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.
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.
The Justice Department must give Congress secret grand jury testimony from special counsel Robert Mueller’s Russia investigation, a federal appeals court ruled Tuesday, giving the House a significant win in a separation-of-powers clash with the Trump administration.
Indiana Court of Appeals
Larry Mickow v. AAA Insurance MemberSelect Insurance Company (mem. dec.)
19A-CT-1546
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor of MemberSelect Insurance Company against Larry Mickow. Finds that because no factual dispute exists as to whether MemberSelect breached its duty of good faith and fair dealing, the trial court properly granted summary judgment on Mickow’s bad faith claim. Also finds it properly granted summary judgment in favor of MemberSelect on his breach of contract claim.
The U.S. Supreme Court on Monday declined to hear an appeal for a former Oklahoma City police officer convicted of sexually assaulting black women he encountered while patrolling the city’s low-income neighborhoods.
7th Circuit Court of Appeals
Robert Holleman v. Dushan Zatecky
19-1326
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Affirms the Southern District Court’s grant of summary judgment to Zatecky in response to Robert Holleman’s First Amendment lawsuit after his transfer from Pendleton Correctional Facility. Despite Holleman’s multitudinous lawsuits, grievances, and an interview he provided to a local newspaper about the conditions at Pendleton, finds his transfer was not retaliation.
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.
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.
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.
The goal of harmonizing provisions between conflicting provisions in a divorce settlement led the Indiana Court of Appeals to find a military veteran should not have been held in contempt for discontinuing monetary support to his former wife.
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.
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.
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.
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.
An ongoing royalties dispute between Indiana spine surgeon Rick Sasso and medical-device giant Medtronic will continue in state court despite Medtronic’s efforts to remove the matter to a federal judge.
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.
7th Circuit Court of Appeals
Ralph Oliver v. United States of America and Ryan Ross v. United States of America
17-2880 and 17-2902
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.
Affirms the denial of Ralph Oliver’s and Ryan Ross’ motions to vacate their firearms convictions under 18 U.S.C. § 924(c). Finds express collateral-attack waivers in the defendants’ plea agreements are valid and bar their challenges to their convictions and sentences.
Two men claiming their firearms convictions should be invalidated after a 2019 Supreme Court ruling failed to find relief at the 7th Circuit Court of Appeals, which ruled that collateral-attack waivers in their plea agreements were valid and thus defeated their challenges to their convictions and sentences.
A panel of the Indiana Court of Appeals again denied relief to a man left permanently disabled in a drunken-driving crash, but the panel in a brief opinion on rehearing issued Wednesday corrected a prior statement of fact in the case.
A Lake County man who stabbed repeatedly stabbed his wife did not convince the Indiana Court of Appeals on Wednesday that his nearly 30-year sentence for the crime was inappropriate.