Articles

Boilerplate language can’t support warrant for blood draw

The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.

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Deed allows owners to make wells deeper, court rules

A family that sold mineral rights to a company but reserved the rights to oil and gas from certain producing wells was not restricted by the deed from making the reserved wells deeper, the Indiana Court of Appeals held Friday.

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Court erred in not considering subsequent property settlement agreements

The Indiana Court of Appeals reversed a ruling in favor of a woman on her claim that her ex-husband owed her more than $2.4 million based on a 1997 property settlement agreement. The judges found the trial court should have considered subsequent property settlement agreements the two entered into without the court’s approval.

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Remonstrators’ victories are short-lived

In a string of reversals from the Indiana Court of Appeals, the judiciary seems to be saying that if a municipality indicates it will need the additional territory at some point in the future, then that is enough to allow an annexation to move forward.

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Insurance policy v. public policy

A starkly divided Indiana Court of Appeals opinion over whether insurance should be in play after a bicyclist was killed by an unauthorized motorist may be appealed to the Indiana Supreme Court.

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Justices: Survivors cannot recover attorney fees

The ambiguous phrase, “including but not limited to” in the state’s wrongful death statutes has again caught the attention of the Indiana Supreme Court, but this time the justices cautioned against broad interpretation.

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Lawsuit continues on railroad crossing accident case

A woman involved in a fatal car versus train accident in Boone County will be allowed to go to trial on just one of her claims: whether the railroad company failed to provide an unobstructed view at the crossing because of lack of vegetation control.

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Court ordered to reconsider expungement petition

An illegible handwritten note next to a docket entry in a 1976 conviction is not enough to support the trial court’s decision to deny a man’s expungement petition because he had not paid $37 in court costs. The Indiana Court of Appeals ordered the trial court to reconsider the man’s petition.

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Estate loses on appeal but will get refund

The Indiana Tax Court reversed a probate court’s entry of summary judgment in favor of an estate on a claim seeking a refund of nearly $645,000 paid in inheritance tax, but the judge did find the estate is entitled to approximately $58,000 as a refund.

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COA: Case belongs in Tax Court

A company owner seeking relief from a tax judgment should not have filed in county court, but with the Indiana Tax Court, the Court of Appeals concluded Wednesday. It ordered the case dismissed on jurisdictional grounds.

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