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.
Courts
Articles
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.
Suspended attorney stripped of quiet title to foreclosed home he repaired
A suspended Gary attorney who was awarded a quiet title to an abandoned, foreclosed property after he entered a house without authorization and began to maintain it was stripped of the title Tuesday by the Indiana Court of Appeals.
Lawyers’ divorce battle divides COA on joint custody ruling
A lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’ daughter.
COA: No error in denying reckless homicide instruction
The evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a lesser offense of murder, the Indiana Court of Appeals ruled.
Law firm not entitled to summary judgment on complaint seeking payment
Finding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s complaint for payment.
Vincennes did not breach contract with men’s basketball coach
The Indiana Court of Appeals concluded Tuesday that summary judgment should have been granted in favor of Vincennes University on a former basketball coach’s lawsuit alleging breach of contract after the university did not renew his contract for the following year.
Pence signs probate, problem-solving court legislation
Gov. Mike Pence signed 25 bills into law Monday, including legislation restricting criminal background checks and changes to probate and trust administration.