7th Circuit dismisses case for mootness
The appeal of an eviction initiated by the Housing Authority of South Bend was dismissed by the 7th Circuit Court of Appeals because the woman and her son have already been evicted.
Court opinions
Articles
Appellate courts may consider credit time status
Indiana appellate courts can take into account the potential consequences of an offender’s status as a credit restricted felon when reviewing a sentence, the state Supreme Court ruled Tuesday.
LaPorte County prosecutor suspended by Supreme Court
LaPorte County Prosecutor Bob “Z” Szilagyi has been suspended by the Indiana Supreme Court for forging the names of his ex-wife and secretary on a quitclaim deed on the former couple’s marital home.
Judges reverse football player’s operating while intoxicated conviction
The Indiana Court of Appeals disagreed with the state’s argument that prosecutorial discretion extends to the determination of which conviction should be vacated after a finding of double jeopardy.
Judges disagree on applicable child support guideline
Against the advice of their attorneys, a divorcing couple entered into a settlement agreement that included a “true up” provision for calculating child support each year. That provision is now at issue before the Indiana Court of Appeals.
COA: exhaust administrative remedies before filing appeal
Because a manufacturer didn’t exhaust its administrative remedies regarding a challenge to a search of its Indianapolis facility by the Indiana Occupational Safety and Health Administration, the Indiana Court of Appeals dismissed the manufacturer’s appeal.
Judges find no error in division of marital assets
The Indiana Court of Appeals upheld the equal division of marital assets of a divorcing LaPorte County couple but found the trial court erred in its calculation of how much the ex-husband owes in child support.
Language of easement allows parking
The Indiana Court of Appeals concluded that the language of an easement dating back to the 1800s allows for a family to park its cars on that easement.
Indiana justices outline ‘improvement to real property’
For the first time, the Indiana Supreme Court addressed what constitutes an “improvement to real property” as mentioned in the construction statute of repose. In doing so, the justices reversed the trial court’s grant of a contractor’s motion for summary judgment in a wrongful death claim.
Appeals court affirms breach ruling in truck dispute
The Indiana Court of Appeals affirmed a Floyd Superior breach of contract ruling for a defendant who made a contract with a purchaser who defaulted after assuming payments on a Freightliner truck.
SCOTUS rules on immigration case, life sentences for juveniles
The U.S. Supreme Court Monday affirmed in part and reversed in part Arizona’s controversial immigration law. The justices also found that a life sentence without possibility of parole for juveniles violates the Eighth Amendment.
Judge upholds sex offender ban from Facebook
Indiana’s law banning certain registered sex offenders from using social networking sites that allow minors is not unconstitutional, U.S. District Judge Tanya Walton Pratt ruled Friday.
COA: Prosecutor had ability to provide use immunity
The Indiana Court of Appeals relied on state Supreme Court precedent to find a Shelby County prosecutor could compel parents to testify by providing use immunity. The parents argued the prosecutor couldn’t grant use immunity because there were no grand jury proceedings and they hadn’t been charged with a crime.
Judges affirm teen’s sentence for robbery, conspiracy
An Elkhart teenager convicted in adult court for her role in several armed robberies of gas stations lost her appeal before the Indiana Court of Appeals.
CNO shareholder loses appeal
A Marion County court didn’t err when it granted insurance holding company CNO board of directors members’ motion to dismiss a shareholder’s lawsuit for failure to make pre-suit demand, the Indiana Court of Appeals concluded.
Court split on man’s forgery conviction
The Indiana Court of Appeals was divided over whether a man who used another person’s Social Security number and a false identification should have been convicted of forgery under a 2005 amendment to the law.
Judges order dispute be arbitrated
A complaint filed by a client against financial services companies and a former employee must be arbitrated per an agreement the client signed when opening an IRA account, the Indiana Court of Appeals concluded. The court split over whether one of the companies could compel arbitration.
Supreme Court affirms death sentence in 2001 rape, murder
A man whose death sentence and murder and rape convictions previously were reversed on appeal to the Indiana Supreme Court remains condemned after the justices on Thursday affirmed a trial court’s denial of post-conviction relief.
Justices reverse Tax Court in UPS case
The Indiana Supreme Court found that two reinsurance companies of the United Parcel Service are foreign companies that don’t do business within Indiana, so they aren’t exempt from Indiana adjusted gross income tax.
COA: Don’t include sales tax in forfeiture calculation
The Indiana Court of Appeals ruled Thursday that a trial court erred in adding sales tax to the value of goods stolen, which allowed the state to seize the car used by the thief.