The Indiana Tax Court has granted summary judgment to a real estate company after finding it was entitled to a refund of money levied out of its bank account by the Indiana State Department of Revenue.
As he prepares to begin a 30-day, unpaid suspension, Clark Circuit Judge Bradley Jacobs is publicly apologizing for the first time for a night of drinking that led to him being critically wounded in a downtown Indianapolis shooting.
The Indiana Court of Appeals has affirmed the revocation of a Kentucky man’s previously suspended sentence for an Indiana conviction after he admitted to violating his probation when he tested positive for illegal substances.
The Indiana Court of Appeals has affirmed judgment for a Fort Wayne law firm after one of its clients refused to pay attorney fees she found to be unreasonable.
A man who asked for legal counsel that was not appointed in his misdemeanor invasion of privacy case will get a new trial, the Indiana Court of Appeals ruled Wednesday.
Read Indiana appellate court decisions from the most recent reporting period.
The term “excessive fine” is understandable. Unless you are a member of the Indiana Supreme Court. Then, in the context of civil asset forfeiture, the term becomes an enigma to be parsed in three dozen pages of ridiculous legal logic that even one of the five justices confessed he could not comprehend.
Indiana Supreme Court
In the Matter of the Honorable Andrew Adams; In the Matter of the Honorable Bradley B. Jacobs; In the Matter of the Honorable Sabrina R. Bell
19S-JD-386, 19S-JD-566, 19S-JD-567
Judicial discipline. Suspends Clark Circuit 1 Judge Andrew Adams, who is already under an interim suspension, for 60 days without pay, effective immediately, to be reinstated at 12:01 a.m. Jan. 13, 2020. Suspends Clark Circuit 2 Judge Bradley Jacobs and Crawford Circuit Judge Sabrina Bell for 30 days without pay, effective 12:01 a.m. Nov. 22, to be reinstated at 12:01 a.m. Dec. 23. Finds the respondents, who were involved in a violent confrontation in Indianapolis on May 1 in which Adams and Jacobs were shot, violated Indiana Code of Judicial Conduct Rules 1.2 and 3.1(c). Also finds Adams violated Code of Judicial Conduct Rule 1.1.
Indiana Supreme Court justices have affirmed the placement of a teenage boy in the Indiana Department of Correction, finding he was not provided ineffective assistance of counsel.
A lawsuit alleging an Indianapolis manufacturer delivered dozens of defective dump trucks in 2005 has taken a U-turn back to the trial court after the Indiana Supreme Court found it could not grant summary judgment sought by the truck builder in litigation brought against it by the truck buyers.
The Indiana Court of Appeals affirmed in part a judgment issued to a former medical device company employee, granting him an additional award for unpaid wages and remanding for the calculation of additional attorney fees it concluded he is entitled to.
The three judges involved in a night of drinking that ended in gunfire in downtown Indianapolis have each been suspended without pay from their southern Indiana benches. The Indiana Supreme Court order issued Tuesday marks the conclusion of the judicial discipline cases against the judges.
An Indianapolis condominium complex cannot seek more than $1 million in damages on a loan it took out to replace the shingles on its buildings, the 7th Circuit Court of Appeals ruled Friday.
A man hired to artificially inflate an Indiana oil company’s stock has lost his appeal at the 7th Circuit Court of Appeals after the federal court concluded the extent of his cooperation and whistleblower activities was adequately assessed when he was issued more than $1.5 million in civil penalties.
The following Indiana Tax Court opinion was posted after IL deadline Thursday.
McClain Museum, Inc. v. Madison County Assessor
18T-TA-1
Tax. Affirms the Indiana Board of Tax Review’s final determination that the Anderson McClain Museum’s property did not qualify for an educational purposes exemption, and reverses the board’s determination that the museum’s property did not qualify for a charitable purposes exemption. Finds the museum has made no showing that it conducts educational services, training or coursework related to military history, or that the state’s burden to provide military history education is relieved or would be increased if it were not for the museum. Also finds the museum’s ownership, occupation and use of its property convey a gift for the benefit of the general public that is charitable in nature. Finally, finds evidence contained in the administrative record supports the Tax Court’s finding that the museum’s property is eligible for a 75% exemption. Remands to the Indiana board to ensure the Madison County Assessor complies with the Tax Court’s instructions.
Just hours after hearing oral arguments on the merits in a murder case from 2000, the Indiana Supreme Court reversed its decision to assume jurisdiction over the case.
The Indiana Tax Court has affirmed an Indiana Board of Tax Review’s final determination that a Madison County nonprofit military museum does not qualify for an educational purposes exemption, though the court did find a charitable exemption is applicable.
Indiana Court of Appeals
Toby Lewis Webster v. State of Indiana (mem. dec.)
19A-CR-683
Criminal. Affirms Toby Webster’s conviction of Level 3 felony armed robbery. Finds sufficient evidence to support Webster’s armed robbery conviction because the victim testified Webster used a knife to stab him and then stole his van. Finds the Marion Superior Court improperly merged the battery with a deadly weapon count and the armed robbery count in violation of Indiana’s prohibition against double jeopardy. Reverses Webster’s conviction of Level 5 felony battery by means of a deadly weapon. Remands for the trial court to vacate the improperly merged battery conviction.
Despite a Supreme Court ruling making mandatory union fees for non-member public employees illegal, the 7th Circuit Court of Appeals has declined to award a fee refund to the named plaintiff in a landmark labor law case.
The Indiana Court of Appeals has reinstated a man’s negligence claim against a school corporation after one of its school buses collided with the man’s vehicle, leaving him injured.