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.
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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.
Rush named next chief justice, first female to lead the court
Loretta Rush was selected the next chief justice of the Indiana Supreme Court Wednesday by the seven-member Judicial Nominating Commission, which deliberated about an hour before naming her the first female chief justice in the state’s history.
“I appreciate the vote of confidence the JNC has given me,” Rush said after her unanimous selection. On being the first woman chief, she said, “I look forward to the day it’s unremarkable.”
Rush will succeed outgoing Chief Justice Brent Dickson, who announced earlier this year he will step down from the leadership position by Sept. 1, but will remain on the court. Dickson, who as chief justice also chairs the JNC, must retire from the court when he turns 75 in July 2016.
Rush named next chief justice
Loretta Rush was selected the next chief justice of the Indiana Supreme Court Wednesday by the seven-member Judicial Nominating Commission.
Opinions Aug. 6, 2014 ILD
Indiana Court of Appeals
Arthur Gutierrez, Jr. v. State of Indiana (NFP)
64A03-1309-CR-365
Criminal. Affirms conviction of Class A felony child molesting.
In the Matter of J.K., A Child in Need of Services, M.K., Father v. Marion County Department of Child Services and Child Advocates, Inc. (NFP)
49A02-1312-JC-1008
Juvenile. Affirms adjudication that J.K. is a child in need of services.
Jeffery A. Foster v. State of Indiana (NFP)
14A01-1311-CR-522
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury and imposition of $120 in costs and fees. Remands for hearing to assess Foster’s ability to pay an additional $48 in other fees.
Daniel Utterback v. State of Indiana (NFP)
34A02-1312-CR-1021
Criminal. Affirms seven-year sentence for Class C felony child molesting.
The Indiana Supreme Court and Tax Court released no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Aug. 6, 2014
Indiana Court of Appeals
Kevin Davis v. State of Indiana
49A05-1310-CR-523
Criminal. Affirms conviction of Class A felony robbery resulting in serious bodily injury. L.H.’s statements to police identifying Davis as participating in the beating and robbery were properly admitted, the trial court did not err when it determined two witnesses had made themselves unavailable and therefore allowed their depositions to be admitted into evidence at trial, and there is sufficient evidence supporting the conviction.
Man does not need to wait 3 years to file new expungement petition
The Indiana Court of Appeals granted a defendant’s petition for rehearing to address a “perhaps unique question” presented in his petition: Does he have to wait three years before he can file another petition to expunge the records of his Class A misdemeanor conviction?
Court correctly ruled man with terminated employment contract could retire
An employment contract between a certified public accountant and his employer did not prohibit the CPA from retiring from his position after the company announced it would not be renewing his contract, the Indiana Court of Appeals concluded Wednesday.
Women who dodged orders to appear at trial properly declared unavailable
The Indiana Court of Appeals affirmed a teen’s conviction of felony robbery, finding the trial court did not abuse its discretion in declaring two women unavailable for his trial and admitting their depositions at his trial.