Justices send Boonville annexation case back to trial court
Multiple parcels of land acquired by the state for an adjoining public roadway should be counted as one parcel for purposes of remonstration, the Indiana Supreme Court ruled Tuesday.
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Justices take case arguing retroactivity for revised criminal code
A man convicted of cocaine charges as a Class A felony and ultimately sentenced to 38 years in prison will get to argue to the Indiana Supreme Court that his punishment is disproportionate to the reduced offense that will take effect in July as part of Indiana’s revised criminal code.
Judiciary committee to consider guardians being able to file for divorce
Tackling an issue that has appeared in the Court of Appeals twice in recent months, the Senate Judiciary Committee will hear legislation that would allow guardians to file for divorce on behalf incapacitated adults.
Opinions Jan. 20, 2014 ILD
The following Indiana Court of Appeals opinion was posted after IL deadline Friday:
Marilyn South v. Harry South (NFP)
15A01-1306-DR-251
Domestic relation. Affirms dissolution of marriage and division of assets.
The Indiana Supreme Court, Court of Appeals, Tax Court and 7th Circuit Court of Appeals are closed Monday in observance of Martin Luther King Jr. Day.
Opinions Jan. 20, 2014
The following Indiana Court of Appeals opinion was posted after IL deadline Friday:
Marilyn South v. Harry South (NFP)
15A01-1306-DR-251
Domestic relation. Affirms dissolution of marriage and division of assets.
The Indiana Supreme Court, Court of Appeals, Tax Court and 7th Circuit Court of Appeals are closed Monday in observance of Martin Luther King Jr. Day.
Many small firms to opt out of health benefits in 2015
Many employers with fewer than 50 workers kept their health plans for 2014, but a growing number say they’ll drop group coverage at the end of this year. Things were already trending this way before Obamacare, known officially as the Affordable Care Act. The percentage of employers with 50 or fewer workers offering health benefits in Indiana declined from 44 percent in 2000 to just 29 percent in 2011, according to a study by the Robert Wood Johnson Foundation.
Lawyers participate in ‘Talk to a Lawyer Today’ program
Indiana attorneys across the state are using Monday as a way to pay tribute to Martin Luther King Jr. by providing free legal advice to the general public.
Former justice to speak about career at McKinney lecture
Former Indiana Justice Frank Sullivan Jr., now a professor at Indiana University Robert H. McKinney School of Law, will reflect on his experiences while on the Indiana Supreme Court at a Jan. 30 lecture at the law school.
Committee continues hearing on ‘ag-gag’ bill Tuesday
The Corrections and Criminal Law Committee will hear six bills Tuesday, including controversial legislation concerning trespassing on agricultural land.
Opinions Jan. 17, 2014 ILD
Indiana Court of Appeals
Shane L. Duckworth v. State of Indiana (NFP)
82A04-1304-CR-152
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.
Felipe Cortez v. State of Indiana (NFP)
20A04-1305-PC-237
Post conviction. Affirms denial of petition for post-conviction relief.
Samuel L. Knox v. State of Indiana (NFP)
49A02-1305-CR-429
Criminal. Affirms conviction of Class D felony intimidation.
Julianna K. Williams v. State of Indiana (NFP)
02A04-1307-CR-343
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance and Class A misdemeanor possession of marijuana.
Landin Anderson v. State of Indiana (NFP)
49A05-1304-CR-203
Criminal. Affirms conviction of Class B felony dealing in cocaine.
In the Matter of the Termination of the Parent-Child Relationship of: L.B. and S.B., (Children), J.J. (Mother) and J.B. (Father) v. Indiana Department of Child Services (NFP)
02A05-1305-JT-250
Juvenile. Affirms termination of both parent’s parental rights.
C.C. v. State of Indiana (NFP)
76A03-1305-JV-184
Juvenile. Affirms judgment that C.C. is a delinquent child.
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.
Opinions Jan. 17, 2014
Indiana Court of Appeals
Shane L. Duckworth v. State of Indiana (NFP)
82A04-1304-CR-152
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.
Magistrate, expungement bills pass committee
Legislation updating Indiana’s expungement law – including language specifying where a petition for expungement must be filed – is now eligible for consideration by the full House. The expungement bill is one of several that moved out of committee Thursday.
Courts warn of email scam using phony court cases
The United States Courts cautioned attorneys this week about an email scam in which the emails purporting to come from federal and state courts are infecting recipients with computer viruses.
Beer wholesalers enlist lawmakers in fight against Monarch
The Statehouse is a common battlefield for factions in Indiana's alcoholic beverage industry, and this session, one group of beer wholesalers is firing shots in multiple directions.
Opinions Jan. 16, 2014 ILD
Indiana Court of Appeals
Chauncey Krantz v. State of Indiana (NFP)
84A04-1302-CR-87
Criminal. Affirms 16-year sentence for Class C felony child molesting, Class C felony child exploitation and Class D felony possession of child pornography.
Ronald Lemon v. State of Indiana (NFP)
82A04-1305-CR-221
Criminal. Affirms Class D felony possession of marijuana conviction.
Jack Perkins, III v. State of Indiana (NFP)
82A04-1306-CR-315
Criminal. Affirms convictions of Class A felony child molesting and Class B felony confinement.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Jan. 16, 2014
Indiana Court of Appeals
Floyd County and Floyd County Plan Commission v. City of New Albany and New Albany City Plan Commission
22A05-1303-MI-139
Miscellaneous. Affirms summary judgment for the city on a lawsuit over whether the city or county has zoning jurisdiction over an unincorporated area outside the city limits. As a matter of law, the county is not entitled to exercise jurisdiction over the fringe area, nor is it required to consent to the city’s exercise of jurisdiction. Because the county has a population of less than 95,000, Indiana Code 36-7-4-205(f) determines which entity is entitled to exercise jurisdiction over the fringe area, and because the city is providing municipal services to the fringe area, it is entitled to the exercise of jurisdiction without the necessity of county approval.
Zoeller: Allcare dental chain victims to get refunds
Nearly 300 former patients of a national dental chain that closed Indiana locations without notice in 2011 will receive partial or total refunds, Attorney General Greg Zoeller said in a statement Thursday.
Opinion affirms New Albany has zoning jurisdiction over fringe area of county
In a dispute between the city of New Albany and Floyd County concerning which entity has zoning jurisdiction over an unincorporated area outside city limits, the Indiana Court of Appeals affirmed summary judgment for the city.
Company can’t prevail in appeal on claims of collusion
The 7th Circuit Court of Appeals affirmed the confirmation of a sale of an ethanol plant in South Bend to a joint venture, rejecting a nonbidder’s claim that the establishment of the joint venture amounted to collusion that spoiled the auction.
Dickson: Lawmakers’ help needed to fix Marion County Small Claims courts
Indiana Chief Justice Brent Dickson told a joint session of the General Assembly Wednesday that lawmakers’ help was needed to fix Marion County Township Small Claims Courts, which have been plagued by allegations of forum shopping and other criticism.