motion to suppress evidence found during an inventory search of the vehicle Whitley was driving. Even though officers did not follow police procedure for inventorying a vehicle, there is nothing to indicate the search was a pretext for a narcotics investigation.
The Indiana Court of Appeals agreed with a man that a dissolution court’s valuation and division of his pension and deferred tax savings plan was incorrectly calculated, but rejected his other claims stemming from his divorce.
The Indiana Court of Appeals agreed with a man that a dissolution court’s valuation and division of his pension and deferred tax savings plan was incorrectly calculated, but rejected his other claims stemming from his divorce.
Even though two Indianapolis police officers did not follow the department’s general order on towing and impounding vehicles after a traffic stop, the Indiana Court of Appeals upheld a man’s drug convictions.
Seventh Circuit Judge Richard Posner had harsh words for the Social Security Disability Office regarding vocational expert testimony: clean up your act.
A southern Indiana judge is scheduled to hear arguments next month on whether the trial of a man accused of driving while intoxicated in a deadly crash should be moved to another county because of media attention.
An attorney and former state legislator is seeking the southwestern Indiana congressional seat now held by Republican Larry Bucshon.
A trial court was correct in not allowing evidence in a rape trial that DNA of an unknown male was collected from the victim two days after the incident, the Indiana Court of Appeals affirmed.
The Indiana Court of Appeals agreed with a lower court that a Yorktown resident breached the terms of a settlement she reached with the town over easements to construct storm sewers and a residential trail when she declined to donate the easement for the trail unless other conditions were met.
The following Indiana Tax Court opinion was posted after IL deadline Thursday.
Marion County Assessor v. Gateway Arthur, Inc.
49T10-1212-TA-82
Tax. Affirms the decision by the Indiana Board of Tax Review to reduce Gateway Arthur Inc.’s real property assessment for the 2006 tax year. The board did not err in determining that the assessor rather than Gateway Arthur bore the burden of proof regarding the assessment, in determining that the assessor’s evidence lacked probative value, or in valuing the subject property at $10.5 million for the 2006 tax year.
A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.
A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.
The Indiana Court of Appeals Friday had to determine whether the conveyance of a school for park and recreational use was done so by a restrictive covenant or a fee simple with condition subsequent.
The Indiana Board of Tax Review did not err when it reduced the real property assessment of an Indianapolis shopping center by reinstating the previous year’s assessment, the Indiana Tax Court held Thursday.
Five Lake County civil servants lost their lawsuit challenging a state law that forbids them from serving in elected office in the same city that employs them.
A northern Indiana school district banned by a federal judge from including a live Nativity scene as part of its annual Christmas show says the show will go on without it.
Federal prosecutors are asking a judge to sentence the former director of a foundation created by longtime Subway spokesman Jared Fogle to 35 years in prison followed by a lifetime of supervised release for providing homemade child pornography to his former boss.
Indiana Court of Appeals
Roger S. Blackman v. Karen A. Gholson and James W. Blackman
52A02-1412-ES-883
Estate, supervised. Affirms dismissal of Roger Blackman’s will contest action and subsequent denial of his motion to correct error. Finds the trial court erred in dismissing the suit based on lack of subject matter jurisdiction, as it did have jurisdiction over Blackman’s attempted will contest action. But it was appropriate to dismiss the action due to his failure to comply with the statutes and rules for initiating such an action. His failure to pay the filing fee for the action precludes reliance upon the Journey’s Account Statute to allow him to re-file. Denies Karen Gholson and James Blackman’s request for appellate attorney fees.
The Indiana Supreme Court is going to decide whether a Toyota dealership can relocate from Anderson to Fishers over the objections of three existing greater Indianapolis Toyota dealers.