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7343 results for 'articles'

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Teen’s rights not violated by search of sweatshirt

May 13, 2015

A Marion County teen’s constitutional rights were not violated when a police officer responding to a report of a teen in a black hooded sweatshirt with a gun opened a similar sweatshirt next to the teen and found a gun, the Indiana Court of Appeals held Wednesday.

Justices order hearing on whether to temporarily admit out-of-state lawyers

May 13, 2015

A Lake County court erred when it relied on a local rule to determine that five out-of-state attorneys should not be granted pro hac vice admission because the party seeking their admission could potentially hire capable Indiana attorneys to provide the franchise law work, the Indiana Supreme Court ruled Tuesday.

Tax Court: Assessor did not comport with notice requirements for back taxes

May 13, 2015

Although the Grant County assessor was authorized to assess two subject properties under I.C. 6-1.1-9-1, which allows for retroactive assessment, the assessor did not give the taxpayer sufficient notice of certain assessments, the Indiana Tax Court ruled Tuesday.

Man not entitled to separate molestation trials, justices hold

May 13, 2015

The Indiana Supreme Court on Tuesday rejected a man’s argument that he was entitled to three separate trials on the allegations he molested his three granddaughters. In doing so, two justices said they believe the Supreme Court needs to give more guidance on motions to sever.

Justices reverse CHINS finding, noting father coerced to admit adjudication

May 13, 2015

Because a Marion Superior Court judge’s remarks and conduct in their cumulative effect breached the court’s duty of impartiality and amounted to coercion of a 17-year-old girl’s father to admit she was a child in need of services, the Indiana Supreme Court reversed the CHINS adjudication.

Legal network to confer in Indianapolis

May 13, 2015

About 40 attorneys from midsized, general practice law firms around the country and a handful of global lawyers will gather for the Legal Netlink Alliance spring convention beginning Thursday in Indianapolis.

Former Indiana police chief gets 2 years for stealing cash

May 13, 2015

The former police chief of a southeastern Indiana city has been sentenced to two years in prison for stealing $75,000 in cash that officers seized during criminal investigations.

House votes to block EPA regulation of streams, wetlands

May 13, 2015

House Republicans on Tuesday voted to block government rules that would clarify which streams, tributaries and wetlands should be protected from pollution and development under the Clean Water Act.

Indiana senator calls for judicial nominating commission

May 13, 2015

Sen. Dan Coats is calling for the appointment of a commission to assist in finding and nominating candidates for the vacancies on the federal bench.  

Wife of Indiana judge charged with sending him threats

May 13, 2015

The wife of an Indiana Court of Appeals judge is accused of sending her husband threatening messages in a scheme to make it appear that their son-in-law was terrorizing the family.

Opinions May 12, 2015 ILD

May 12, 2015

Indiana Court of Appeals
Melvin H. Sandock, et al. v. Garland Aschenbrenner, et al.  (mem. dec.)
71A05-1405-PL-244
Civil plenary. Affirms summary judgment in favor of defendants Garland and Winifred Aschenbrenner regarding a lease agreement and the denial of the Aschenbrenners’ request for attorney fees.

Sam J. Spicer II v. State of Indiana (mem. dec.)
15A05-1409-CR-410
Criminal. Affirms sentence following guilty plea to Class A felony conspiracy to commit dealing in methamphetamine in an amount of three grams or more.

Angela M. Beck v. State of Indiana (mem. dec.) 
02A05-1410-CR-497
Criminal. Affirms sentence for Class B felony neglect of a dependent resulting in serious bodily injury.

David Miller v. State of Indiana (mem. dec.)
89A01-1412-CR-539
Criminal.  Affirms sentence following guilty plea to Level 6 felony resisting law enforcement.

Tracy Souviner v. State of Indiana (mem. dec.)
29A04-1409-CR-461
Criminal. Affirms order that Souviner return to incarceration following the revocation of her probation.

Larry A. Jones v. State of Indiana (mem. dec.)
82A04-1410-CR-481
Criminal.  Affirms conviction of Class B felony unlawful possession of a handgun by a serious violent felon.

Cleverly Lockhart v. State of Indiana (mem. dec.)
33A04-1412-MI-602
Miscellaneous. Affirms order dismissing petition to be removed from the Indiana Sex Offender Registry.

Christopher M. Brooks v. State of Indiana (mem. dec.)
02A05-1408-CR-404
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

In the Matter of the Marriage of Christina Estes (Sapp) v. Shaun Allen Sapp (mem. dec.)
87A05-1408-DR-384
Domestic relation.  Affirms denial of mother’s request to relocate with child and grant of father’s petition to modify custody.
 

Opinions May 12, 2015

May 12, 2015

7th Circuit Court of Appeals
United States of America v. Michael A. Knoll and Dax G. Shephard; Appeal of: Bob Henson
14-3027
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms summary judgment in favor of the government on Henson’s claim he had a legal right, title or interest in the Indianapolis or Fort Wayne properties forfeited to the government after Outlaw members Knoll and Shephard pleaded guilty to racketeering charges. But Henson did not present evidence showing he had a legal right, title or interest, and his statement indicated his interest did not begin until after the raid occurred in 2012.

Landowners not prejudiced by approval of wind turbine project

May 12, 2015

The Indiana Court of Appeals affirmed that landowners in Wells County who lived next to property that will house wind turbines were not prejudiced by the zoning decision to allow the project to proceed.

Farmers worry over reach of EPA water rules

May 12, 2015

Government rules to clarify which streams, tributaries and wetlands should be protected from development and pollution are fueling political anger in the country's heartland.

COA issues new opinion in bail case involving self-defense claim

May 12, 2015

The Indiana Court of Appeals has issued a new opinion in its decision involving a man charged with murder who sought to be released on bail, but was denied. The judges again held that James Satterfield should be allowed to present evidence of self-defense at a new bail hearing.

Audit: Indiana Bureau of Motor Vehicles used ambiguous fees

May 12, 2015

The Indiana Bureau of Motor Vehicles lacks oversight, uses a complex fee schedule that leads to inconsistent charges for the same transactions and may have overcharged motorists more than previously disclosed, according to an independent audit released Monday.

SEC hits ITT Educational, execs with fraud charges

May 12, 2015

The Securities and Exchange Commission is suing ITT Educational Services Inc. and its top two executives for fraud, the agency announced Tuesday.

Journey’s Account Statute does not save woman’s complaint against DOC

May 12, 2015

A transgendered inmate of the Department of Correction lost before the Court of Appeals in a case seeking personal injury damages from the DOC. The inmate’s instant complaint is time-barred and not saved by the Journey’s Account Statute, the COA held.

Revised sentencing statute not applicable to defendant, COA holds

May 12, 2015

Because a man committed his crime in 1999, well before the effective date of the new Indiana criminal code, the new sentencing statute does not apply to him, the Indiana Court of Appeals held Tuesday.

Woman’s lien takes priority in property sold at tax sale

May 12, 2015

The Indiana Court of Appeals determined Tuesday that a woman who obtained a judgment lien in 2006 against a co-owner of a property later sold in a tax sale has priority over other claims for the tax sale surplus and that she made a timely claim for the surplus.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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