Privilege defense splits Court of Appeals
A split Indiana Court of Appeals found the privilege granted to store owners and employees in making claims to police does have limits.
Court opinions
Articles
Use tax on out-of-state vehicle purchases upheld
A tree service properly paid Indiana use tax on its commercial vehicle purchases made outside the state, and imposition of those taxes did not violate the Commerce Clause, the Indiana Tax Court ruled Tuesday.
Indy skyline photo copyright appeal not fully developed
A lawyer and photographer’s appeal in a copyright lawsuit over unlicensed use of his photo of the Indianapolis skyline was improper, the 7th Circuit Court of Appeals ruled Monday, dismissing the appeal.
Court ruling spurs backers’ hopes for redistricting changes
Groups trying to curb the partisan sculpting of U.S. House of Representative districts are hoping their Supreme Court of the United States victory will prompt more states to create independent commissions to redraw congressional lines.
Homeowners meet criteria for adverse possession of disputed property
A church that challenged those who, it believed, trespassed failed to convince the Indiana Supreme Court that a disputed strip of land was actually part of its property.
Split COA panel affirms day care couple’s manslaughter convictions
A couple convicted of involuntary manslaughter after a child died in their home-based Fishers day care failed to convince the Indiana Court of Appeals that they should get new trials.
Appeals panel affirms partial summary judgment in foreclosure suit
The Indiana Court Appeals affirmed partial summary judgment granted in a mortgage foreclosure suit, rebuffing a creditor’s interlocutory appeal seeking summary judgment to foreclose the mortgage.
Former JA chief loses defamation appeal against attorney
The former president and CEO of Junior Achievement of Indiana lost a defamation appeal against an Indianapolis attorney Tuesday. The Indiana Supreme Court ruled the complaint was time-barred.
Habitual offender changes not retroactive, COA holds
In affirming an Indianapolis man’s conviction of aggravated battery and a habitual offender adjudication, the Indiana Court of Appeals also held that revisions to the state’s habitual offender statute enacted a year ago are not retroactive.
‘Rushing’ door sufficient for burglary conviction
A man who rushed the door of an apartment where a co-conspirator had arranged a drug buy was rightly convicted of Class A felony burglary resulting in serious bodily injury, the Indiana Court of Appeals held Tuesday.
Legislative and judicial history settles feud over estate
Sisters arguing over the family estate failed to provide the court with “clear and convincing evidence” that their father’s intentions were different from his actions.
Justices uphold Arizona’s system for redistricting
The Supreme Court of the United States on Monday upheld Arizona congressional districts drawn by an independent commission and rejected a constitutional challenge from Republican lawmakers.
Man’s sentence affirmed despite misapplication of law
A misapplication of Indiana law in setting a 10-year cap in a plea agreement for a man who admitted to multiple counts of child neglect and criminal confinement doesn’t require reversal, a divided Indiana Supreme Court held Monday.
In case of conflicting evidence, high court defers to jury verdict
A Pike County man challenging the jury’s finding that he was not insane or mentally ill did not meet what the Indiana Supreme Court acknowledged was a “heavy burden” to overturn the guilty verdict.
Justices affirm burglary conviction COA tossed out for perjury
The Indiana Supreme Court on Friday affirmed a trial court burglary conviction that a Court of Appeals panel vacated on the basis that the prosecution used perjured testimony.
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.
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.