Articles

Gov. Holcomb files appeal in Bloomington annexation dispute

Gov. Eric Holcomb is turning to the Indiana Court of Appeals after the Monroe Circuit Court denied the governor’s motion to dismiss a lawsuit filed by the city of Bloomington over an annexation dispute. Special Judge Frank Nardi issued a stay Dec. 4 on further court proceedings pending an interlocutory review.

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COA: Charter school suit requires tort claim notice

An Indiana trial court properly granted summary judgment in favor of a charter school organizer under the Indiana Tort Claims Act because an organizer and charter school jointly make up the statutory definition of a “charter school,” the Indiana Court of Appeals ruled Monday. The appellate panel also upheld the constitutionality of classifying a charter school as a “governmental entity.”

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COA: Divorcing husband has no claim on wife’s trust

An Indiana trial court correctly determined that a woman’s interests in discretionary family trusts are too remote and speculative to be included in the marital pot as part of her dissolution proceedings, the Indiana Court of Appeals ruled Thursday.

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COA: Trial court must impose probation fees for felonies

The Marion Superior Court must hold an indigency hearing and correct its failure to impose probation fees on a man convicted of a felony after the Indiana Court of Appeals determined Thursday that state statute requires the imposition of probation fees for felony convictions.

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Sellersburg clerk-treasurer loses appeal for second deputy

The Sellersburg clerk-treasurer who sought a mandate requiring the town board to give her funds for a second deputy clerk has lost her appeal of the denial of her request. The Indiana Court of Appeals determined state statute gives the legislative body oversight over the number of deputy clerks.

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COA: Paroled man convicted in Florida not entitled to habeas relief

An Indiana man released on parole and later arrested in Florida was not entitled to a writ of habeas corpus or credit time in Indiana because Indiana authorities never discharged his parole and “turned him over” to their Florida counterparts, the Indiana Court of Appeals ruled Tuesday.

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State employees now blow whistle at own risk

A ruling by the Indiana Supreme Court that held the state cannot be sued under the whistleblower act has left some attorneys concerned for taxpayers and inspired at least one elected official to seek to change the law. But the ruling has not discouraged the state employee who started the fight.

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COA upholds dismissal of petition to open estate

An Indiana trial court properly applied district court precedent to determine that a claim for violation of a deceased man’s constitutional rights cannot be considered an asset in the deceased’s estates, the Indiana Court of Appeals ruled Tuesday.

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COA: Landlord must close on sale of rental property

A Hendricks County landlord must close on the sale of her property to a tenant after the Indiana Court of Appeals ruled Tuesday there was no breach of a lease agreement preventing the enforcement of an Option to Purchase Real Estate Agreement.

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COA: hearsay testimony causes harmless error

Although a trial court was wrong in permitting two police officers to recount to a jury what the defendant’s ex-girlfriend told them, the Indiana Court of Appeals ruled the admission was a harmless error.

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Appeals court orders fee reimbursement for indigent defendant

A Marion County man found to be indigent is entitled to a reimbursement for the $740 in fees imposed on him by the probation department after the Indiana Court of Appeals found the Marion Superior Court abused its discretion by letting the probation department impose fees when it had not authorized such fees.

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