Server’s electronic tip alteration is forgery, COA rules
A Logan’s Roadhouse server who used a computer to alter the amount of tip a customer left for her on a credit card can be convicted of forgery, the Indiana Court of Appeals affirmed Thursday.
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Man loses challenge to Internet access restrictions
A convicted sex offender’s probation condition restricting his access to certain websites and programs that are frequented by children does not violate the man’s First Amendment rights, the Indiana Court of Appeals ruled Tuesday.
7th Circuit reverses sanctions against Plews Shadley, other firms in False Claims Act case
After finding that a federal court in Indianapolis erred in dismissing a former ITT Educational Services Inc. employee’s False Claims Act lawsuit, the 7th Circuit Court of Appeals reversed the nearly $350,000 in sanctions imposed against three law firms representing the woman.
Police officer’s suit alleging retaliation for political comment survives
The 7th Circuit Court of Appeals has reversed summary judgment in favor of two Portage police officers and the city on a detective’s claim that he was transferred in retaliation for comments he made to a local newspaper following the mayoral primary election in 2007.
7th Circuit rejects ‘kitchen sink approach’ in widow’s insurance appeal
A woman whose husband died of cancer as their purchase of several Terre Haute-based car dealerships was failing is not entitled to proceeds of his life insurance policy – a policy that had been assigned as an asset in the sale of the lots – the 7th Circuit Court of Appeals ruled Monday.
Defendant waived right to appeal sentence
Finding that a man knowingly and voluntarily waived the right to appeal the appropriateness of his concurrent 34-year sentences following a guilty plea to drug charges, the Indiana Court of Appeals affirmed his sentence.
7th Circuit dismisses campground owner’s appeal after raising new arguments
A Cedar Grove campground owner’s appeal regarding the judgment that the campground is subject to the Safe Drinking Water Act raised an “interesting question,” the 7th Circuit Court of Appeals noted, but the judges dismissed the appeal because the owner raised arguments for the first time on appeal.
Guardian may not file for divorce on behalf on incapacitated adult
Citing a 1951 Indiana Supreme Court case, the Court of Appeals has affirmed that the law does not allow a guardian of an incapacitated person to file a petition for divorce on behalf of the incapacitated person.
COA split over reversing summary judgment in slip-and-fall case
The Indiana Court of Appeals was divided Wednesday over whether a Merrillville store failed to preserve its issue of prejudice by opposing summary judgment granted to two companies in a negligence lawsuit filed by a woman who fell on ice in front of the northern Indiana Pier 1 Imports store.
Judges uphold sale of properties in tax sale
The Indiana Court of Appeals upheld the denial of a property owner’s motion for relief from judgment after his two parcels were sold in a Marion County tax sale. The man argued the notices sent by officials didn’t comply with statutory requirements and he was denied due process.
Resisting law enforcement conviction reversed because man had no duty to stop
Finding police lacked reasonable suspicion and probable cause when responding to a call about a disturbance that would justify a seizure of a Marion County man, the Indiana Court of Appeals concluded Keion Gaddie was subject to an unlawful stop.
Justices reinstate sex offender’s maximum sentence lowered by COA
The Indiana Supreme Court on Tuesday reinstated a trial court sentence that imposed maximum consecutive prison terms for a man convicted of two counts of Class B felony sexual misconduct with a minor.
Unpaid balance bars woman from being class representative in class-action complaint
Even though a trial court initially certified a class in a lawsuit, the Indiana Court of Appeals has ruled in a case of first impression that the lower court can change its mind.
10-year sentence for 5-finger discount not inappropriate, COA rules
The Indiana Court of Appeals has found a sentence of 10 years for stealing a shirt valued at $14.99 is not inappropriate.
SCOTUS ruling limits worker harassment claims
The case of Vance v. Ball State University hinged on the definition of 'supervisor.'
SCOTUS decides high-profile cases in term’s final weeks
The Supreme Court of the United States issued the final decisions of the 2012 term June 26. In addition to the Vance v. Ball State University ruling on the definition of “supervisor,” several of the decisions handed down during waning days of the term promise to have far-reaching impact.
Justices reverse juvenile placement on sex offender registry
A juvenile who pleaded guilty to what would have been Class D felony sexual battery if committed by an adult should not have been placed on the sex offender registry, the Indiana Supreme Court ruled Monday.
Indiana Supreme Court endorses new jury instructions for mentally ill defendants
Although it affirmed the judgment of the post-conviction court in denying relief, the Indiana Supreme Court endorsed a change in jury instructions regarding mentally ill defendants.
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.
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.