Court affirms division of marital estate in divorce
A trial court’s division of a marital estate that was challenged by both the husband and wife was affirmed Tuesday by the Indiana Court of Appeals.
Court opinions
Articles
Conviction upheld for man who berated ex after protective order
A man who called his ex and offered a “one time only deal” regarding parenting time with their son after the woman obtained a protective order failed to convince judges on appeal that his invasion of privacy conviction should be reversed.
Experts say Court of Appeals ruling leaves death penalty in limbo
Legal experts from Indiana’s law schools said the decision casts uncertainty on the death penalty going forward, though they said by no means is the court’s ruling a moratorium on future executions.
Tax sale purchasers lose as COA tangles over statutory interpretation
Likening people who buy property at tax sales to gamblers, an Indiana Court of Appeals panel split over how much due diligence the tax sale statute requires of purchasers but still found the buyers of a cell tower property in Bloomington did not do enough.
Justices strike down gender differences in citizenship law
The Supreme Court of the United States on Monday struck down part of an unusual law that treats fathers and mothers differently when it comes to conferring citizenship on children born outside the U.S.
Justices side with Microsoft in Xbox 360 class action case
The Supreme Court of the United States is giving Microsoft Corp. another chance to stop a class action lawsuit filed by owners of the Xbox 360 video game system who claim the console has a design defect that scratches game discs.
COA: Lack of allocution notice demands resentencing
A divided Indiana Court of Appeals remanded a man’s sentencing because a judge failed to directly offer him a chance to speak before sentencing him, instead asking the man’s counsel, who said his client did not wish to speak.
COA: Man’s actions waived right to speedy trial
An Indiana man convicted of multiple felony drug charges lost his appeal of his lack of a speedy trial because his actions, including his failure to object to a later trial date, waived his right to such a trial, the Indiana Court of Appeals ruled Friday.
7th Circuit: Retired veteran can’t sue government for distress
A retired veteran who was wrongfully deprived of incapacitation payments during his time in the reserves cannot sue the U.S. government for distress caused by that deprivation because existing caselaw prohibits servicemembers from suing the government for injuries accrued while in the military, the 7th Circuit Court of Appeals ruled Thursday.
7th Circuit affirms preliminary injunction to allow pro-marijuana rally
A pro-marijuana nonprofit organization may be able to hold a rally on the steps of the Tippecanoe County Courthouse after the 7th Circuit Court of Appeals affirmed a preliminary injunction against the county’s policy for approving courthouse events.
7th Circuit: Summary judgment properly awarded to glue manufacturer
A federal judge properly awarded summary judgment to a glue manufacturer after the 7th Circuit Court of Appeals determined a man who claimed he suffered neurological issues from the glue’s fumes failed to provide expert testimony to establish causation.
COA affirms dismissal of manslaughter charges after police, prosecutorial misconduct
A northern Indiana man charged in connection with the shooting death of his wife will not be tried after a divided Indiana Court of Appeals ruled Wednesday that actions by state officials intentionally meant to hurt the man’s defense would make it impossible for the man to receive a fair trial.
Lake County sheriff granted summary judgment in deputy sexual assault case
A northern Indiana sheriff has been cleared of liability relating to an alleged sexual assault of a Lake County resident by a sheriff’s deputy after a magistrate judge concluded the alleged victim failed to present evidence that the sheriff had a duty to her.
Evansville newspaper can’t claim tax deduction for out-of-date printing press
A southern Indiana newspaper company cannot claim an “abnormal obsolescence” tax deduction for its purchase of a now-outdated printing press after a special tax court judge found the media company did not establish a prima facie case.
Man’s 9-year sentence for possessing a gun upheld by 7th Circuit
An Indiana’s man sentence for possession of a firearm by a violent felon will stand after the 7th Circuit Court of Appeals held Monday the federal and state definitions of “battery” and “force” work together to convict him of violent felonies.
Judgment against ex-state lawyer vacated in long-running puppy mill case
A former attorney in the Indiana Attorney General’s Office has been relieved of a $15,000 judgment against him for his role in the raid of an alleged puppy mill, the most recent decision in a long-running case stemming from the state’s seizure of roughly 240 dogs.
High court limits seizure of assets from drug conspiracies
The Supreme Court of the United States is limiting the government's ability to seize assets from people who are convicted of drug crimes but receive little of the illegal proceeds.
Justices limit recovery in securities fraud cases
The Supreme Court of the United States on Monday made it tougher for the government to recover ill-gotten gains from people convicted of securities fraud, ruling that such recoveries are subject to a five-year statute of limitations.
Justices side with religious hospitals in pension dispute
Religious hospitals don't have to comply with federal laws protecting pension plans, a unanimous U.S. Supreme Court ruled Monday in a case that affects retirement benefits for roughly a million workers nationwide.
COA affirms denial of reinstatement petition for lack of good cause
A special trial court judge properly denied a Vigo County woman’s petition to reinstate her previously dismissed case, the Indiana Court of Appeals held Wednesday, finding the woman failed to establish good cause for reinstating her case.