Articles

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.

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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.

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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.

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Justices reverse life sentence based on error by judge

The Indiana Supreme Court upheld a Gary man’s convictions related to the death of a woman he met at a bar, but it reversed the sentence of life without possibility of parole because the trial court’s sentencing order lacked a personal statement from the judge that the sentence is the appropriate one for the defendant.

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State failed to show defendant conspired to rob gas station

The Indiana Court of Appeals reversed a man’s conviction of conspiracy to commit robbery while armed with a deadly weapon because the state did not present evidence that the defendant and another man conspired ahead of time to rob a Lawrenceburg gas station.

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Justices take dispute over county road

The Indiana Supreme Court granted transfer to a not-for-publication Court of Appeals decision over whether a gravel drive to a landlocked 40 rural acres in Jackson County is a public road by use.

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SCOTUS: Immigration deadlines can be extended

The Supreme Court of the United States ruled Monday that federal appeals courts have authority to decide whether people facing deportation should be able to extend the deadlines in immigration proceedings.

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Bisard exhausts appeals as justices deny transfer

The Indiana Supreme Court won’t hear an appeal from former Indianapolis Metropolitan Police Department Officer David Bisard, who was convicted of killing one motorcyclist and seriously injuring two others while driving drunk in his police cruiser.

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Justices strip adoption, reinstate statute COA struck down

An adoptive maternal grandmother who the Court of Appeals ruled provided care in her grandchildren’s best interests despite a 1997 neglect conviction is legally barred from adopting them, the Indiana Supreme Court ruled. Justices also rebuked a COA determination that the statute was unconstitutional as applied.

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Judges split over whether to reinstate jury verdict

The Indiana Court of Appeals ordered a jury verdict, tossed out by the trial court in a negligence case stemming from a car accident, reinstated because the judge did not follow Trial Rule 59(J). The dissenting judge believed the trial court should have the opportunity to supplement its order first.

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