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Man loses 2 appeals before Tax Court
A Carroll County man who owns agricultural property containing hog buildings couldn’t convince the Indiana Tax Court that the Indiana Board of Tax Review erred when it rejected four self-prepared analyses he offered as to what value his property should be assessed.
Appeals panel affirms denial of post-conviction relief
A man seeking relief from his 2006 conviction of Class A felony dealing cocaine failed to persuade a panel of the Court of Appeals Tuesday that his 48-year sentence should be reduced.
Amendment gives juveniles right to counsel
A child charged with a delinquent act will be entitled to be represented by an attorney, according to an order handed down this month by the Indiana Supreme Court. The order creates Rule 25 in the Indiana Rules of Criminal Procedure.
Fatal accident leads COA to examine boating statute
A boat operator’s appeal of his convictions stemming from a fatal accident on Lake Monroe in 2010 split the Indiana Court of Appeals as to whether I.C. 14-15-4-1 is unconstitutional as applied.
Torn Achilles tendon is not city’s fault, COA rules
A state statute providing immunity to municipalities for 20-year-old public work projects absolved a southern Indiana city from liability for an injury a man incurred when he stepped off a curb and into a sewer drain.
Panel dismisses contempt appeal as moot
A man held in contempt of court after a judge determined he threatened witnesses in his brother’s murder case had his appeal dismissed Tuesday.
New Castle denied appellate legal fees in frivolous suit
A New Castle couple doesn’t have to pay the city’s appellate legal fees in its appeal of a frivolous litigation ruling, but they still must pay New Castle’s legal bills for the trial court filing.
IU pot-suspension appeal ‘near frivolous,’ 7th Circuit rules
An Indiana University student’s appeal of his suspension after a large marijuana plant and other evidence of illegal drug use were discovered in his dorm room “is near frivolous,” a panel of the 7th Circuit Court of Appeals ruled.
Judge blocks ‘contraception mandate’ for Catholic diocese plaintiffs
A federal judge in Fort Wayne has blocked enforcement of the “contraception mandate” for numerous health care providers in a lawsuit brought by the Roman Catholic Diocese of Fort Wayne-South Bend. The ruling could impact more than 10,000 people eligible for benefits through a number of diocese-related organizations.
Ex-coroner settles malpractice suit against Brizzi
One of two legal malpractice suits filed against former Marion County Prosecutor Carl Brizzi has been settled.
Opinions Dec. 30, 2013 ILD
Indiana Court of Appeals
Rico Nathaniel Morst v. State of Indiana (NFP)
84A01-1305-CR-226
Criminal. Affirms revocation of Morst’s probation.
Jeremiah Joseph Skirvin v. State of Indiana (NFP)
55A01-1305-CR-232
Criminal. Affirms aggregate sentence of 55 years for two counts of sexual misconduct with a minor, as Class B felonies; one count of sexual misconduct with a minor, as a Class C felony; and being adjudicated as a habitual offender.
State of Indiana v. Tammy Sue Harper (NFP)
79A02-1303-CR-272
Criminal. Reverses order from the Tippecanoe Circuit Court modifying the sentence of Harper. Although the prosecuting attorney did not tell the trial court whether it approved of or objected to the sentence modification, the COA held that according to the “clear language” of Indiana Code 35-38-1-17, the prosecutor must approve of a sentence modification if the convicted person has served more than 365 days of his or her sentence.
George Williams v. State of Indiana (NFP)
49A02-1304-CR-326
Criminal. Affirms conviction of attempted murder as a Class A felony.
In the Matter of the Termination of the Parent-Child Relationship of D.M. (Minor Child) and D.D. (Father) v. The Indiana Department of Child Services (NFP)
49A05-1305-JT-258
Juvenile. Affirms termination of father D.D.’s parental rights.
Indiana Supreme Court and Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.
Opinions Dec. 30, 2013
Indiana Court of Appeals
Rico Nathaniel Morst v. State of Indiana (NFP)
84A01-1305-CR-226
Criminal. Affirms revocation of Morst’s probation.
Repeal of administrative code abolishes 3-year limit for filing petitions
In a ruling that it conceded could “open the floodgates,” the Indiana Tax Court found neither state statute nor regulations provided any time limits for homeowners to file petitions to correct error on their property tax assessments.
Shepard, Hamilton honored for support of civic education
Retired Indiana Chief Justice Randall T. Shepard and retired U.S. Rep. Lee Hamilton were recognized at the We the People awards dinner with the William Baker Award.
IndyBar: Attorney Volunteers Needed for IndyBar Homeless Shelter Project
Want to make an impact? The IndyBar Homeless Shelter Project is looking for attorney volunteers. Through this project, IndyBar volunteers visit one of five local homeless shelters each month, giving legal advice and occasionally offering limited representation.
Abrams: We Will Provide Value And Be Meaningful
I am embarking on the presidency of the Indianapolis Bar Association. I see my role as the manager of a phenomenal team willing to sacrifice their time to serve others and provide unique benefits to the public.
IndyBar Seeking Volunteers for Low Asset Wills Program
Since 2007, IndyBar attorney volunteers have helped hundreds of individuals prepare for times when they can no longer speak for themselves through the Low Asset Wills Program. The commitment for this program is minimal, but your impact is great.