Evidence does not support stand-your-ground defense
A man’s attempt to bolster his defense by using Indiana’s stand-your-ground law was rejected because the evidence did not support his claim.
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New dean outlines plan to improve Valparaiso Law School’s national reputation
Barely a month into her tenure as dean of Valparaiso University Law School, Andrea Lyon is already talking about her nontraditional plan to improve the institution’s national ranking.
Emmert says NCAA will appeal O’Bannon ruling
NCAA President Mark Emmert said Sunday that the NCAA will appeal a ruling that opens the door for college athletes to receive some of the money they help generate in major sports.
State Supreme Court to decide Indiana-IBM dispute
The state Supreme Court will decide a dispute between the state of Indiana and IBM over the company's failed attempt to privatize public welfare services.
No evidence car crash caused by other driver, 7th Circuit rules
The estate of a northern Indiana man who died in an auto accident was unable to convince the 7th Circuit Court of Appeals his death was caused by the negligence of the other driver.
Opinions Aug. 8, 2014, ILD
Indiana Court of Appeals
Jason Keith Scott v. State of Indiana (NFP)
41A01-1311-CR-499
Criminal. Affirms sentence and conviction of Class D felony operating a vehicle while intoxicated.
Samuel Curts v. State of Indiana (NFP)
48A04-1312-CR-615
Criminal. Affirms revocation of probation.
Kimberly Kraemer v. Haulers Insurance Co., Inc., as subrogee of Linda Shanabarger (NFP)
27A05-1311-CT-544
Civil tort. Affirms denial of motion to correct error and request to set aside summary judgment in favor of Haulers Insurance.
R.C. v. State of Indiana (NFP)
49A05-1401-JV-24
Juvenile. Affirms delinquent adjudication for committing what would constitute Class A misdemeanor resisting law enforcement if committed by an adult.
In re; the Paternity of BKS, CSS v. RSK (NFP)
45A03-1311-JP-463
Juvenile. Affirms trial court order awarding father R.S.K. custody of daughter B.K.S.
Patrick Palmer Jr. v. Chastity Carse (NFP)
37A04-1312-DR-637
Domestic relation. Affirms denial of Palmer’s petition to modify custody.
Opinions Aug. 8, 2014
Indiana Court of Appeals
Geico Insurance Company, as subrogee of Ralph Heitkamp v. Dianna Graham
49A02-1310-CT-898
Civil tort. Affirms order setting aside summary judgment in favor of Geico on grounds that its claim in Marion Superior Court is barred by the doctrine of res judicata because it is derivative of a judgment in St. Joseph County in favor of Graham.
Insurer loses appeal over matter litigated elsewhere
An insurance company may not recover in Marion Superior Court claims paid for an auto accident after a St. Joseph court ruled a driver was not at fault in the crash.
Search of home after improper GPS tracking affirmed
Though the Indiana Court of Appeals agreed the warrantless installation of GPS devices was improper, it affirmed a trial court’s denial of a motion to suppress evidence subsequently collected at the home of a suspected drug dealer.
Firm says DCS misled parents on foster adoption subsidies
The Indiana Department of Child Services misled parents adopting foster children by falsely claiming the agency lacked resources to provide subsidies while it returned hundreds of millions of dollars to the state, according to the Indianapolis law firm pursuing a class-action suit against DCS.
Judges weigh 4 states’ same-sex marriage cases
Three federal judges weighing arguments in a landmark gay marriage hearing this week peppered attorneys on both sides with tough questions, with one judge expressing deep skepticism about whether courts are the ideal setting for major social change and another saying the democratic process can be too slow.
Tough anti-abortion laws examined in federal court
Even with legislatures in summer recess, there's no lull in the battle over state anti-abortion laws as several federal courts decide whether to uphold or strike down some of the most sweeping measures.
IU Maurer gifted $3.25M for clinical endowed chair, scholarships
The Indiana University Maurer School of Law announced gifts of $3.25 million to establish an endowed clinical professorship and provide scholarship funds for Indiana high school graduates attending the law school.
Opinions Aug. 7, 2014 ILD
Indiana Court of Appeals
Rio Michaels v. State of Indiana (NFP)
79A04-1311-CR-559
Criminal. Affirms convictions of Class C felony carrying a handgun without a license with a prior felony and Class D felony criminal recklessness.
D'Arcy Lambert-Knight v. John S. Shelhart and Jennifer Villars (NFP)
64A03-1310-CT-408
Civil tort. Affirms court’s conversion of Villars’ motion to dismiss to a motion for summary judgment.
Jeanne Rippe v. Daniel Rippe (NFP)
17A05-1312-DR-611
Domestic relation. Finds Jeanne Rippe’s challenges to orders from 2011 and 2013 are forfeited or waived. Remands to the trial court with instructions to determine appellate attorney fees for Daniel Rippe because his ex-wife’s appeal is frivolous.
Opinions Aug. 7, 2014
Indiana Tax Court
Howard County Assessor v. Kokomo Mall, LLC
49T10-1109-TA-56
Tax. Affirms the final determination of the Indiana Board of Tax Review that reduced Kokomo Mall LLC’s commercial property assessments for the 2007, 2008 and 2009 tax years. Court declines to reweigh the evidence presented to the board and rejects the assessor’s claim that the mere presentation of a USPAP appraisal establishes a prima facie case.
Court upholds property tax assessments of Kokomo Mall
The Indiana Tax Court Wednesday affirmed the decision by the state Board of Tax Review to reduce Kokomo Mall LLC’s commercial property assessments for the 2007-2009 tax years.
Court clarifies ‘known claim’ exclusion applies in insurance coverage dispute
The Indiana Court of Appeals granted rehearing to a case involving a dispute over coverage for environmental contamination and found that the "known claim” exclusion applies, not the known loss doctrine.
Judge ‘troubled’ by delays in relocation case
The Indiana Court of Appeals Thursday upheld a mother’s decision to relocate from Indiana to Georgia with her daughter before a court hearing was held on the matter. But one judge on the panel found the court’s reliance on the time the mother and child lived in Georgia to support its decision “makes a mockery” of the relocation statute.
Indiana gets $1.1 million to help at-risk youths
The U.S. Labor Department is awarding a $1.1 million grant to Indiana for academic and job skills training for at-risk youths.
McDermott to seek another term as Hammond mayor
Attorney and Hammond Mayor Thomas McDermott Jr. says he'll seek re-election to that post but still is considering a run for governor in 2016.