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Two judges on the Indiana Court of Appeals Wednesday believed that a Hammond resident didn’t have the benefit of an impartial decision maker in the proceeding that ordered demolition of his property. They believed the city attorney, whose office prosecuted the case, couldn’t sit on the city board that conducted the hearing.
The Indiana Court of Appeals agreed Wednesday that a trial court erred in concluding a promissory note executed between a mother and son is an asset of the mother’s estate, although the panel was split as to why the court erred.
The YMCA Camp Tecumseh’s quest to stay a zoning decision that allows a confined feeding operation to set up shop next to the camp’s property should be heard in White County, not Carroll County where the camp is located, the Indiana Court of Appeals ruled.
Federal Judge Richard Young has overturned Indiana’s ban on same-sex marriage, finding the law violates the 14th Amendment’s due process and equal protection clauses.
The Indiana Tax Court Tuesday upheld the decision by the state to reject appropriations and levies associated with the Speedway Public Library’s 2011 budget because proper public notice regarding the budget wasn’t given.
The Indiana Prosecuting Attorneys Council has elected Washington County Prosecutor Dustin Houchin as chairman of its board of directors.
Indiana Court of Appeals
Willie J. Washington v. State of Indiana (NFP)
02A03-1310-CR-427
Criminal. Affirms sentence for Class C felony corrupt business influence and 20 counts of Class C felony forgery.
Antonio McCaster v. State of Indiana (NFP)
79A04-1311-CR-544
Criminal. Affirms conviction of Class A felony dealing in cocaine and habitual offender determination.
Melissa Brandon v. State of Indiana (NFP)
49A05-1310-CR-521
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Eric Garver, Brian Garver, and Dawn Shepherd v. IDS Property Casualty Insurance Company (NFP)
64A03-1307-PL-292
Civil plenary. Affirms the trial court correction determined the policy limit at $250,000 and the homeowner policy excluded further payment of damages claimed by the Garvers.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
Tyrone L. Jones v. Richard Brown
12-3245
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Affirms denial of Jones’ petition for habeas relief. Finds his trial counsel was not constitutionally ineffective under Strickland.
The Indiana Court of Appeals Tuesday ordered a trial court to factor in the loss of use of a semi-tractor in a replevin action. It emphasized to the lower court that the amount of damages in a replevin action must be limited to a reasonable amount.
The 7th Circuit Court of Appeals and the United States Bankruptcy Court for the Northern District of Indiana want to hear from attorneys about proposed rule changes.
An Indiana man who was denied habeas relief, arguing his trial attorney was ineffective for not trying to suppress as evidence clothing he had given to police after his arrest, lost his appeal before the 7th Circuit Court of Appeals Tuesday.
The state Court of Appeals has upheld a northern Indiana judge's decision to allow videotaped statements from a dead witness to be used in an upcoming murder trial.
Indiana Court of Appeals
Godfrey Ikechukwu Egwu, Jr. v. State of Indiana (NFP)
82A01-1311-CR-510
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.
Brandon Daniels v. State of Indiana (NFP)
20A03-1309-CR-374
Criminal. Affirms conviction for Class D felony failure to return to a lawful detention.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
United States of America v. Walbert Keith Farmer
13-3373
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Tanya Walton Pratt.
Criminal. Vacates conditions of supervised release that required Farmer to submit to certain searches at the request of his probation officer, even without a warrant or reasonable suspicion, and a ban on self-employment. These special conditions do not bear a reasonably direct relationship to Farmer’s underlying crimes of attempted extortion. Remands for further proceedings.
A divided Indiana Supreme Court will let stand the lower court ruling that affirmed a lump sum Social Security Disability Insurance payment was not an asset of marriage subject to division.
Because two special conditions imposed on a man convicted of attempted extortion do not bear a reasonably direct relationship to his underlying crimes, the 7th Circuit Court of Appeals vacated those conditions.
The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a lawsuit alleging medical malpractice, finding the trial court should not have stricken the affidavit of the plaintiffs’ expert witness.
When Indiana's legislative leaders called the General Assembly back for one day last week, it was because they had discovered a handful of mistakes made earlier this year that just couldn't wait until the next session to be fixed.
The Marion County Prosecutor's Office has reached plea agreements in two cases in which a contractor was accused of paying workers less than the required wage on publicly financed projects.
The Supreme Court of the United States on Monday placed limits on the sole Obama administration program already in place to deal with power plant and factory emissions of gases blamed for global warming.