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7346 results for 'articles'

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Virginia statute of limitations holds in Evansville radio purchase

June 27, 2014

Nearly identical provisions in business agreements meant a media owner had to file his complaint against another communications company by the statute of limitations deadline in Virginia, not in Indiana.

Opinions June 27, 2014 ILD

June 27, 2014

Indiana Court of Appeals
J.W. v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1311-EX-1003
Agency action. Affirms dismissal of request for unemployment benefits.

Edward D. Bagshaw v. State of Indiana (NFP)
10A01-1305-CR-236
Criminal. Affirms conviction of murder and 65-year sentence.

Joseph D. Reed v. State of Indiana (NFP)
49A02-1310-CR-883
Criminal. Affirms revocation of probation and remands to modify the abstract of judgment to reflect the trial court’s stated reasons for revocation.
 
Jeffrey Allen Gosney, Jr. v. Teri Gosney (NFP)
53A01-1310-DR-452
Domestic relation. Affirmed in part, reversed in part and remanded with instructions to reconcile inconsistent orders regarding father’s parenting time.

Richard R. Hogshire v. Ursula Hoover (NFP)
06A01-1309-DR-402
Domestic relation. Affirms in part, reverses in part and remands, finding the trial court erred in ordering Hogshire to pay $750 a week in maintenance to Hoover and to pay outstanding and future fees to an expert witness hired to valuate his businesses.
 
Charles Swift v. State of Indiana (NFP)
48A04-1309-CR-471
Criminal. Affirms 20-year executed sentence and convictions of Class B felony robbery and Class C felony robbery.

Clifford Mosley v. State of Indiana (NFP)

49A02-1311-CR-983
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Indiana Tax Court issued no opinions by IL deadline Friday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

Opinions June 27, 2014

June 27, 2014

Indiana Supreme Court
South Shore Baseball, LLC d/b/a Gary South Shore RailCats and Northwest Sports Venture, LLC v. Juanita DeJesus
45S03-1308-CT-531
Civil tort. Reverses trial court denial of a motion for summary judgment to the Railcats defendants in a case brought by a fan injured by a foul ball hit into the stands at a minor-league baseball game. Holding the defendants are entitled to summary judgment, remands to the trial court to enter judgment accordingly.

 

Judges, prosecutor at odds over 12-hour rule for Indy arrestees

June 27, 2014

Marion Superior judges Friday delayed enacting a policy opposed by Prosecutor Terry Curry that would ensure major felony suspects a probable cause determination within 12 hours of arrest.

Justices end suit against Gary Railcats over foul-ball injury

June 27, 2014

A fan who suffered fractured facial bones and was blinded in one eye after she was struck by a foul ball at a Gary SouthShore Railcats baseball game may not proceed with a lawsuit against the team, the Indiana Supreme Court ruled Friday.

Reversal holds bank’s suit on repossessed vehicle filed too late

June 27, 2014

A pro se litigant won a reversal at the Indiana Court of Appeals Friday, which ruled a trial court erred when it ruled in favor of a bank seeking to collect after a vehicle repossession.

Judicial candidates warned about campaign content

June 27, 2014

Candidates for judicial office should not use photographs of courtrooms in their campaign materials, and only incumbent judges should be depicted in judicial robes in campaign ads, according to an advisory opinion from the Indiana Commission on Judicial Qualifications.

Ruling limits president’s recess appointments

June 27, 2014

The Supreme Court of the United States on Thursday limited the president's power to fill high-level administration posts with temporary appointments, ruling in favor of Senate Republicans in their partisan clash with President Barack Obama.

Simon sues insurance companies over fatal escalator accident

June 27, 2014

Simon Property Group Inc. has filed suit against two insurance companies in an attempt to recoup damages relating to an escalator accident at Circle Centre mall in 2009 that led to the death of a Texas FFA delegate.

Indiana recouping more tobacco settlement money

June 27, 2014

Indiana is set to recoup some of the money it had lost in tobacco lawsuit payouts after an agreement was reached between Attorney General Greg Zoeller and tobacco companies.

Opinions June 26, 2014, ILD

June 26, 2014

Indiana Court of Appeals

Rebecca Roberts v. State of Indiana (NFP)
03A01-1311-CR-498
Criminal. Affirms decision ordering Roberts to serve the entire previously suspended sentence following her probation violation.

Thomas Schultheis v. State of Indiana (NFP)
60A04-1311-CR-582
Criminal. Affirms conviction of Class D felony intimidation of a law enforcement officer.

E. Rodney Lewis Blair v. State of Indiana (NFP)
45A03-1311-CR-432
Criminal. Affirms denial of motion to withdraw guilty plea to Class B felony dealing in cocaine.

Desmond McGee v. State of Indiana (NFP)
49A05-1311-CR-555
Criminal. Affirms conviction of Class B misdemeanor battery.

Garry D. Jackson v. State of Indiana (NFP)
39A01-1310-CR-457
Criminal. Affirms conviction of Class A misdemeanor driving while intoxicated, finding Jackson is a habitual offender, and four-year prison sentence.

L.P. Richardson v. Eric Armstrong, Jonathon Postell, Tyrone Postell, Lambert Barnes (NFP)
49A02-1309-PL-826
Civil plenary. Affirms dismissal of Richardson’s complaint and award of attorney fees and court costs to Armstrong.

Shawn P. English v. State of Indiana (NFP)
02A03-1311-CR-457
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class D felony battery.

Rick Whipple v. State of Indiana (NFP)
29A02-1312-CR-1000
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline Thursday. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

Opinions June 26, 2014

June 26, 2014

Indiana Court of Appeals
Traci Nelson v. Tony Nelson
41A01-1309-DR-424
Domestic relation. Affirms order denying Traci Nelson’s motion to relocate and modifying custody of her child in favor of father Tony Nelson. Finds mother’s reasons for relocation were legitimate and in good faith and that the conclusion that the Relocation Statute factors disfavored relocation and merited a change in custody to father was not clearly erroneous.

Deed provisions are not vague, COA rules

June 26, 2014

Finding that the trial court erred in construing the provision of a plaintiff’s deed in a dispute over use of parking areas, the Indiana Court of Appeals reversed the finding of the existence of a prescriptive easement allowing dance academy customers to use portions of land owned by a neighboring company for ingress and egress from the academy’s property.

COA: Bank could charge back account after check is lost

June 26, 2014

A man who withdrew nearly all of the money in a bank account is personally liable to pay back that money to the bank, the Indiana Court of Appeals ruled Thursday. The bank had lost a check deposited into the account and the account holder was unable to help the bank identify the check writer to obtain a replacement check.

10th Circuit ruling pushes gay marriage closer to Supreme Court

June 26, 2014

The first ruling by a federal appeals court that states cannot prevent gay couples from marrying makes it more likely the Supreme Court of the United States will ultimately have to make a decision it has so far avoided — do states have the ability to prohibit same-sex marriage?

Some Indiana clerks refuse to issue same-sex marriage licenses

June 26, 2014

A federal judge’s ruling declaring Indiana’s ban on same-sex marriage unconstitutional doesn’t trump a clerk’s religious convictions in one county. Elsewhere, county clerks are being instructed that it’s up to them whether they issue licenses to gay couples.

Landlords timely delivered itemized damages notice to former tenants

June 26, 2014

The date a tenant provides her forwarding address to her landlord triggers the 45-day period the landlord has to deliver the itemized damages to the tenant, the Indiana Court of Appeals ruled Thursday.

COA affirms order that child should remain in Indiana with father

June 26, 2014

Although the trial court erred in concluding that a Johnson County mother did not relocate to South Carolina for legitimate reasons, the court correctly ordered her son to remain in Indiana with his father, the Indiana Court of Appeals held.

Church lacks standing to appeal order preventing erection of crosses on city property

June 26, 2014

An Evansville church that sought to display multiple six-foot-tall crosses along the city’s public Riverfront cannot appeal the court order that prevents the city from allowing the display, the 7th Circuit Court of Appeals ruled Wednesday.

Clark County loses request to impose excess property tax levy

June 26, 2014

Noting that the Clark County Council made the conscious decision to not levy the maximum amount of property taxes allowed by statute for the 2008 budget year, it cannot now claim that decision is somehow a data error that the Department of Local Government Finance could later correct, the Indiana Tax Court ruled Wednesday.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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