Tax Court remands for revaluation of shopping center
Capitalization rates determined by the Indiana Board of Tax Review for an Anderson shopping center were found to be improper by the Indiana Tax Court and were thus reversed Wednesday.
Court opinions
Articles
Reversal: Floyd County loses title to criminal justice center over lease dispute
A split Indiana Court of Appeals has reversed the award to Floyd County of the title to its criminal justice center after concluding that the building authority that financed the center never had the authority to agree to certain provisions in its lease with the county.
Jury instruction error harmless in personal injury case, COA rules
The Indiana Court of Appeals affirmed a jury’s judgment for a woman whose vehicle rear-ended another, despite the appellate panel’s acknowledgement that the trial court failed to properly instruct the jury.
COA affirms termination of parent-child relationship
A drug-addicted mother couldn’t convince the Indiana Court of Appeals to reconsider the termination of her parent-child relationship with her young daughter after the panel concluded there was sufficient evidence to prove the removal was in the child’s best interests, even if some of it was admitted in error.
ACLU asks U.S. Supreme Court to allow Ohio remap process
Attorneys who gained a federal ruling to throw out Ohio’s congressional map are asking the U.S. Supreme Court to let procedures move forward to redraw House districts.
Divided appeals court reduces child molester’s sentence
A divided Indiana Court of Appeals panel cut a child molester’s sentence in half after it concluded that the length of his sentence was inappropriate due to his dementia and incompetence, among other things.
High court sides with Crow tribe member in hunting dispute
The United States Supreme Court is siding with a member of the Crow tribe who was fined for hunting elk in Wyoming’s Bighorn National Forest.
Woman’s murder conviction vacated for ineffective counsel
A woman with a history of mental illness who was convicted in 2002 of murdering her boyfriend after testifying the she heard a voice telling her she was the Messiah has won her federal habeas case asserting ineffective assistance of counsel. She will be freed unless the state opts within 120 days to retry her.
Justices affirm $176K award of fees to Lake Superior Court judges
Indiana Supreme Court justices affirmed a special judge’s ruling that 14 Lake Superior Court judges are entitled to recover nearly $176,500 to pay court staff, ending a two-year dispute.
Federal court ruling continues religious broadcaster’s family feud
Two “warring cousins” who each claim to be the rightful heir to the South Bend-based LeSEA Christian broadcasting network will continue to slug it out after a federal judge largely denied one cousin’s motion to dismiss.
Man’s impersonation of public servant conviction upheld
A man who used a false name while wearing a sheriff’s jacket couldn’t convince the Indiana Court of Appeals that there wasn’t enough evidence to support his conviction for impersonating a public servant.
COA rejects covered bridge arsonist’s insanity defense
A man who set two Indiana covered bridges ablaze and almost burned down a third lost his insanity defense appeal after the Indiana Court of Appeals concluded he was legally sane at the time of the crimes.
7th Circuit lets Fort Wayne police shooting case proceed
The 7th Circuit Court of Appeals declined to end an excessive force lawsuit against a Fort Wayne police officer, finding a review of the video of the shooting and arrest does not “utterly discredit” the plaintiff’s contentions that he was shot while trying to comply or did not have to respond to the officer’s commands.
Justices reject marijuana ‘pursuit of happiness’ appeal
The state’s high court will not partake in arguments that laws criminalizing marijuana violated a man’s right to the pursuit of happiness, snuffing out his challenge to Indiana’s pot prohibition.
Reversal: Wife’s protective order against husband lacks evidence
There wasn’t enough evidence to prove a woman in the middle of a divorce need a protective order, the Indiana Court of Appeals ruled, finding there was no evidence her husband was stalking her.
Tax Court affirms calculated property tax cap on Kokomo property
The Indiana Tax Court has affirmed the property tax liability assessed against a Howard County urban development company, finding issue with the company’s argument concerning Indiana’s definition of gross assessed value.
Indiana Court Decisions — April 25-May 8, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Tax Court limits boat maker’s witness, expands discovery
The Indiana Tax Court has partially denied the Indiana State Department of Revenue’s motion to exclude a tax service provider’s report in the Department’s litigation against a southern Indiana boat maker.
COA reverses judgment in siblings’ estate dispute
A disagreement between two siblings has been squashed now that an appellate court has sided with a woman who was granted last-minute possession of her mother’s estate just days before her death, canceling a former transfer on death deed shared with her brother.
Fired whistleblower’s case against IDEM reinstated, remanded
A long-running dispute between the Indiana Department of Environmental Management and a terminated employee has been partially revived after a panel of appellate judges agreed the former worker could have been held personally liable for misuse of state funds.