Push dropped for Indiana law requiring youth bicycle helmets
An Indiana legislator is dropping his push for a new law requiring all youthsto wear protective helmets while riding a bicycle, skateboard or skates on public property.
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Woman found guilty but mentally ill in aunt’s 2006 slaying
A woman has been found guilty but mentally ill in the slaying of her 83-year-old aunt more than a dozen years ago in Greenwood.
Scrap over old Indiana gay marriage ban derails popular bill
A potential fight over whether to repeal Indiana’s obsolete ban on same-sex marriages has sidetracked a widely supported proposal to raise the state’s minimum age for getting married.
Opinions Jan. 31, 2020
Indiana Court of Appeals
Small Business in Transportation Coalition, et al. v. Indiana Department of Revenue, et al.
19A-PL-370
Civil Plenary. Affirms the Marion Superior Court order in favor of the Indiana Department of Revenue on a complaint by Small Business in Transportation and other plaintiffs’ class-action suit seeking the reimbursement of potentially hundreds of millions of dollars in state motor carrier fees collected through an internet portal. Hold the plaintiffs’ efforts to recoup fees voluntarily paid through the portal is without basis in law.
Trial court has authority to address lake property dock dispute
The Indiana Court of Appeals on Friday affirmed on interlocutory appeal a trial court’s decision that it has the legal authority to address the merits of an Indiana Trial Rule 60(B) claim in a dispute over a dock location between Brown County lakefront property owners.
Wrongly admitted evidence of man’s 10-year-old crime requires new trial
The Indiana Court of Appeals has ordered a new trial for a man convicted of sexual battery after finding a trial court abused its discretion in admitting evidence of the man’s decade-old false informing conviction.
COA halts bid to recoup hundreds of millions in motor carrier fees
An appeals court on Friday affirmed a judgment for the Indiana Department of Revenue in a class-action lawsuit that sought to recoup hundreds of millions of dollars in state motor carrier fees trucking companies paid online.
Sentence upheld for man convicted of beating pregnant girlfriend
A man who beat his pregnant girlfriend and urged her to change her story and not testify against him did not convince the Indiana Court of Appeals to reverse his sentence and convictions.
Suit: Carmel schools failed to protect student from swim coach
A woman whose former high school swim coach is now imprisoned for sexually exploiting her while she was a member of the swim team is suing a suburban Indianapolis school district, alleging that it failed to protect her from the abuse.
Nassar survivors offered $215M settlement by USA Gymnastics
USA Gymnastics has filed a bankruptcy plan that includes an offer of $215 million for sexual abuse survivors to settle their claims against the embattled Indianapolis-based organization.
Man pleads guilty to manslaughter in deaths of 2 women
An Indiana man on Thursday pleaded guilty but mentally ill in the 2016 strangulation death of a radio personality and her daughter.
Man who provided gun in deputy’s killing gets 46 years
| Associated Press and IL Staff
A man who pleaded guilty to providing a handgun used to kill a Boone County sheriff’s deputy has been sentenced to 46 years in prison on drug and weapons charges.
Probation revocation affirmed following new federal offenses
The Indiana Court of Appeals has affirmed the revocation of man’s probation after he committed multiple new offenses.
Resisting conviction affirmed for man who refused to show his hands
A man convicted of resisting law enforcement after refusing to remove his hands from his pockets did not persuade the Indiana Court of Appeals that there was insufficient evidence to support his conviction.
Prosecutor in Vincennes fighting discipline over role in police sex investigation
The elected prosecutor of Knox County in southwestern Indiana faces an attorney discipline case related to his conduct stemming from a local police investigation into his former deputy prosecutor’s relationship with a woman who was serving time on drug charges. An attorney for the prosecutor, however, is contesting the discipline case and says the prosecutor is the victim of a vendetta born of the small-town rumor mill.
Opinions Jan. 30, 2020
Indiana Court of Appeals
City of Bloomington Board of Zoning Appeals v. UJ-Eighty Corporation
19A-PL-00457
Civil plenary. Majority affirms the Monroe Circuit Court’s grant of UJ-Eighty Corp.’s petition seeking judicial review of the Bloomington Board of Zoning Appeals’ decision that affirmed the issuance of two notices of violation against UJ-Eighty. Finds the City of Bloomington improperly delegated authority to Indiana University in violation of the Due Process Clause of the Fourteenth Amendment. Affirms that the ordinance unconstitutionally violates due process. Judge L. Mark Bailey dissents with opinion.
Misdemeanor summonses, small claims filing limit bills pass House
Bills that would allow for summonses to appear instead of arrests in misdemeanor cases and that would raise the small claims filing limit statewide have passed the Indiana House of Representatives.
Indiana Justices hear arguments in Right to Farm dispute
A Hendricks County battle over whether a hog farming operation is protected by Indiana’s Right to Farm Act arrived at the Indiana Supreme Court on Thursday with opposing counsel arguing the limits and the intent of the statute.
Rapist loses appeal of assault convictions against ex
A convicted rapist has failed to overturn his convictions of sexual assault against his ex-girlfriend, with the Indiana Court of Appeals rejecting his challenges to the trial court’s evidentiary and procedural rulings.
Teen who planned school shooting rightly deemed delinquent, COA rules
A homeschooled teen who threatened to shoot students at northern Indiana high school did not convince an Indiana Court of Appeals panel that there wasn’t enough evidence to support his delinquency adjudication.