Articles

Tax Court: tax rate recalculation incorrect

The Indiana Tax Court ruled that a government agency incorrectly calculated a Marion County school district’s capital project fund levy property tax rate for 2011, and it has ordered the Department of Local Government Finance to recalculate the tax rates going back to 2007.

Read More

Appeal planned on judge’s order to remove secretary of state

Marion Circuit Judge Lou Rosenberg ruled Wednesday that Indiana Secretary of State Charlie White was ineligible to be a candidate for the state office in the November 2010 election because he allegedly committed voter fraud. Now, an appeal is being planned and many believe the case is on a fast-track to the state’s highest court.

Read More

7th Circuit rules school provided appropriate public education

Hamilton Southeastern Schools has prevailed on appeal that it does not have to reimburse two parents for their son’s special education at another institution because they claimed the school system wasn’t providing a free appropriate education to their son, who had a traumatic brain injury.

Read More

Judge upholds Delaware County smoking ban

Delaware Circuit Judge Marianne Vorhees refused to strike down an ordinance passed this summer by the county commissioners that enhanced the county’s smoking ban by prohibiting smoking in bars and private clubs. In her ruling Wednesday, she said those who are unhappy with the ordinance should use the political process to try to change it.

Read More

Court upholds finding man committed crime of domestic violence

The Indiana Court of Appeals affirmed the finding that a defendant committed a crime of domestic violence, which then made it illegal for him to possess a firearm in the future. The judges determined there was enough evidence to support the finding that the defendant and the victim were in a dating relationship, a key element in the charge.

Read More

Justices suspend attorney for 18 months

Three Indiana justices decided that an attorney deserved an 18-month suspension for violating four rules of Professional Conduct, including charging an unreasonable fee. Justice Steven David didn’t participate in the case and Justice Robert Rucker believed the attorney only violated three of the rules and deserved a shorter suspension.

Read More

Marsh wins $19.5M judgment against Roche

A Hamilton Superior judge has awarded Marsh Supermarkets Inc. a total of $19.5 million in damages in a soured sublease deal with Swiss pharmaceutical- and medical-equipment-maker Roche.

Read More

Traffic judge’s 60-day suspension begins next week

Hammond City Court Judge Jeffrey A. Harkin will begin serving his 60-day unpaid suspension on Dec. 27 as a result of an agreement he reached with the Indiana Commission on Judicial Qualifications and approved by the state’s highest court.

Read More

Federal incarceration doesn’t count toward speedy trial clock

The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.

Read More

In issue of first impression, COA reverses union decision

Following denials from a union officer, three union panels and a trial court, three former union employees successfully convinced the Indiana Court of Appeals that they are entitled to payment for their accrued vacation time. But the COA opinion was not unanimous.

Read More

Judges uphold man’s convictions, enhanced sentence

The Indiana Court of Appeals affirmed the convictions of and sentence for a man on multiple drug charges, finding that the Lake Superior judge didn’t err by enhancing the man’s sentence because he is a habitual offender.

Read More

Federal Circuit hears judges’ pay case

A federal appellate court heard arguments Friday in a case that could ultimately decide if Congress has the authority to withhold judicial pay increases as it’s done in the past or whether cost-of-living adjustments are required.

Read More

COA affirms arbitration opinion on rehearing

Rehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees are not bound by an arbitration clause that was signed by predecessors.

Read More