Court affirms man’s sentence for murdering wife
A Lawrence County man was unable to convince the Indiana Court of Appeals that his 65-year sentence for the murder of his wife in 2009 should be reduced to the advisory sentence of 55 years.
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Indianapolis attorney appointed to bankruptcy court
Faegre Baker Daniels LLP partner James M. Carr has been appointed to a 14-year term as U.S. Bankruptcy Judge in the U.S. District Court for the Southern District of Indiana. Carr joins the bench Jan. 1.
Justices vacate transfer in business dispute
After hearing arguments Oct. 24 in a dispute between former shareholders of a company and the new owners over what assets the new owners should receive, the Indiana Supreme Court decided that the Court of Appeals decision should stand.
Common carrier entitled to more tax exemptions
A Wabash-based company that relocates oversized factory machinery won a partial victory in the Indiana Tax Court Tuesday. Judge Martha Wentworth ordered the Indiana State Department of Revenue to reassess the company’s tax obligations after finding some property should be considered exempt.
Justices order retrial due to deficient jury instruction
The Indiana Supreme Court found that a final jury instruction in a woman’s trial for receiving stolen property did not correctly state the law, and it remanded for a new trial.
Court splits over whether approval of entire contract must be voided
Chief Judge Margret Robb dissented from her colleagues on the Court of Appeals Tuesday as to whether approval of a contract for the purchase and sale of substitute natural gas must be voided in its entirety because the contract definition of “retail end use customer” differs from the statutory definition.
Judges focus on juvenile due process in Gingerich murder conspiracy appeal
Court of Appeals judges on Tuesday focused their questions on whether a 12-year-old waived to adult court in a 2010 murder had due process when his attorneys had just five days to prepare for a waiver hearing in juvenile court in Kosciusko County.
Agency erred in adjusting experience account rates after merger
The Indiana Court of Appeals has ordered the Department of Workforce Development to reinstate the original contribution rates for unemployment insurance experience accounts of a parent company and its subsidiaries. The DWD should not have combined the accounts and adjusted the rates following a merger.
COA affirms $550,000 med mal verdict; denies appellate attorney fees
A Lake Superior judge did not err when he allowed a witness to testify on behalf of the party bringing a medical malpractice complaint against a doctor nor in excluding the testimony of the doctor’s expert witness due to untimely disclosure, the Indiana Court of Appeals held Tuesday.
Judges affirm decision in familial dispute over insurance funds
When Nathaniel Kappel died, it led to a dispute in the family as to who is entitled to insurance payouts on policies that Nathaniel Kappel and his brother William took out on each other in 1996. The Court of Appeals agreed with the probate court that Nathaniel Kappel’s estate is not entitled to funds from either man’s policy.
Court filings lowest in 7 years, 2011 stats show
The number of cases filed in Indiana courts in 2011 is the lowest since 2004, according to exhaustive data in the annual Judicial Service Report released Monday.
Judge approves $90M for Anthem plaintiffs
A federal judge has approved the largest class-action settlement to come out of an Indianapolis court, paying $90 million to former Anthem Inc. policyholders.
Judges amend man’s convictions due to double jeopardy violations
Because the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges, the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by the prosecutor during trial.
Justices take suit involving tort claim notice
The Indiana Supreme Court will hear a case that divided the Court of Appeals on whether the victims in a car accident failed to provide notice to a government-funded agency under the Indiana Tort Claims Act.
Woman’s claim for reformation of deed fails
A Vanderburgh County woman who filed a lawsuit for reformation of a deed 46 years after receiving the warranty deed lost her appeal of a trial court ruling in favor of neighboring property owners.
Location announced for state trooper’s third murder trial
The third murder trial of former Indiana State Trooper David Camm will be held in Boone County.
Northern District taking comments on proposed rule changes
Revised rules for the U.S. District Court for the Northern District of Indiana, including a new section on local patent rules, are available for review and comment on the court’s website.
Opponent’s claims against judge regarding killer result in disciplinary charges
The woman challenging Franklin Circuit Judge Steven Cox for his job faces seven disciplinary charges over statements attributed to her about the judge’s release of a prisoner who a year later killed five people, according to a statement Friday from the Indiana Judicial Qualifications Commission. The commission has asked for a public hearing on the charges.
Bloomington attorney enters into plea agreement
A jury trial set for this week for a Monroe County attorney accused of stealing money from clients has been cancelled because a plea agreement has been reached.
Law firm can’t collect attorney fees from insurer
Relying on caselaw from 1892, the Indiana Court of Appeals decided that Ken Nunn Law Office may not collect attorney fees it says are owed by a former client from a third-party insurance company following a settlement.