Tax court affirms classification of beneficiaries
A Hamilton County judge correctly classified beneficiaries as Class B and Class C transferees, subjecting them to higher taxes under Indiana’s inheritance tax, the Indiana Tax Court ruled Friday.
Court opinions
Articles
Justices disapprove of consideration of community outrage when reviewing sentence
The Indiana Supreme Court upheld a man’s 53-year sentence for battery and neglect of dependent convictions, but disagreed with the Court of Appeals’ reasoning for affirming the sentence.
Thoroughbred rep loses appeal over license requirement
A representative of a Thoroughbred horse owners and breeders organization was required to have a license from the Indiana Horse Racing Commission to participate in the group’s activities at the state’s pari-mutuel racetracks, the Indiana Court of Appeals ruled Friday.
Justices: Center Township Small Claims court stays put
What’s been called the state’s busiest court will stay in the City-County Building in Indianapolis, the Indiana Supreme Court ordered Friday, blocking the Center Township trustee’s bid to relocate the court to a location on Fall Creek Parkway.
Appeals panel reverses summary judgment for insurer in hit-and-run
Summary judgment in favor of an insurer should not have been granted in a hit-and-run case, the Indiana Court of Appeals ruled Friday. The court reversed a Marion Superior Court order and held that the hit-and-run driver was uninsured as a matter of law.
COA upholds termination of Bloomington high school teacher
Finding that substantial evidence supported the decision by the school board to end Bloomington High School South teacher Stephen Smith’s contract, and that the board followed proper procedures in canceling the contract, the Indiana Court of Appeals upheld the lower court’s affirmation of the board’s decision.
Court upholds Sturgis’ conviction for murder of son
St. Joseph County resident Jerry L. Sturgis Sr. lost his appeal before the Indiana Court of Appeals Thursday that challenged convictions stemming from the beatings and abuse of three of his children, leading to the death of his 10-year-old son in 2011.
Mother not denied due process by denial of motion for continuance
A mother living in Florida was not denied due process when her motion to continue a termination hearing involving her three children, who were determined to be in need of services in Indiana, was denied by the Cass Circuit Court, the Indiana Court of Appeals has ruled.
COA orders new trial for man who represented himself
Finding a defendant did not knowingly or intelligently waive his right to counsel, the Indiana Court of Appeals Thursday ordered a new trial on strangulation and domestic battery charges.
Nursing home can’t collect from estate under doctrine of necessaries
A Connersville nursing home can’t seek to collect on expenses for a patient after her death from the estate of her husband under the doctrine of necessaries, the Indiana Court of Appeals ruled, because the facility didn’t first seek to collect from the patient.
US Supreme Court strikes down DOMA as unconstitutional
On its last day of the 2012 term, the Supreme Court of the United States handed down its highly anticipated decisions involving same-sex marriage. Same-sex couples in states that recognize same-sex marriage received a victory from the court when the majority struck down Section 3 of the Defense of Marriage Act as unconstitutional.
COA reaffirms separate convictions for check theft not warranted
The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the defendant stole checks from a man’s mailbox, but affirmed its original decision that the taking of the checks and what the defendant did with them constituted a single continuing act of theft.
Judge: School corp.’s inattentiveness doesn’t support benefits reversal
The Indiana Court of Appeals was split Wednesday over whether a notice sent regarding a hearing on unemployment benefits required reversing the grant of benefits because the employer found the notice confusing.
US Supreme Court: DOMA unconstitutional; finds lack of standing to appeal in Perry
The Supreme Court of the United States struck down the Defense of Marriage Act Wednesday in a 5-4 decision that is confined to only those in lawful marriages. Associate Justice Anthony Kennedy authored the majority decision, writing the Act is a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.
Justices slam agreement to no parenting time, no child support
The Indiana Supreme Court had harsh words Tuesday for parents and attorneys who enter into agreements that stipulate giving up parenting time in lieu of paying child support. There must be extraordinary circumstances to justify denying parenting time.
SCOTUS strikes portion of Voting Rights Act; will hand down term’s final decisions Wednesday
The Supreme Court of the United States held Section 4 of the Voting Rights Act is unconstitutional Tuesday, ruling that its formula can no longer be used as a basis for subjecting jurisdictions to pre-clearance. The case stems from Shelby County in Alabama asking for a declaratory judgment that sections 4(b) and 5 are facially unconstitutional and a permanent injunction against their enforcement.
Resisting law enforcement conviction reduced due to double jeopardy violation
A post-conviction court “clearly erred” when it found a man’s trial attorney did not provide ineffective assistance of counsel, the Indiana Court of Appeals ruled Tuesday. The judges ordered the court to reduce Timmy Zieman’s Class C felony resisting law enforcement conviction to a Class D felony because of a violation of double jeopardy principles.
Refusal to remove biased board member ends potential administrative remedies
After finding that the exhaustion of administrative remedies was excused for a company seeking to operate a stone quarry because a drainage board member was biased against the project, the Indiana Court of Appeals ruled the trial court acquired subject matter jurisdiction and properly denied the board member’s motion to dismiss.
Supreme Court kicks ‘buyer beware’ vs. disclosure case back to trial court
A Lake County dispute over whether a buyer or seller is responsible for a few thousand dollars worth of home defects is headed back to the trial court after a divided Indiana Supreme Court ordered a legal do-over.
Justices reverse rule of law going back to Civil War era
After requiring for nearly 150 years that a defendant charged with murder or treason be required to prove he or she is entitled to bail, a divided Indiana Supreme Court ruled it now falls upon the state to show that “the proof is evident or the presumption strong” that the defendant is guilty and not entitled to bail.