Justices to review day care couple’s manslaughter convictions
The Indiana Supreme Court will decide whether a couple convicted of involuntary manslaughter after a child died in their home-based Fishers day care should get new trials.
Court opinions
Articles
Officer’s internal statement not allowed in criminal trial
The Indiana Court of Appeals agreed with a Fort Wayne police officer that a statement he gave as part of an internal affairs investigation into his role in a break-in of a foreclosed home should not be allowed at his criminal trial.
Deed allows owners to make wells deeper, court rules
A family that sold mineral rights to a company but reserved the rights to oil and gas from certain producing wells was not restricted by the deed from making the reserved wells deeper, the Indiana Court of Appeals held Friday.
State performed due diligence charging man in 25-year-old attack
In a matter of first impression, the Indiana Court of Appeals held that state employees met the due diligence requirement of I.C. 35-41-4-2 regarding the statute of limitations in charging a man in 2013 for an attack on a 10-year-old girl in 1988.
Drug statutes not vague, but justices dismiss ‘spice’ charges
Two men who challenged their criminal charges for possessing chemical compound XLR11 had their charges dismissed by the Indiana Supreme Court Wednesday, but not because the statutes relating to the drug are unconstitutional as they had argued.
Federal prisoner not entitled to additional sentence credit
The 7th Circuit Court of Appeals agreed with a lower court that an inmate in a federal Terre Haute prison should not receive credit for a three-year period as he argued in his habeas corpus petition.
Court erred in not considering subsequent property settlement agreements
The Indiana Court of Appeals reversed a ruling in favor of a woman on her claim that her ex-husband owed her more than $2.4 million based on a 1997 property settlement agreement. The judges found the trial court should have considered subsequent property settlement agreements the two entered into without the court’s approval.
Reversal reinstates negligence claim in fall on snowy hotel lot
A trial court erred in granting summary judgment in favor of hotel defendants on a negligence claim arising after a guest slipped, fell and was injured in a parking lot covered by a dusting of snow.
Cocaine dealing conviction affirmed over jury instruction challenge
A man convicted of dealing cocaine failed to persuade the Indiana Court of Appeals to reverse due to what he claimed was an erroneous jury instruction.
Remonstrators’ victories are short-lived
In a string of reversals from the Indiana Court of Appeals, the judiciary seems to be saying that if a municipality indicates it will need the additional territory at some point in the future, then that is enough to allow an annexation to move forward.
Insurance policy v. public policy
A starkly divided Indiana Court of Appeals opinion over whether insurance should be in play after a bicyclist was killed by an unauthorized motorist may be appealed to the Indiana Supreme Court.
Justices: Survivors cannot recover attorney fees
The ambiguous phrase, “including but not limited to” in the state’s wrongful death statutes has again caught the attention of the Indiana Supreme Court, but this time the justices cautioned against broad interpretation.
Rogue nurse prompts call to revisit privacy rulings
Noting technology is advancing faster that privacy law, an Indiana Court of Appeals judge is urging the Indiana Supreme Court to revisit precedent regarding invasion of privacy claims.
Lawsuit continues on railroad crossing accident case
A woman involved in a fatal car versus train accident in Boone County will be allowed to go to trial on just one of her claims: whether the railroad company failed to provide an unobstructed view at the crossing because of lack of vegetation control.
Marion County property assessment reductions upheld
The Indiana Tax Court affirmed the decision by the Indiana Board of Tax Review to reduce the total assessed value of six parcels in an Indianapolis shopping center by several million dollars.
Court ordered to reconsider expungement petition
An illegible handwritten note next to a docket entry in a 1976 conviction is not enough to support the trial court’s decision to deny a man’s expungement petition because he had not paid $37 in court costs. The Indiana Court of Appeals ordered the trial court to reconsider the man’s petition.
Sentence upheld, but restitution order needs a second look
The man ordered to pay $10,000 in restitution to his ex-wife following misdemeanor convictions of invasion of privacy and criminal mischief will get a new hearing on the matter after the Court of Appeals sent the case back to the trial court.
Estate loses on appeal but will get refund
The Indiana Tax Court reversed a probate court’s entry of summary judgment in favor of an estate on a claim seeking a refund of nearly $645,000 paid in inheritance tax, but the judge did find the estate is entitled to approximately $58,000 as a refund.
COA: Case belongs in Tax Court
A company owner seeking relief from a tax judgment should not have filed in county court, but with the Indiana Tax Court, the Court of Appeals concluded Wednesday. It ordered the case dismissed on jurisdictional grounds.
Absent agreement, man can’t be ordered to pay restitution if not convicted
A man who pleaded guilty to one count of theft for stealing grain, but admitted to stealing from the victim on other occasions, had his restitution amount reduced from nearly $150,000 to just around $28,000.