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Justices considering definition of ‘place of detention’

There is a central question underlying a drug conviction case now under consideration by the Indiana Supreme Court: what is a “place of detention” under Indiana Evidence Rule 617? Once they answer that question, the justices will be able to decide whether a Grant County man’s heroin convictions must be thrown out.

Opinions Nov. 21, 2017

Indiana Court of Appeals
In re Unsupervised Estate of Cary A. Owsley, Logan A. Owsley v. Mark E. Gorbett, et al.
49A02-1701-EU-207
Estate, unsupervised. Affirms the dismissal of Logan A. Owsley’s verified petition to open estate and the denial of his motion to correct error. Finds the Marion Superior Court did not err in concluding a claim being pursued in federal court was not an asset or property of the estate of Cary Owsley and, accordingly, in dismissing the matter.

 

COA upholds dismissal of petition to open estate

An Indiana trial court properly applied district court precedent to determine that a claim for violation of a deceased man’s constitutional rights cannot be considered an asset in the deceased’s estates, the Indiana Court of Appeals ruled Tuesday.

COA: Landlord must close on sale of rental property

A Hendricks County landlord must close on the sale of her property to a tenant after the Indiana Court of Appeals ruled Tuesday there was no breach of a lease agreement preventing the enforcement of an Option to Purchase Real Estate Agreement.

Applications open for Allen County judgeship

Allen County attorneys interested in serving on the state trial court bench have an opportunity to be considered with the coming retirement of Allen Superior Judge Daniel G. Heath, the Indiana Supreme Court announced Tuesday.

COA: hearsay testimony causes harmless error

Although a trial court was wrong in permitting two police officers to recount to a jury what the defendant’s ex-girlfriend told them, the Indiana Court of Appeals ruled the admission was a harmless error.

Appeals court orders fee reimbursement for indigent defendant

A Marion County man found to be indigent is entitled to a reimbursement for the $740 in fees imposed on him by the probation department after the Indiana Court of Appeals found the Marion Superior Court abused its discretion by letting the probation department impose fees when it had not authorized such fees.

Deputy prosecutor wins summary judgment on malicious prosecution claims

A deputy prosecutor accused of encouraging a criminal investigation into a former sheriff’s deputy due to connections she made from a television show based on her life has been cleared of the allegations against her after a district court judge found her actions were covered by qualified immunity.

Andretti Autosport sued over sponsorship money from HHGregg

A group representing the unsecured creditors of HHGregg has filed suit against Andretti Autosport in an attempt to claw back nearly $1.5 million in sponsorship money the now-defunct retailer paid the racing team in the months leading up to its bankruptcy.

Opinions Nov. 20, 2017

Indiana Court of Appeals

Allan Highwood v. State of Indiana (mem. dec.)
49A02-1705-CR-1083
Criminal. Affirms Allan Highwood’s conviction for battery by means of a deadly weapon as a Level 5 felony. Finds evidence of probative value was presented from which the trial court as the trier of fact could find beyond a reasonable doubt that Highwood committed the offense of battery by means of a deadly weapon.

Attorneys choose Vinovich to serve on JNC, JQC

Highland attorney and one-time Indiana State Bar Association president Daniel B. Vinovich won a three-way race to be elected as the northern Indiana attorney representative to the Judicial Nominating Commission and Judicial Qualifications Commission.