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An acrimonious fight between an Indiana businessman and the Indiana Department of Revenue has not only forced the Indiana Tax Court to take the unusual step of getting involved in the discovery process but also created a case of first impression.
The Committee to Study Evidence-Based Pretrial Release was established by Indiana Chief Justice Brent Dickson in December 2013. The Supreme Court wants a study and evaluation of the risk-assessment tools that are available to determine when pretrial release is appropriate and under what conditions.
To help attorneys who are concerned about the intellectual fitness of another lawyer or judge, the American Bar Association has recently released a cognitive assessment tool. The “Working Paper on Cognitive Impairment and Cognitive Decline” is a questionnaire designed to give attorneys guidance in determining whether a partner or friend is just having a bad month or is suffering from something more serious. It also provides recommendations for talking to a colleague who is exhibiting troublesome behavior.
An Indiana Court of Appeals judge recently wrote that her colleagues who formed the majority to rule against a local tourism board were “out of touch,” and she suggested a case over an Internet domain name presented a novel issue that no court in the country has addressed.
A pair of Indiana same-sex couples who were married in June have asked the U.S. Social Security Administration to recognize their marriages.
The Indiana Supreme Court will hear the appeal of a man whose 120-year sentence on conviction of four counts of attempted murder was reversed by the Court of Appeals.
Despite the absence of danger to the public, the strong odor of raw marijuana provided the probable cause a police officer needed to conduct a warrantless search.
A father who asked the trial court for a continuance to hire a lawyer after he realized his child’s grandparents had hired an attorney was prejudiced when the request was denied, the Indiana Court of Appeals ruled Monday.
Indiana Court of Appeals
Uriah M. Levy v. State of Indiana (NFP)
34A04-1402-CR-67
Criminal. Affirms revocation of Levy’s probation.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.S., D.S., and N.S., Minor Children, and Their Father S.S., S.S. v. Indiana Department of Child Services (NFP)
49A02-1312-JT-1051
Juvenile. Affirms juvenile court’s order terminating father’s parental right to his three minor children.
Charles E. Decker v. State of Indiana (NFP)
84A01-1401-CR-19
Criminal. Affirms revocation of Decker’s probation and the trial court’s order that he serve the remaining four years of his sentence in the Indiana Department of Correction.
Henry Lewis v. State of Indiana (NFP)
49A04-1307-PC-342
Post conviction. Affirms denial of Lewis’s petition for post-conviction relief.
The Indiana Supreme Court and Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.
Indiana Court of Appeals
Bobby Alexander v. State of Indiana
49A04-1207-CR-351
Criminal. Reverse one of two convictions for Class B felony aggravated battery. Rules the state incorrectly asserted in the charging information and during closing arguments that Alexander’s actions of shooting at a car created a substantial risk of death. Remands with instructions to enter judgment of conviction for battery as a Class C felony and to resentence accordingly.
A prisoner was improperly denied counsel to help with discovery in his federal lawsuit that claimed a medical provider was deliberately indifferent to glaucoma that ultimately required removal of part of his eye.
A man convicted of attempted murder failed to convince a panel of the 7th Circuit Court of Appeals that he suffered sufficient prejudice to warrant relief from a 90-year sentence imposed after a brutal crime.
A plaintiff who judges say took a “kitchen sink” approach to litigation over an alleged wrongful arrest failed to convince the 7th Circuit Court of Appeals that a federal judge in Indianapolis improperly dismissed most of her complaint.
The battery with a deadly weapon conviction of a man who attacked a resident manager at a Noblesville trailer park with a metal pipe and a stun gun was affirmed by the Indiana Court of Appeals Monday.
A defendant who shot at a car with a semiautomatic rifle, causing a bullet to graze the driver, did not commit Class B felony aggravated battery because the injury inflicted upon the victim did not create a substantial risk of death.
The Indianapolis legal community is making a final push to help youngsters get the supplies they need as they head back to the classroom.
Outgoing U.S. Attorney Joe Hogsett will join the Indianapolis law firm of Bose McKinney & Evans LLP, effective Aug. 1, the firm announced in a news release Monday.
The 7th Circuit Court of Appeals denied the state’s motion and will seat the standard three-judge panel when it hears oral arguments next month on Indiana’s same-sex marriage lawsuits.
A company whose employee hit and killed another motorist after having dinner and drinks with a client is not liable because the employee was “going and coming” from work when the tragedy occurred, the Indiana Court of Appeals ruled.
Indiana Court of Appeals
Andrew Prairie v. State of Indiana (NFP)
29A02-1309-CR-841
Criminal. Affirms convictions of Class D felony attempted theft, three counts of Class D felony receiving stolen property, and a count of Class B misdemeanor unauthorized entry of a motor vehicle.
Kelsey Lynn Wilson v. State of Indiana (NFP)
82A01-1310-CR-454
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Merrill C. Roberts v. Unlimited, LLC d/b/a Remax Unlimited and Matthew A. Gunning (NFP)
49A05-1306-PL-294
Civil plenary. Affirms denial of an award of attorney fees sought by Roberts.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.