Indiana Court of Appeals
Dwight Hayes v. State of Indiana
49A04-1312-CR-619
Criminal. Affirms conviction for Class A misdemeanor pointing a firearm. Finds the trial court properly rejected Hayes’ proposed jury instructions based on Indiana’s stand-your-ground law because there was no evidence that his property was being attacked when he pointed two handguns at a woman trying to serve him with legal documents.
A passenger in a car that a police officer stopped after seeing an arm and object hanging out of the car window, followed by the sound of shattering glass, was improperly convicted of public intoxication, the Indiana Court of Appeals ruled Monday.
A man serving a 60-year murder sentence at the Pendleton Correctional Facility must seek relief in the court where he was sentenced, the Indiana Court of Appeals ruled Monday.
A man’s attempt to bolster his defense by using Indiana’s stand-your-ground law was rejected because the evidence did not support his claim.
Barely a month into her tenure as dean of Valparaiso University Law School, Andrea Lyon is already talking about her nontraditional plan to improve the institution’s national ranking.
NCAA President Mark Emmert said Sunday that the NCAA will appeal a ruling that opens the door for college athletes to receive some of the money they help generate in major sports.
The state Supreme Court will decide a dispute between the state of Indiana and IBM over the company's failed attempt to privatize public welfare services.
The estate of a northern Indiana man who died in an auto accident was unable to convince the 7th Circuit Court of Appeals his death was caused by the negligence of the other driver.
Indiana Court of Appeals
Jason Keith Scott v. State of Indiana (NFP)
41A01-1311-CR-499
Criminal. Affirms sentence and conviction of Class D felony operating a vehicle while intoxicated.
Samuel Curts v. State of Indiana (NFP)
48A04-1312-CR-615
Criminal. Affirms revocation of probation.
Kimberly Kraemer v. Haulers Insurance Co., Inc., as subrogee of Linda Shanabarger (NFP)
27A05-1311-CT-544
Civil tort. Affirms denial of motion to correct error and request to set aside summary judgment in favor of Haulers Insurance.
R.C. v. State of Indiana (NFP)
49A05-1401-JV-24
Juvenile. Affirms delinquent adjudication for committing what would constitute Class A misdemeanor resisting law enforcement if committed by an adult.
In re; the Paternity of BKS, CSS v. RSK (NFP)
45A03-1311-JP-463
Juvenile. Affirms trial court order awarding father R.S.K. custody of daughter B.K.S.
Patrick Palmer Jr. v. Chastity Carse (NFP)
37A04-1312-DR-637
Domestic relation. Affirms denial of Palmer’s petition to modify custody.
Indiana Court of Appeals
Geico Insurance Company, as subrogee of Ralph Heitkamp v. Dianna Graham
49A02-1310-CT-898
Civil tort. Affirms order setting aside summary judgment in favor of Geico on grounds that its claim in Marion Superior Court is barred by the doctrine of res judicata because it is derivative of a judgment in St. Joseph County in favor of Graham.
An insurance company may not recover in Marion Superior Court claims paid for an auto accident after a St. Joseph court ruled a driver was not at fault in the crash.
Though the Indiana Court of Appeals agreed the warrantless installation of GPS devices was improper, it affirmed a trial court’s denial of a motion to suppress evidence subsequently collected at the home of a suspected drug dealer.
The Indiana Department of Child Services misled parents adopting foster children by falsely claiming the agency lacked resources to provide subsidies while it returned hundreds of millions of dollars to the state, according to the Indianapolis law firm pursuing a class-action suit against DCS.
Three federal judges weighing arguments in a landmark gay marriage hearing this week peppered attorneys on both sides with tough questions, with one judge expressing deep skepticism about whether courts are the ideal setting for major social change and another saying the democratic process can be too slow.
Even with legislatures in summer recess, there's no lull in the battle over state anti-abortion laws as several federal courts decide whether to uphold or strike down some of the most sweeping measures.
The Indiana University Maurer School of Law announced gifts of $3.25 million to establish an endowed clinical professorship and provide scholarship funds for Indiana high school graduates attending the law school.
Indiana Court of Appeals
Rio Michaels v. State of Indiana (NFP)
79A04-1311-CR-559
Criminal. Affirms convictions of Class C felony carrying a handgun without a license with a prior felony and Class D felony criminal recklessness.
D'Arcy Lambert-Knight v. John S. Shelhart and Jennifer Villars (NFP)
64A03-1310-CT-408
Civil tort. Affirms court’s conversion of Villars’ motion to dismiss to a motion for summary judgment.
Jeanne Rippe v. Daniel Rippe (NFP)
17A05-1312-DR-611
Domestic relation. Finds Jeanne Rippe’s challenges to orders from 2011 and 2013 are forfeited or waived. Remands to the trial court with instructions to determine appellate attorney fees for Daniel Rippe because his ex-wife’s appeal is frivolous.
Indiana Tax Court
Howard County Assessor v. Kokomo Mall, LLC
49T10-1109-TA-56
Tax. Affirms the final determination of the Indiana Board of Tax Review that reduced Kokomo Mall LLC’s commercial property assessments for the 2007, 2008 and 2009 tax years. Court declines to reweigh the evidence presented to the board and rejects the assessor’s claim that the mere presentation of a USPAP appraisal establishes a prima facie case.
The Indiana Tax Court Wednesday affirmed the decision by the state Board of Tax Review to reduce Kokomo Mall LLC’s commercial property assessments for the 2007-2009 tax years.
The Indiana Court of Appeals granted rehearing to a case involving a dispute over coverage for environmental contamination and found that the "known claim” exclusion applies, not the known loss doctrine.