Husband intended to defraud wife before divorce, COA rules
A man who conveyed several properties he owned to a family member shortly before divorcing his wife intended to defraud her, the Indiana Court of Appeals affirmed Thursday.
Court opinions
Articles
Tech company stockholders’ $3.1M award in earnout dispute upheld
The Indiana Court of Appeals on Thursday affirmed a more than $3 million award to stockholders of a technology company in a purchase agreement dispute.
New Albany lawyer agrees to probation, will pay $15K for shoddy accounting
A southern Indiana lawyer who for a decade mismanaged his firm’s trust accounts has agreed to a probationary period of at least three years, staying a nearly six-month suspension, under terms of an attorney discipline agreement approved Wednesday by the Indiana Supreme Court. The attorney also agreed to pay more than $15,000 in costs to the disciplinary commission and court.
Reversal: New crime exception nulls ‘taint’ on traffic stop
The grant of a motion to suppress an allegedly unconstitutional traffic stop has been overturned, though the Indiana Court of Appeals did not reach the constitutional question in reversing the trial court.
Opinions Nov. 13, 2019
Indiana Tax Court
Crown Property Group, LLC v. Indiana Department of State Revenue, and Adam J. Krupp
18T-TA-27
Tax. Grants Crown Property Group’s motion for summary judgement and denied the Indiana Department of State Revenue’s motion for summary judgment. Finds Crown is entitled to a refund of its filing fee plus $1,811.30, the entire amount levied by the department’s collection agent that comprises the withholding tax, the collection fee and the bank fee.
Tax Court grants judgment to real estate company in withholding dispute
The Indiana Tax Court has granted summary judgment to a real estate company after finding it was entitled to a refund of money levied out of its bank account by the Indiana State Department of Revenue.
Jacobs apologizes for Indianapolis shooting, says he ‘nearly lost’ everything
As he prepares to begin a 30-day, unpaid suspension, Clark Circuit Judge Bradley Jacobs is publicly apologizing for the first time for a night of drinking that led to him being critically wounded in a downtown Indianapolis shooting.
Probation revocation following positive drug tests affirmed
The Indiana Court of Appeals has affirmed the revocation of a Kentucky man’s previously suspended sentence for an Indiana conviction after he admitted to violating his probation when he tested positive for illegal substances.
COA rules for law firm in unpaid fee dispute
The Indiana Court of Appeals has affirmed judgment for a Fort Wayne law firm after one of its clients refused to pay attorney fees she found to be unreasonable.
New trial ordered for man denied counsel in criminal case
A man who asked for legal counsel that was not appointed in his misdemeanor invasion of privacy case will get a new trial, the Indiana Court of Appeals ruled Wednesday.
Indiana Court Decisions – Oct. 24–Nov. 6, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Stafford: Justices can’t kick Indiana’s civil forfeiture addiction
The term “excessive fine” is understandable. Unless you are a member of the Indiana Supreme Court. Then, in the context of civil asset forfeiture, the term becomes an enigma to be parsed in three dozen pages of ridiculous legal logic that even one of the five justices confessed he could not comprehend.
Opinions Nov. 12, 2019
Indiana Supreme Court
In the Matter of the Honorable Andrew Adams; In the Matter of the Honorable Bradley B. Jacobs; In the Matter of the Honorable Sabrina R. Bell
19S-JD-386, 19S-JD-566, 19S-JD-567
Judicial discipline. Suspends Clark Circuit 1 Judge Andrew Adams, who is already under an interim suspension, for 60 days without pay, effective immediately, to be reinstated at 12:01 a.m. Jan. 13, 2020. Suspends Clark Circuit 2 Judge Bradley Jacobs and Crawford Circuit Judge Sabrina Bell for 30 days without pay, effective 12:01 a.m. Nov. 22, to be reinstated at 12:01 a.m. Dec. 23. Finds the respondents, who were involved in a violent confrontation in Indianapolis on May 1 in which Adams and Jacobs were shot, violated Indiana Code of Judicial Conduct Rules 1.2 and 3.1(c). Also finds Adams violated Code of Judicial Conduct Rule 1.1.
Justices answer juvenile ineffective assistance of counsel question
Indiana Supreme Court justices have affirmed the placement of a teenage boy in the Indiana Department of Correction, finding he was not provided ineffective assistance of counsel.
Justices steer defective dump-truck suit back to trial court
A lawsuit alleging an Indianapolis manufacturer delivered dozens of defective dump trucks in 2005 has taken a U-turn back to the trial court after the Indiana Supreme Court found it could not grant summary judgment sought by the truck builder in litigation brought against it by the truck buyers.
Man suing for unpaid wages awarded thousands more in appeal
The Indiana Court of Appeals affirmed in part a judgment issued to a former medical device company employee, granting him an additional award for unpaid wages and remanding for the calculation of additional attorney fees it concluded he is entitled to.
Judges involved in Indianapolis shooting suspended without pay
The three judges involved in a night of drinking that ended in gunfire in downtown Indianapolis have each been suspended without pay from their southern Indiana benches. The Indiana Supreme Court order issued Tuesday marks the conclusion of the judicial discipline cases against the judges.
Condo complex loses 7th Circuit appeal in hail damage dispute
An Indianapolis condominium complex cannot seek more than $1 million in damages on a loan it took out to replace the shingles on its buildings, the 7th Circuit Court of Appeals ruled Friday.
Civil penalties imposed on Imperial Petroleum fraudster upheld
A man hired to artificially inflate an Indiana oil company’s stock has lost his appeal at the 7th Circuit Court of Appeals after the federal court concluded the extent of his cooperation and whistleblower activities was adequately assessed when he was issued more than $1.5 million in civil penalties.
Opinions Nov. 8, 2019
The following Indiana Tax Court opinion was posted after IL deadline Thursday.
McClain Museum, Inc. v. Madison County Assessor
18T-TA-1
Tax. Affirms the Indiana Board of Tax Review’s final determination that the Anderson McClain Museum’s property did not qualify for an educational purposes exemption, and reverses the board’s determination that the museum’s property did not qualify for a charitable purposes exemption. Finds the museum has made no showing that it conducts educational services, training or coursework related to military history, or that the state’s burden to provide military history education is relieved or would be increased if it were not for the museum. Also finds the museum’s ownership, occupation and use of its property convey a gift for the benefit of the general public that is charitable in nature. Finally, finds evidence contained in the administrative record supports the Tax Court’s finding that the museum’s property is eligible for a 75% exemption. Remands to the Indiana board to ensure the Madison County Assessor complies with the Tax Court’s instructions.