Indiana Tech plans to open law school in 2013
Indiana may soon have a fifth law school. Indiana Tech’s Board of Trustees voted May 13 to move forward with establishing a law school in Fort Wayne.
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Indiana may soon have a fifth law school. Indiana Tech’s Board of Trustees voted May 13 to move forward with establishing a law school in Fort Wayne.
A trial court erred in denying a trust’s request for an easement of necessity relating to a certain parcel of land because the previous property owners didn’t grant themselves an easement before they transferred the land to the trust, ruled the Indiana Court of Appeals.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Melody D. Linenburg v. Mark A. Linenburg
82A01-1011-DR-625
Domestic relation. Affirms provisional order awarding father primary physical custody of the children and possession of the marital residence during the pendency of the dissolution proceeding. The mother failed to establish an abuse of discretion and the court declines to reweigh the evidence.
Raymond Shook v. State of Indiana (NFP)
49A05-1007-PC-461
Post conviction. Affirms denial of motion to remove Shook’s status as a sexually violent predator.
Julio Azpeitia v. State of Indiana (NFP)
09A05-1012-CR-796
Criminal. Affirms convictions of and sentence for Class A misdemeanor driving while suspended and Class B misdemeanor public intoxication.
Michael Yang v. State of Indiana (NFP)
49A04-1006-CR-351
Criminal. Affirms convictions of and sentence for felony murder and Class A misdemeanor invasion of privacy.
Steven Foernzler v. State of Indiana (NFP)
49A02-1007-CR-827
Criminal. Affirms convictions of Class A felony attempted murder and Class D felony residential entry.
Reginald N. Person, Jr., et al. v. Carol A. Shipley (NFP)
20A03-1008-CT-463
Civil tort. Reverses jury verdict in favor of Shipley and remands for further proceedings.
Michael Hale v. State of Indiana (NFP)
43A05-1010-PC-697
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Melody D. Linenburg v. Mark A. Linenburg
82A01-1011-DR-625
Domestic relation. Affirms provisional order awarding father primary physical custody of the children and possession of the marital residence during the pendency of the dissolution proceeding. The mother failed to establish an abuse of discretion and the court declines to reweigh the evidence.
The Indiana State Ethics Commission has found a former general counsel and chief administrative law judge for the Indiana Utility Regulatory Commission violated the law when he participated in decisions involving his future employer, Duke, while still with the IURC.
The Indiana Commission on Judicial Qualifications has filed disciplinary charges against Hamilton Superior Judge William Hughes. The charges are related to the judge’s arrest for driving while impaired and later guilty plea to misdemeanor reckless driving in North Carolina.
Gov. Mitch Daniels has vetoed Senate Enrolled Act 215, which designated what percentage of funds from forfeitures would go to prosecutors, law enforcement, and the Indiana Common School Fund.
In an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed by the Commissioner of Labor under the act.
Indiana Court of Appeals
Erodney Davis v. State of Indiana
45A05-1008-CR-502
Criminal. Affirms conviction of Class C felony possession of cocaine. The trial court did err by permitting a police detective to testify as a skilled witness, but it was a harmless error. The trial court did not err by excluding evidence of a witness’s prior drug-related convictions or by giving an additional instruction to the jury that it had inadvertently omitted from the final jury instructions.
Jameson Malbrough v. State of Indiana (NFP)
49A02-1009-CR-958
Criminal. Affirms convictions of two counts of Class B felony child molesting, and one count each of Class C felony child molesting, Class D felony vicarious sexual gratification, and Class D felony intimidation.
James Spann v. State of Indiana (NFP)
49A05-1009-CR-588
Criminal. Affirms conviction of Class A misdemeanor obstructing traffic.
Rodney Griffin v. State of Indiana (NFP)
49A02-1010-CR-1108
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy.
Term. of Parent-Child Rel. of R.A., et al.; A.L. v. I.D.C.S. (NFP)
45A03-1005-JT-271
Juvenile. Affirms involuntary termination of parental rights.
Lloyd Conn v. State of Indiana
24A01-1009-CR-508
Criminal. Affirms conviction of Class A felony conspiracy to commit murder. The evidence is sufficient to sustain his conviction.
Robert A. Jordan v. State of Indiana (NFP)
79A02-1006-PC-674
Post conviction. Affirms denial of request for additional educational credit time.
Thomas Huffine v. State of Indiana (NFP)
49A02-1010-CR-1098
Criminal. Affirms sentence following revocation of probation.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
State ex rel. Gregory F. Zoeller v. Aisin USA Manufacturing, Inc.
36S01-1009-CV-469
Civil. Holds the attorney general’s attempt to recover a “tax refund” from Aisin in Jackson Superior Court may proceed. It does not arise under the tax laws because the “refund” was the result of accounting and clerical errors with in the Department of Revenue that were wholly unrelated to any interpretation or application of tax law. Justices Rucker and Dickson dissent.
Two Indiana Supreme Court justices dissented from their colleagues in a case involving the right to resist unlawful police entry into a home, with one justice writing that he believes the majority is “essentially telling Indiana citizens that government agents may now enter their homes illegally.”
The Indiana Supreme Court split Thursday on whether the attorney general’s attempt to recover an erroneously issued “tax refund” to a company should proceed in state court or in the Indiana Tax Court.
The three Indiana school districts and parents who filed a lawsuit against the governor and other state officials over school funding are dropping the suit due to recent legislative action.
The Indiana Supreme Court has decided not to accept transfer of a Marion County woman’s invasion of privacy case.
The 7th Circuit Court of Appeals had to decide whether the relevant property in a dispute between a bank and the Internal Revenue Service was the real estate the bank owned or if it was the rentals of that property. Whether the IRS’ tax lien could take priority over the bank’s lien hinged on the answer.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
A.Y. v. Review Board
93A02-1007-EX-853
Civil. Reverses dismissal of A.Y.’s appeal challenging the determination she was ineligible for unemployment benefits. If A.Y. indeed called the administrative law judge’s office during the time allotted for her telephonic hearing, then she has shown good cause for reinstatement of her appeal. Remands to the review board for a finding as to whether A.Y. called the office during the time allotted for her hearing, and if so, then the review board shall reinstate her appeal.
Walter Lee Liddell v. State of Indiana
45A03-1006-CR-339
Criminal. Affirms convictions of rape, criminal confinement, battery, criminal deviate conduct, intimidation, sexual battery, and theft. Finds an insufficient showing of misconduct by the state to mandate exclusion of a witness, Liddell was able to depose the witness and cross-examine him, and Liddell doesn’t identify any specific, responsive measures that he was prevented from taking and that he would have pursued had the court granted a more substantial continuance.
Involuntary Commitment of J.K. (NFP)
18A02-1010-MH-1090
Mental health. Affirms decision to change temporary involuntary commitment for mental health reasons to a regular commitment.
Terrell Bryant Nelson v. State of Indiana (NFP)
45A05-1008-CR-472
Criminal. Affirms conviction of and sentence for Class B felony robbery.
Corey J. Kirts v. State of Indiana (NFP)
79A02-1009-CR-1092
Criminal. Affirms sentence following guilty plea to two counts of Class A misdemeanor invasion of privacy.
Andrew Cory v. State of Indiana (NFP)
49A04-1008-CR-566
Criminal. Affirms denial of petition for post-conviction relief.
Rikki L. Vestal v. State of Indiana (NFP)
84A01-1010-CR-526
Criminal. Affirms revocation of probation and order Vestal serve the entirety of her suspended sentence in the Indiana Department of Correction.
Jeffrey S. White v. State of Indiana (NFP)
41A01-1010-CR-581
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.
Davy Lee Phipps v. State of Indiana (NFP)
48A02-1008-CR-970
Criminal. Affirms revocation of probation.
J.J., et al., Alleged to be CHINS; J.W. & T.J. v. IDCS (NFP)
67A01-1011-JC-610
Juvenile. Affirms finding that children are children in need of services.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Bloomfield State Bank v. United States of America
10-3939
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney.
Civil. Reverses summary judgment for the government in the bank’s suit that rent collected on a property in which the bank provided the mortgage should to the bank, not to the IRS to go toward a tax lien. The real estate that generated the rental income at issue in this case existed when the mortgage was issued and thus before the tax lien attached; the rental income was proceeds of that property, which preexisted the tax lien. Remands with directions to enter judgment for the bank.
Judge Tanya Walton-Pratt has denied Planned Parenthood of Indiana's request for a temporary restraining order barring the enforcement of a law signed by Gov. Mitch Daniels on Tuesday.
Gov. Mitch Daniels has signed into law changes to various courts around the state, as well as the legislation that removes age restrictions of certain judges who run for office.
A divided Indiana Supreme Court has ruled that the City of Indianapolis didn’t violate the constitution by refusing to grant some homeowners’ refund requests for sewer project assessments they’d paid in full when other homeowners who’d made partial installment payments had the remaining balance of assessments owed discharged.