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The Indiana Supreme Court Monday reversed a Tax Court ruling that favored Caterpillar Inc., holding the company could not deduct foreign-source dividend income when calculating its net operating losses for the years 2000 through 2003 for Indiana tax purposes.
Indiana’s Interest on Lawyers’ Trust Account program is expecting to receive a portion of the federal government’s historic multi-billion-dollar settlement with Bank of America, bringing a much-needed influx of funds to the program that has suffered dramatic declines in revenues as a result of the economic recession.
The Indiana Court of Appeals Monday affirmed the child molesting convictions and 30-year sentence of a man who claimed he was prejudiced because the trial court declined to admit a drug test from the victim showing she had no marijuana in her system.
Purdue University officials are asking their legal counsel to look into a new movie that makes frequent references to the school despite its refusal to grant permission to use official trademarks and logos.
Indiana Court of Appeals
Michael W. Cash v. State of Indiana (NFP)
15A01-1402-CR-94
Criminal. Affirms revocation of probation.
Cleveland Walker v. State of Indiana (NFP)
02A03-1312-CR-508
Criminal. Dismisses as untimely filed a motion to correct erroneous sentence.
Erik A. Lenning v. Wendy K. Short (NFP)
49A02-1312-DR-1009
Domestic relation. Affirms order of custody in favor of Wendy K. Short.
Corey A. Craig v. State of Indiana (NFP)
48A04-1311-PC-568
Post conviction. Affirms denial of post-conviction relief.
Tiese Smith v. State of Indiana (NFP)
49A02-1312-CR-1066
Criminal. Affirms conviction of Class A misdemeanor prostitution and Class C misdemeanor public nudity.
Jihand Johnson v. State of Indiana (NFP)
49A02-1401-CR-6
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Elias Terrazas v. Alfonso Menchaca (NFP)
45A03-1309-PL-382
Civil plenary. Affirms in part, reverses in part and remands. Majority affirms judgment in favor of Menchaca on his counterclaim and denial of Terrazas’ request for attorney fees. Reverses determination that Terrazas was entitled to set off half the rent collected after June 2010 against the judgment in favor of Menchaca. Remands to the trial court to correct the amount of judgment in favor of Menchaca and to calculate post-judgment interest owed ot Terrazas. Judge Paul Mathias dissents from the majority conclusion that the agreement between Menchaca and Terrazas is enforceable and from the majority conclusion that Terrazas should not receive credit in the amount of half the rental income Menchaca received.
Sammie L. Booker-El v. State of Indiana (NFP)
48A02-1312-CR-1012
Criminal. Dismisses appeal of child-molesting convictions as an unauthorized successive petition for post-conviction relief.
In Re the Termination of the Parent-Child Relationship of Jac.B., Je.B., Jam.B., M.H., and A.B. (Minor Children) and B.B. (Mother) v. Indiana Department of Child Services (NFP)
33A01-1401-JT-40
Juvenile. Affirms termination of parental rights.
Eddie T. Crider v. State of Indiana (NFP)
79A02-1401-CR-11
Criminal. Affirms denial of a motion to withdraw a guilty plea on a charge of Class A felony dealing in cocaine.
Indiana Tax Court
Indianapolis Racquet Club, Inc. v. Marion County Assessor
49T10-1201-TA-1
Property tax. Affirms Indiana Board of Tax Review finding that Indianapolis Racquet Club Inc. failed to establish a prima facie case that its 2002 assessments were excessive or that they were not uniform and equal.
A federal judge cited an attorney’s conflict of interest, misconduct and relative inexperience in rejecting his bid to certify a class in a lawsuit over costs of redeeming property after tax sales.
The Indiana Tax Court affirmed 2002 property tax assessments of the Indianapolis Racquet Club Thursday.
The NCAA has notified the 9th U.S. Circuit Court of Appeals that it intends to appeal a judge's ruling in the Ed O'Bannon case that it violated antitrust laws.
In a rare move, two attorneys will share the podium and argue before the 7th Circuit Court of Appeals that Indiana’s law defining marriage as only between one man and one woman is unconstitutional.
A northeastern Indiana judge apologized Thursday for saying at a public retirement reception for court staff members that one of the female retirees could have a second career as a phone-sex operator.
Indiana Court of Appeals
Darryll Beamon v. State of Indiana (NFP)
49A05-1312-CR-632
Criminal. Reverses conviction of Class D felony theft and remands for resentencing on Beamon’s conviction of resisting law enforcement.
Latorrea D. Ware v. State of Indiana (NFP)
20A03-1401-CR-18
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony maintaining a common nuisance.
John Naylor v. State of Indiana (NFP)
31A01-1301-PC-4
Post conviction. Affirms denial of pro se petition for post-conviction relief.
Antonio D. Rose v. State of Indiana (NFP)
45A03-1312-PC-478
Post conviction. Affirms denial of petition for post-conviction relief.
Kurnie Nickson v. State of Indiana (NFP)
48A02-1307-CR-658
Criminal. Affirms convictions of two counts of battery – one as a Class C felony for being committed by means of a deadly weapon and one as a Class A misdemeanor for resulting in serious bodily injury. Reverses sentence because it is inappropriate and remands for resentencing.
Darryl J. Goodwin v. State of Indiana (NFP)
18A05-1309-CR-468
Criminal. Affirms conviction and sentence for two Class C felony counts of stalking and Class D felony residential entry.
Leonard Abshier, III v. State of Indiana (NFP)
82A05-1401-CR-19
Criminal. Affirms revocation of probation.
Megan Renea Mecum v. State of Indiana (NFP)
82A04-1401-CR-4
Criminal. Affirms convictions of murder, Class D felony theft, Class A misdemeanor invasion of privacy and Class C felony conspiracy to commit robbery.
David Jones v. State of Indiana (NFP)
49A02-1312-CR-1032
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
John Watson v. State of Indiana (NFP)
49A02-1312-CR-1025
Criminal. Affirms murder conviction.
Indiana Court of Appeals
James S. Littrell v. State of Indiana
79A02-1401-CR-24
Criminal. Affirms conviction of Class B felony possession of cocaine. Finds Littrell’s right to a fast and speedy trial was not violated, the evidence is sufficient to support his conviction, and his sentence is appropriate. Remands for the sole purpose of correcting a typographical error in the guilty plea and sentencing orders.
The Indiana Court of Appeals Thursday affirmed the 25-year sentence handed down to a man whose erratic driving led police to pull his vehicle over and discover cocaine on the passenger. The judges found his right to a fast and speedy trial was not violated and the evidence supports that he jointly possessed the cocaine.
The Judicial Council of the 7th Circuit is inviting the public and members of the bar to comment as to whether U.S. Bankruptcy Chief Judge Robert E. Grant of the Northern District of Indiana should be reappointed to a new 14-year term.
The Indiana Court of Appeals has affirmed grant of Duke Energy Indiana’s request to include the amount spent during an 80-day delay in construction of the coal gasification plant in Edwardsport in a rate adjustment rider. Several parties intervened, claiming construction delays attributable to Duke should not be chargeable to ratepayers.
A court official said the man accused in the fatal shooting and stabbing of a fellow Purdue University student pleaded guilty Thursday to murder.
At its most basic level, Lafayette Urban Ministry's immigration services clinic is about family. That notion was in the forefront of Jefferson High School senior Devon Wolfe's mind as he designed the logo for the newly launched clinic.
A northwest Indiana judge has rejected a request by the Indiana attorney general's office that he put on hold his order striking down the state's right-to-work law until the state Supreme Court rules on a similar case.
Indiana Court of Appeals
Westport Homes, Inc. v. Greg Penley and Pam Penley (NFP)
30A01-1403-SC-120
Small claim. Reverses small claims judgment in favor of the Penleys over a breach of contract claim involving a refrigerator. Remands with instructions to enter judgment in favor of Westport.
David Johnson and Ieva S. Johnson and Eva G. Sanders and Joseph K. and Michelle Yeary v. Indiana Department of Environmental Management and Town of Whitestown (NFP)
06A05-1310-PL-506
Civil plenary. Affirms dismissal of the appellants’ petition for judicial review.
Larry Love v. State of Indiana (NFP)
49A04-1311-CR-553
Criminal. Affirms denial of motion to suppress.
Simone Smith v. State of Indiana (NFP)
49A02-1401-CR-21
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Jason G. Squier v. State of Indiana (NFP)
41A01-1311-CR-500
Criminal. Affirms conviction and sentence for Class C felony robbery.
Eric J. Smith v. State of Indiana (NFP)
02A03-1311-CR-449
Criminal. Affirms convictions of murder and Class B felony possession of a firearm by a serious violent felon.
Citi Capital Financial LLC v. Huntington National Bank (NFP)
29A02-1307-PL-643
Civil plenary. Affirms order granting partial summary judgment in favor of Huntington in a lien property dispute between it and City Capital.
In the Matter of the Termination of the Parent-Child Relationship of, A.C., Minor Child, and A.C., Father v. The Indiana Department of Child Services (NFP)
34A05-1402-JT-89
Juvenile. Affirms termination of father’s parental rights.
Brandon Brummett v. State of Indiana (NFP)
49A02-1304-CR-378
Criminal. Grants rehearing and affirms reversal of Brummett’s convictions for child molesting due to prosecutorial misconduct.
Rayshawn Winbush v. State of Indiana (NFP)
48A02-1401-PC-32
Post conviction. Affirms denial of amended petition for post-conviction relief.