Mobile home park’s occupancy rate not enough to reduce property assessment
A low occupancy rate alone did not provide the owner of a mobile home community with the evidence it needed to get its property assessment reduced.
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Tax Court denies excess levy sought by IndyGo
Indianapolis’ public transit system lost a bid in the Indiana Tax Court to recover a budget shortfall that the Department of Local Government Finance ruled did not exist.
Store owner’s ‘Spice law’ prosecution may proceed, COA rules
The state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative authority to the Board of Pharmacy.
Jackson County juvenile home to be renamed for judge
The Jackson County Juvenile Home will be renamed this week for a judge who was instrumental in its founding nearly 35 years ago.
Justices take Star appeal regarding naming of online commenter
The Indiana Supreme Court will decide whether the Indianapolis Star must reveal the identity of an online commenter in a long-running defamation case filed by a former executive of a nonprofit organization.
More than half of Conour’s inventoried assets gone, feds say
About half the property that federal agents inventoried after former personal injury attorney William Conour was charged with wire fraud is missing from his home, and just 13 of 78 items at his former law office are still there, according to new government filings in his federal criminal case.
Opinions May 3, 2013 ILD
Indiana Court of Appeals
Kevin Brodley v. State of Indiana (NFP)
49A02-1209-CR-725
Criminal. Affirms conviction of Class C felony burglary, Class D felony theft, Class A misdemeanor criminal mischief and adjudication as a habitual offender.
In Re: The Guardianship of R.B. and S.B., minor children, M.N. and D.N. v. E.B. (NFP)
32A04-1211-GU-583
Guardianship. Affirms denial of grandparents’ request for permanent guardianship of S.B.
In the Matter of the Marriage of: Sarah L. Jacobson v. Matthew C. Jacobson (NFP)
32A01-1210-DR-465
Domestic relations. Affirms denial of Sarah Jacobson’s post-dissolution petition for contempt filed against Matthew Jacobson.
Dennis C. Burgher v. State of Indiana (NFP)
27A02-1210-CR-825
Criminal. Affirms conviction of Class D felony criminal confinement.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions May 3, 2013
Indiana Court of Appeals
Kevin Brodley v. State of Indiana (NFP)
49A02-1209-CR-725
Criminal. Affirms conviction of Class C felony burglary, Class D felony theft, Class A misdemeanor criminal mischief and adjudication as a habitual offender.
Indy 7th Circuit Conference to host Roberts, Kagan, Lugar
United States Chief Justice John G. Roberts, U.S. Supreme Court Justice Elena Kagan and former Sen. Richard G. Lugar are featured speakers at the 62nd Annual Meeting of the 7th Circuit Bar Association and Judicial Conference opening Sunday in Indianapolis.
Justices will visit Lake County for arguments in drug case
The Indiana Supreme Court travels to Merrillville High School May 9 for oral arguments dealing with the admittance of drug evidence after a vehicle search.
Drug court road trip to make northern Indiana stops
A national tour highlighting the successes of drug courts and other problem-solving courts will make stops at two northern Indiana drug courts this month.
Opinions May 2, 2013 ILD
Indiana Court of Appeals
Jason Tye Myers v. State of Indiana (NFP)
79A04-1209-PC-481
Post conviction. Affirms denial of petition for post-conviction relief.
Dywan Masterson v. State of Indiana (NFP)
02A03-1208-PC-368
Post conviction. Affirms denial of petition for post-conviction relief.
Frank T. Grannan v. State of Indiana (NFP)
79A02-1209-CR-696
Criminal. Affirms convictions of Class C misdemeanors operating while intoxicated, operating with an alcohol concentration equivalent of 0.08 but less than 0.15, and operating with a controlled substance or its metabolite in the body.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions May 2, 2013
Indiana Supreme Court
Gerald P. VanPatten v. State of Indiana
02S03-1205-CR-251
Criminal. Vacates two convictions of child molesting, one as a Class A felony and one as a Class C felony, because a nurse’s testimony about statements made by the alleged six-year-old victim, who later recanted, should not have been admitted as substantive evidence. Affirms trial court was within its discretion to deny VanPatten’s attorneys’ motions to withdraw. Justice Massa concurs in result with a separate opinion in which Justice Rush joins. Remands for a new trial on the two counts.
COA: Successive Prosecution Statute not applicable to theft case
A Howard Superior judge properly refused to dismiss theft charges against a man because, despite the defendant’s arguments to the contrary, the Howard County charges were not previously prosecuted in Miami County.
Clothing labels and security tags not considered hearsay evidence
The Indiana Court of Appeals ruled Thursday that clothing from the store H & M that bore the company name and security tags attached to the clothing could be admitted at a woman’s trial for theft from the store on Black Friday.
February 2013 bar exam results released
The Board of Law Examiners has posted the names of the 195 successful bar exam applicants from the February 2013 exam. The BLE reports that 294 applicants sat for the bar.
Court seeks comment on reappointment of Magistrate Cosbey
The U.S. District Court in the Northern District of Indiana is now accepting comment on whether Magistrate Judge Roger Cosbey should be reappointed when his term expires Jan 2, 2014.
Justices order new molestation trial after nurse’s statements admitted improperly
Ruling that statements two 6-year-olds made regarding alleged molestation to a nurse should not have been admitted under the hearsay exception in Ind. Rule of Evidence 803(4), the Indiana Supreme Court reversed two child molesting convictions and ordered a new trial.
Trial set in Carmel’s complaint on Palladium construction
Mediation is scheduled for May 21 in a 2-year-old lawsuit the city of Carmel brought over defects discovered during construction of its signature Palladium concert hall.
Opinions May 1, 2013 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.