Warsaw poker game operator’s conviction flushed
The operator of a fundraising poker game at a Warsaw veterans lodge won an appeal of his contracting conviction Friday at the Indiana Court of Appeals.
Court opinions
Articles
Supreme Court extends same-sex marriage nationwide
The Supreme Court of the United States has declared that same-sex couples have a right to marry anywhere in the United States. The decision was 5-4.
Woman’s comments to police considered political speech, COA rules
The Indiana Court of Appeals overturned a woman’s misdemeanor disorderly conduct conviction, which was based on her comments to police that she was pulled over because she was black, finding the comments were political in nature.
Judges deny sentence modifications, but for different reasons
A panel on the Indiana Court of Appeals concluded Thursday that neither of two men who petitioned in late 2013 to have their 1997 sentences modified are entitled to a modification, but the judges’ reasoning for the denials differed.
7th Circuit rules against Anderson mayor in suit following firings
Anderson Mayor Kevin Smith lost his appeal of the finding that he is not entitled to qualified immunity regarding all of the fired government workers involved in a lawsuit alleging their discharges violated the First Amendment.
7th Circuit rejects claim conviction is outside statute of limitations
The 7th Circuit Court of Appeals disagreed with a defendant who claimed the federal DNA tolling statute is unconstitutional as applied to him. The man was convicted in 2013 of attempting to rob an Anderson bank in 2003, thanks to a positive identification in 2010 using DNA collected at the crime scene.
Housing-discrimination lawsuits backed by US Supreme Court
The Supreme Court of the United States said people who file housing-discrimination lawsuits don’t have to show they were victims of intentional bias, in a blow to lenders and insurers and a surprise legal victory for the Obama administration.
SCOTUS upholds nationwide health care law subsidies
The Supreme Court of the United States on Thursday upheld the nationwide tax subsidies under President Barack Obama's health care overhaul, in a ruling that preserves health insurance for millions of Americans.
Merrillville attorney disbarred for stealing funds
A northern Indiana attorney who stole trust account funds belonging to his former law partner and that partner’s clients, and embezzled hundreds of thousands of dollars from a receivership, has been disbarred by the Indiana Supreme Court.
ITCA does not apply to lawsuit challenging local firearm law
An Evansville man suing the city for enforcing a local law prohibiting firearms in public parks is not effectively bringing a tort claim, as the city argued in its motion on the pleadings. The Court of Appeals affirmed denial of the city’s motion, finding the claim is being brought pursuant to I.C. 35-47-11.1-5, which creates a private right of action for individuals to enforce that statute’s provisions.
Inmate not disadvantaged by appearing at trial by video
The 7th Circuit Court of Appeals affirmed Monday that a New Jersey inmate who filed a retaliation lawsuit against officials at an Indiana prison while he was housed there was not disadvantaged when the judge denied his request to be transported to Indiana for the trial. The judge instead ordered he appear by video conferencing.
Post-conviction relief unavailable for traffic infractions
A man ticketed for a traffic violation and speeding is not entitled to post-conviction relief or relief from judgment, the Indiana Court of Appeals ruled Monday. Post-conviction relief is only available when someone has committed a crime.
Teen’s arrest did not violate 4th Amendment
The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.
Record supports capping trustee fees at 1.5 percent
A trial court did not err when it concluded that a community foundation which took over acting as trustee of a charitable trust will have its fees capped at 1.5 percent of the trust’s annual assets, the Indiana Court of Appeals ruled Friday.
COA orders corrected notification sent to BMV, suggests form update
The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.
Homeowners association loses appeal of assessments
Finding that an Indianapolis homeowners association did not make any cognizable claims using the Form 133 appeal procedure to appeal assessments on its common area land, the Indiana Tax Court affirmed the dismissal of its petitions to correct error.
No error in granting variance for pet boarding facility
The Indiana Court of Appeals upheld the decision to grant a variance to a company seeking to build an upscale dog and cat boarding and day-care facility on the northwest side of Indianapolis. A hotel located next to the property objected, fearing noise from the animals would deter business.
Inmate’s failure to comply with ITCA dooms lawsuit
A Department of Correction inmate who sued several government employees after he was injured when he fell out of a pickup truck lost his appeal before the Indiana Court of Appeals Thursday.
Justices rule for small Arizona church in sign law dispute
The Supreme Court of the United States ruled Thursday for an Arizona church in a dispute over a town's sign law in a decision that three justices said could threaten municipal sign regulations across the country.
Confederate flag license plate bid spurned by top US court
Texas acted legally when it refused to issue a license plate depicting the Confederate battle flag, the Supreme Court of the United States ruled in a decision that means dozens of states won’t have to open up their specialty-tag programs.