‘Notario’ pleads guilty to tax evasion, illegal law practice
A Marion Superior judge has sentenced an Indianapolis woman who offered illegal immigration services without a law license and evaded paying her income taxes through that business.
Court opinions
Articles
COA rules on man’s theft conviction for third time
Following an order from the Indiana Supreme Court that the lower appellate court more fully address the Proportionality Clause of the Indiana Constitution, the Indiana Court of Appeals has again upheld a man’s felony theft conviction.
Hospital doesn’t owe attorney any contingency fees
A Kokomo attorney is not entitled to collect his contingency fees from a hospital in his representation of a patient caught in an insurance dispute, the Indiana Court of Appeals has held.
No summary judgment on issue of whether complaint was timely filed
The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a medical malpractice action, finding there are questions around whether the plaintiff timely filed the proposed complaint.
Judges ask family to end litigation over parents’ interments
In a dispute among divided siblings on where their deceased parents should be buried, the Indiana Court of Appeals asked the family to end the litigation and let the parents “rest in peace.”
COA split on whether scooter is ‘motor vehicle’
The Indiana Court of Appeals was divided in a case involving a man who was convicted of driving a motor vehicle while his privileges were suspended, with one judge agreeing with the state that the defendant’s scooter qualified as a motor vehicle under statute.
Circuit Court affirms admission of drugs, sentence
The 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t a crime of violence, citing a recent decision by the United States Supreme Court on that matter.
Judge approves proposed settlement agreement
A federal judge has approved a proposed settlement agreement in a class-action lawsuit against the Indiana Family and Social Services Administration alleging that an agency policy that doesn’t allow certain Medicaid waiver enrollees to apply for services other than what’s been approved by their case manager is in violation of federal Medicaid law.
7th Circuit finds remand to be unreviewable
The 7th Circuit Court of Appeals looked at the issues of removal and remand in the context of bankruptcy in a case July 21 and found the bankruptcy court’s decision to remand a case to state court is unreviewable.
Justices reduce sentence of man found asleep in office
Four of the five Indiana Supreme Court justices decided that the man found asleep in the waiting room of a dental office – who had an empty handgun on him – should only be sentenced to 20 years for the crime instead of 40 years.
Trial court shouldn’t have struck expert witness affidavit
The Indiana Court of Appeals reversed summary judgment for a doctor in his attempt to collect an unpaid medical bill, finding the trial court erred when it struck the affidavit of an expert witness designated by the defendant.
COA rules man is not guilty by reason of insanity
Examining the issue of whether a defendant’s mental disease brought on by years of drinking could support an insanity defense, the Indiana Court of Appeals concluded the man’s psychosis was a mental defect under Indiana Code and he should have been found not guilty by reason of insanity.
Appellate judges rule on court warrant officer’s claim
The Indiana Court of Appeals ruled an Anderson City Court judge didn’t wrongly reassign a police warrant officer from his courtroom because the two didn’t share an employee-employer relationship that would allow for a suit under the Indiana Wage Claim Statute.
Circuit Court upholds ban on pen-pal solicitation by inmates
The First Amendment rights of Indiana inmates aren’t being violated by a ban instituted by the Department of Correction on advertising for pen-pals and receiving materials from resources that allow people to advertise for pen-pals, the 7th Circuit Court of Appeals held Tuesday.
Hail creates firestorm for State Farm
Hailstorm damages more than property, resulting in $14.5 million defamation verdict against the insurer.
Ruling against local planning, zoning officials has statewide implications
Deciding where the planes fly in or out of an airport and how land and buildings are used on airport grounds became the pivotal issue in a recent lawsuit in Marion Superior Court.
Appeals court splits on new sentence modification issue
An inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced, not re-resentenced after a successful appeal.
Judge: Man did not commit attempted child exploitation
The Indiana Court of Appeals split on whether a man committed attempted child exploitation when he tried to take pictures up teenagers’ skirts at a mall using a camera attached to his shoe.
Judges examine estate case involving will, self-proving clause
Deciding on an issue of first impression regarding the proper execution of a person’s will, the state’s second-highest appeals court has determined the Indiana General Assembly doesn’t want validly signed wills and self-proving clauses to be set aside lightly.
Court decides 2nd marijuana-odor case in 2 days
Continuing a line of holdings during the past decade, the Indiana Court of Appeals has clearly stated that the odor of raw marijuana can be enough for police to search someone during a valid traffic stop.