COA tosses belated probation revocation appeal
Indiana Supreme Court rulings do not permit a belated appeal of a probation revocation, the Indiana Court of Appeals held in dismissing a man’s appeal in such a case Thursday.
Court opinions
Articles
Opinions Nov. 20, 2019
Indiana Court of Appeals
Jarvis Peele v. State of Indiana
19A-CR-01160
Criminal. Reverses Jarvis Peele’s convictions of Level 6 felony possession of methamphetamine and two counts of Class A misdemeanor resisting law enforcement. Finds the Clark Circuit Court erred when it granted the state’s Criminal Rule 4(D) motion to continue Peele’s trial outside the timeframe required by his speedy-trial request. Finds Peele was entitled to discharge of the charges against him.
Reversal: Man’s drug convictions again tossed for speedy-trial violation
A Clark County man has again had his drug-related convictions vacated after the Indiana Court of Appeals concluded he was entitled to have them discharged when his request for a speedy trial was not met.
Denial of guardianship for undocumented immigrant’s niece reversed
An Indiana trial court judge who doubted whether he had the authority to grant a guardianship in a case before him involving two undocumented immigrants will get the case back from the Indiana Court of Appeals, which told him in a Wednesday opinion that his ruling was erroneous.
Opinions Nov. 19, 2019
Indiana Court of Appeals
Termination: J W v. Indiana Department of Child Services
19A-JT-01298
Juvenile termination. Affirms the involuntary termination of J.W.’s parental rights to his daughter, G.F. Finds sufficient evidence to support the termination, concluding there was a reasonable probability that the continuation of the parent-child relationship would pose a threat to the well-being of G.F.
TPR affirmed for father involved with crime, drugs
The Indiana Court of Appeals affirmed the termination of a father’s parental rights to his daughter on Tuesday after concluding his criminal activity and continuing drug abuse posed a threat to her well-being.
Denial of dismissal of delinquency petition against 23-year-old affirmed
The denial of a motion to dismiss a delinquency petition filed against a 23-year-old for an act he committed as a teenager was upheld Monday by the Indiana Court of Appeals.
Opinions Nov. 15, 2019
7th Circuit Court of Appeals
Brigid Ford v. Marion County Sheriff’s Office
18-3217
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the Southern District Court’s grant of summary judgment to the Marion County Sheriff’s Office against Brigid Ford’s discriminatory employment practice claims. Finds the district court properly granted partial summary judgment as to some of Ford’s claims and exercised its discretion fairly to manage the trial on the remaining claims.
COA: Trustee breached duties by cheaply selling property, paying herself
The Indiana Court of Appeals affirmed Friday that a woman breached her duties as a trustee after she sold several real estate properties from a living trust for less than their fair market value and then paid herself.
7th Circuit affirms for Marion County sheriff in disability dispute
The 7th Circuit Court of Appeals affirmed on Friday a grant of summary judgment to the Marion County Sheriff’s Department in an employment discrimination dispute with an ex-deputy who claims she was harassed by co-workers because of her disability.
Trump wants Supreme Court to block subpoena for his taxes
President Donald Trump is asking the United States Supreme Court to block a subpoena for his tax returns in a test of the president’s ability to defy investigations.
Opinions Nov. 14, 2019
Indiana Court of Appeals
SGS North America Inc. v. Christine Mullholand, As Stockholder Representative of Cybermetrix, Inc., et al.
19A-PL-01283
Civil plenary. Affirms the Marion Superior Commercial Court’s order confirming a $3,107,200 award plus interest to Christine Mullholand against SGS North America, Inc, which purchased her company Cybermetrix, Inc. Finds the designated auditor’s determination of the parties’ earnout dispute constitutes a binding arbitration award. Finds the trial court did not err in granting Mullholand’s application for confirmation of arbitration award and in denying SGS’s motion to dismiss her application for the same reasons.
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.
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.