Fight over Knightstown demolition sent back to trial court
A man who owns a building on Knightstown’s Main Street can proceed with his lawsuit after the town lost some rulings in its favor on interlocutory appeal.
Court opinions
Articles
COA tosses conviction after unlawful arrest
Testimony of police officers who stopped a man for walking on the wrong side of the road, then arrested him for intimidation and resisting law enforcement should not have been admitted at trial, the Indiana Court of Appeals has ruled.
Tax Court grants partial reimbursement on discovery enforcement motions
The Indiana Tax Court has awarded reimbursement fees to both the University of Phoenix Inc. and the Indiana Department of State Revenue after finding that the two entities were entitled to reimbursement on some, though not all, of the discovery enforcement motions filed in their litigation.
Justices rule against woman injured by karate kick
A woman who sued a karate classmate when she was injured by his jump-kick cannot prove recklessness, the Indiana Supreme Court ruled Thursday, extending its jurisprudence applied to torts arising from sports injuries.
COA orders man to pay remaining balance on lease of totaled car
A divided panel of the Indiana Court of Appeals has affirmed an order requiring a man to pay the remaining balance on the lease of a woman’s car after he totaled it in a collision for which he was found to be completely at fault.
Supreme Court reverses requirement for juvenile to register as a sex offender
A juvenile sex offender will not be required to add his name to Indiana’s sex offender registry after the Indiana Supreme Court decided Wednesday that the state had not met the requirements for juvenile registration.
Court of Appeals reverses convictions after due process violation
The Indiana Court of Appeals has reversed a man’s convictions of neglect of a dependent and battery after finding that his due process rights were violated when the state withdrew its plea agreement after he had pleaded guilty.
COA: All properties in stormwater district contribute to stormwater system
All property owners within a stormwater district “contribute to” the stormwater system, regardless of whether the property drains into the system, the Indiana Court of Appeals held Wednesday in a case that forces property owners in Richmond to pay a stormwater fee.
Man’s sentence challenge rejected by appellate court
In his third appeal before the Indiana Court of Appeals, a Marion County man’s sentence for rape, criminal deviate conduct and burglary have been affirmed after the appellate court found that a motion to correct sentence was not the appropriate remedy for his claim.
COA: Dirty pictures allowed by Legislature
Revisiting the question of whether sending sexually explicit photographs to a 16- or 17-year-old is permitted under state law, the Indiana Court of Appeals upheld its earlier ruling by finding the Legislature’s inaction to amend the statute implies dirty pictures are suitable for these teens.
COA affirms setback distance for Eastern Indiana wind farm
The Indiana Court of Appeals on Tuesday upheld a Rush County zoning ruling requiring industrial wind turbines to be at least 2,300 feet from some people’s property lines. The judges emphasized that the zoning ordinances outline minimum distances and the zoning board is able to increase those distances when warranted.
COA affirms termination of parental rights
The Indiana Court of Appeals rejected the arguments of a father with a history of domestic violence and other criminal convictions who said evidence was improperly admitted to terminate parental rights to his three daughters.
COA allows Vectren to move forward with coal-powered plants project
An Indiana energy company can proceed with its plans to bring two of its coal-powered plants into compliance with federal emissions standards after the Indiana Court of Appeals rejected an appeal to force the company to build natural gas plants instead.
COA throws out jury’s $550,000 defamation, blacklisting verdict
A jury’s $550,000 defamation and blacklisting verdict in favor of a former school athletic director in northwestern Indiana was overturned Tuesday by the Indiana Court of Appeals.
7th Circuit rejects collateral attack
The 7th Circuit Court of Appeals has rejected a man’s petition for collateral relief based on ineffective assistance of counsel because the man failed to allege facts that proved his public defender did not provide proper counsel.
7th Circuit affirms remand of veteran’s disability case
An Army National Guard veteran’s disability case is heading back to the Social Security Administration after the 7th Circuit Court of Appeals ruled Friday the veteran was not entitled to disability benefits based solely on the disability rating he received from the Department of Veterans Affairs.
7th Circuit halts fraud restitution for ‘reckless’ Bank of America
Three defendants convicted of wire fraud in the purchase of 16 properties in Gary were clearly guilty of the crimes, but the 7th Circuit Court of Appeals Friday threw out a restitution order in favor of Bank of America and urged the district court in Hammond to consider fining the defendants instead.
COA overturns bestiality conviction based on confession
Although a Delaware County man admitted to sexually assaulting his roommate’s dog, the Indiana Court of Appeals overturned the man’s bestiality conviction Thursday because the prosecution failed to establish a corpus delicti.
7th Circuit affirms deferral on sentencing request
An Indiana federal judge appropriately deferred judgment on a convicted child molester’s request for concurrent state and federal sentences because the state court was presented with additional facts that were relevant to sentencing, the 7th Circuit Court of Appeals decided Wednesday.
Justices hold mayor lacked authority to fire utilities superintendent
A divided Indiana Supreme Court held Wednesday that a mayor did not have statutory authority to terminate his city’s utilities superintendent, writing in an opinion that “may well offend sound public policy” that only the utilities board can terminate the superintendent with cause, notice and a hearing.