Tax Court denies excess levy sought by IndyGo
Indianapolis’ public transit system lost a bid in the Indiana Tax Court to recover a budget shortfall that the Department of Local Government Finance ruled did not exist.
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Store owner’s ‘Spice law’ prosecution may proceed, COA rules
The state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative authority to the Board of Pharmacy.
Justices take Star appeal regarding naming of online commenter
The Indiana Supreme Court will decide whether the Indianapolis Star must reveal the identity of an online commenter in a long-running defamation case filed by a former executive of a nonprofit organization.
More than half of Conour’s inventoried assets gone, feds say
About half the property that federal agents inventoried after former personal injury attorney William Conour was charged with wire fraud is missing from his home, and just 13 of 78 items at his former law office are still there, according to new government filings in his federal criminal case.
Indy 7th Circuit Conference to host Roberts, Kagan, Lugar
United States Chief Justice John G. Roberts, U.S. Supreme Court Justice Elena Kagan and former Sen. Richard G. Lugar are featured speakers at the 62nd Annual Meeting of the 7th Circuit Bar Association and Judicial Conference opening Sunday in Indianapolis.
Justices will visit Lake County for arguments in drug case
The Indiana Supreme Court travels to Merrillville High School May 9 for oral arguments dealing with the admittance of drug evidence after a vehicle search.
Drug court road trip to make northern Indiana stops
A national tour highlighting the successes of drug courts and other problem-solving courts will make stops at two northern Indiana drug courts this month.
COA: Successive Prosecution Statute not applicable to theft case
A Howard Superior judge properly refused to dismiss theft charges against a man because, despite the defendant’s arguments to the contrary, the Howard County charges were not previously prosecuted in Miami County.
Clothing labels and security tags not considered hearsay evidence
The Indiana Court of Appeals ruled Thursday that clothing from the store H & M that bore the company name and security tags attached to the clothing could be admitted at a woman’s trial for theft from the store on Black Friday.
Court seeks comment on reappointment of Magistrate Cosbey
The U.S. District Court in the Northern District of Indiana is now accepting comment on whether Magistrate Judge Roger Cosbey should be reappointed when his term expires Jan 2, 2014.
Justices order new molestation trial after nurse’s statements admitted improperly
Ruling that statements two 6-year-olds made regarding alleged molestation to a nurse should not have been admitted under the hearsay exception in Ind. Rule of Evidence 803(4), the Indiana Supreme Court reversed two child molesting convictions and ordered a new trial.
Trial set in Carmel’s complaint on Palladium construction
Mediation is scheduled for May 21 in a 2-year-old lawsuit the city of Carmel brought over defects discovered during construction of its signature Palladium concert hall.
More franchisees join revolt over Steak n Shake menu pricing
More Steak n Shake franchisees are revolting over the company’s policy that prohibits restaurants in the chain from setting their own menu prices.
Officer pleads not guilty to new drunken-driving charges
David Bisard, the suspended Indianapolis Metropolitan Police Department officer who was charged Monday with misdemeanor drunken-driving charges while on bail awaiting trial for his role in a fatal accident, pleaded not guilty in Marion County to the new charges.
Summary judgments on federal preemption are reversible error
The Indiana Court of Appeals has found an exterminator and the insecticide maker should not have been granted summary judgments on the issue of federal preemption.
State must seek EPA approval before reclassifying ethanol plants
Even though the Environmental Protection Agency changed a rule to exclude ethanol plants from the category of chemical process plants which would affect emissions permitting, Indiana had to seek approval from the federal agency before it could reclassify the ethanol production facilities.
Tax court rules that evidence, not conclusory statements, needed to make prima facie case
A doubled property value will stand because the property owner did not offer any market-based evidence when challenging the new assessed value, the Indiana Tax Court has ruled.
Evidence does not support CHINS finding
The Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after finding the parents have improved their living situation that led to their three other children being removed.
Judges affirm dismissal of city’s counterclaim without prejudice
The Indiana Court of Appeals held Tuesday that a dismissal based on the failure to provide an appraisal with an offer to purchase property for road work improvements was not an adjudication on the merits, allowing a city’s counterclaim for appropriation of the property to be dismissed without prejudice.
Right to Farm Act bars CAFO nuisance claim, appeals court rules
A Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.