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A negligence case involving a Terre Haute HVAC business and a man injured while helping move a furnace will move forward now that the Indiana Court of Appeals has reversed summary judgment in favor of the company.
A police officer had no reasonable suspicion to believe that a container found in a man’s pocket during an arrest held any illegal substances, the Indiana Court of Appeals ruled Tuesday. As such, it reversed his Class D felony possession of schedule III controlled substance conviction, ruling it violated the Indiana Constitution.
The Indiana Senate has moved a bill to the House of Representatives that will allow religious institutions that receive state and local government contracts to make hiring decisions based upon religion.
Indiana Court of Appeals
Constantine D. Mills, Jr. v. State of Indiana (mem. dec.)
90A05-1406-CR-291
Criminal. Dismisses appeal of sentence because Mills has waived his right to appeal.
Indiana Tax Court
Brandenburg Industrial Service Co., an Illinois Corp. v. Ind. Dept. of State Revenue
49T10-1206-TA-37
Tax. Denies Brandenburg’s request that the Department of State Revenue must disclose its potential non-expert witnesses, but orders the department to produce the two pages of handwritten notes that Brandenburg seeks. Finds the department has adequately answered the interrogatory and will not compel it to identify any additional potential non-expert witnesses, but the handwritten notes are relevant.
The Indiana Supreme Court has vacated the dismissal of a Marion County post-conviction case and remanded it to the Court of Appeals. That was one of two cases justices took action on last week.
Two pages of handwritten notes prepared by an Indiana Department of State Revenue employee must be turned over to an Illinois company challenging the denial of four refund claims, the Indiana Tax Court held Friday.
Indiana law does not prohibit “high-fence” hunting of deer in Indiana, nor does it allow for the Department of Natural Resources to create regulations relating to the practice, the Indiana Court of Appeals ruled Monday.
Indiana courts are asking lawmakers to allocate an additional $5 million a year so they can implement an electronic filing system that allows litigants to submit paperwork online and gives the public free access to court records.
A winter storm that brought as much as 19 inches of snow to northern Indiana has delayed a South Bend child neglect trial.
Indiana Court of Appeals
Thomas W. Burton v. State of Indiana (mem. dec.)
41A01-1312-CR-539
Criminal. Affirms convictions of Class B felonies dealing in a schedule II controlled substance and aiding in dealing in methamphetamine, and two counts of dealing in a schedule IV controlled substance as Class C felonies.
Gary Allen Gibson v. State of Indiana (mem. dec.)
39A05-1404-CR-156
Criminal. Affirms convictions and 16-year executed sentence for Class B felony aggravated battery and Class D felony criminal confinement.
Joseph Pohl v. State of Indiana (mem. dec.)
38A02-1404-CR-223
Criminal. Affirms aggregate 30-year sentence for convictions of two counts of Class B felony burglary and two counts of Class D felony theft.
Jon Colin Blauvelt v. State of Indiana (mem. dec.)
53A04-1407-PC-308
Post conviction. Affirms denial of petition for post-conviction relief.
Matthew R. Eden v. State of Indiana (mem. dec.)
41A05-1405-CR-211
Criminal. Affirms revocation of probation and imposition of Eden’s previously suspended sentence after he violated his probation for his conviction of Class C felony possession of a controlled substance.
Tony Frary v. State of Indiana (mem. dec.)
71A03-1406-CR-213
Criminal. Affirms conviction of Class D felony domestic battery.
In the Matter of the Termination of the Parent-Child Relationship of: M.B. (Minor Child) and S.B. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A04-1407-JT-326
Juvenile. Affirms termination of father’s parental rights.
7th Circuit Court of Appeals
United States of America v. Anthony Bailey
13-3229
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Criminal. Finds Bailey’s motion asking for a reduced sentence is best understood as a petition for relief under 28 U.S.C. Section 2255 for a sentence that was imposed contrary to the law. Based on Dorsey v. United States, Bailey should have been subject to a mandatory minimum sentence of only 10 years, instead of 20, after he pleaded guilty in 2011 to distributing crack cocaine. Remands for a new sentencing hearing.
The judges on an Indiana Court of Appeals panel had different reasons for affirming the denial of an incarcerated man’s petition to modify his probation so that he could have contact with his daughter.
The 7th Circuit Court of Appeals reversed the denial of a prisoner’s motion for a reduced sentence for distributing crack cocaine, finding that he is allowed to bring his petition for relief under 28 U.S.C. Section 2255.
Indiana Tech Law School has started a part-time day program to allow students to obtain their J.D. in as many as seven years.
A federal judge has sentenced a former Evansville Redevelopment Commission member to four years in prison for money laundering.
A man charged Thursday with murder and arson in a deadly Indianapolis house explosion was offered $5,000 to burn down the home two weeks before it was leveled by a natural gas blast, court documents allege.
On The Move highlights employment news, awards and honors attorneys receive, and board appointments or elected positions. Digital images should be 200 dpi and saved as eps, tiff or jpg. Color images are preferred. Information must be submitted at least 10 days before the Wednesday issue in which it is to appear. Submit your announcement […]
Attorney general nominee Loretta Lynch picked up her first Republican endorsement Thursday en route to likely confirmation as the first black woman in the nation's top law enforcement job.
County clerks being overrun by expungement petitions are asking the Legislature to impose a filing fee to help offset the costs of processing the forms and restricting the records.