$1.8M restitution order vacated in car dealership fraud
The 7th Circuit Court of Appeals has reversed and remanded for the recalculation of restitution to be paid by a man involved in fraudulent activities at an Indianapolis car dealership.
Katie Stancombe
Articles
COA: Staffing firm must pay attorney fees in breach of contract dispute
A recruiting and staffing firm did not convince the Indiana Court of Appeals on Friday that it should not have to pay attorneys fees requested by a former contractor in a breach of contract dispute.
CASAs share experiences, hopes for Hoosier kids at 30th anniversary celebration
Compassion. Persistence. Patience. These are shared qualities that Indiana’s court appointed special advocates have when working with thousands of Hoosier kids in the child welfare system each year. Indiana Lawyer spoke with a few of those advocates about their personal experiences as CASAs following a 30th anniversary celebration of the Indiana Office of GAL/CASA on March 4.
COA affirms charges brought under new cause number
The Indiana Court of Appeals has affirmed the denial of a man’s motion to dismiss charges brought against him in a new cause after the state sought to refile the case to tidy up the record, finding no abuse of discretion in the decision.
Denial of motion to suppress affirmed in traffic stop case
The Indiana Court of Appeals has affirmed the denial of a man’s motion to suppress evidence of narcotics discovered in his vehicle during a traffic stop after a tip that he had been using drugs in his Purdue University dorm room.
Reversal: Transgender name change permitted; trial court admonished for disrespect
A transgender man denied a motion to privately change his name and gender on his birth certificate won a reversal from the Indiana Court of Appeals, which admonished a trial court for denying the man’s petition and treating him disrespectfully.
Reversal: Orange County man’s child molesting conviction improperly elevated
The Indiana Court of Appeals has ordered a man convicted of child molesting resentenced. The panel found his felony conviction was improperly elevated and cautioned the trial court regarding consideration of his uncharged allegations on remand.
Tax Court affirms Evansville rehab center falls under 3% tax cap
An Evansville temporary inpatient rehab center is not considered to be either a long-term care property or a residential property, the Indiana Tax Court affirmed Tuesday. As such, the property owner’s tax liability was required to be computed using the 3% property tax cap.
Justices order body exhumed for original gravesite buyer’s use
A divided Indiana Supreme Court is ordering a cemetery to exhume a man from his burial place after the gravesite was accidentally sold to two buyers. The 3-2 majority of justices reversed in the original owner’s favor on Wednesday, ordering for the grave to be restored for her future use.
Conviction upheld for ex-Gary city employee who ordered, sold iPads
A former employee of the City of Gary who purchased more than $1.3 million in computer equipment and resold it for cash lost an appeal of her conviction and sentence before the 7th Circuit Court of Appeals on Tuesday.
Strong showing of intellectual disability prompts stay of federal execution
A federal judge in Indiana has granted a Louisiana man’s motion to stay his execution pending resolution of his habeas action, finding the man made a strong showing that he is intellectually disabled and as a result, the Federal Death Penalty Act forbids his execution.
Man’s 6-year sentence affirmed in fatal teen car wreck case
While hanging out one evening at a playground in 2017, five Indianapolis teenagers got into an argument with two women nearby who were searching for a drone owned by Daniel Cannon. When asked if they wanted to fight, the teens got back into their vehicle, drove toward the women as if to hit them, and then moved on to the street.
COA dismisses man’s appeal in adoption dispute
A man seeking to adopt his ex-wife’s child had his case dismissed by the Indiana Court of Appeals on Monday after it found no indication that he sought certification from the trial court or permission from the appellate court to file a discretionary interlocutory appeal, among other things.
7th Circuit: Litigious inmate’s transfer not retaliation
An inmate serving a life sentence who is known for being a “quintessential jailhouse lawyer” did not prevail in an appeal to the 7th Circuit Court of Appeals on Friday after the court found his transfer to another prison prompted by his multiple and continued grievances was not a move of retaliation.
COA: Probation revocation after guilty plea should be challenged with PCR, not direct appeal
The Indiana Court of Appeals has dismissed a man’s appeal of his probation revocation and related drug conviction, finding his claim could not be presented on direct appeal but must be presented in a petition for post-conviction relief because he pleaded guilty.
Mineral-rich property transfers void in siblings’ trust dispute
A dispute between step-siblings over profitable real estate did not result in the brother’s favor Friday, when the Indiana Court of Appeals found a trial court did not clearly err in declaring transfers of the property to him as void ab initio.
Hundreds of volunteers celebrate strides made in child advocacy at CASA Day
Hundreds of CASA volunteers formed a wave of blue at the Indiana Statehouse on Wednesday in celebration of the 30th anniversary of the Indiana State Office of GAL/CASA.
7th Circuit reinstates prisoner case after 3 denied requests for counsel
A prisoner’s case has been reinstated after the 7th Circuit Court of Appeals found the Indiana Northern District Court’s denial of his three requests for appointed counsel prejudiced him.
COA reverses for Madison County commissioners in redistricting ordinance dispute
A redistricting dispute initially resolved in favor of two citizens has been reversed in favor of the local Madison County government after the Indiana Court of Appeals found that an ordinance meant to more evenly distribute the population did not run afoul of the controlling redistricting statute. The ruling comes as Indiana prepares for the 2020 election season.
Custody ruling for mother upheld on appeal
The Indiana Court of Appeals has upheld the grant of sole legal custody to the mother of a child with a rare genetic disorder upon finding the parents’ disagreements about the child’s medical and educational needs was impeding her development.