Articles

ITCA does not apply to lawsuit challenging local firearm law

An Evansville man suing the city for enforcing a local law prohibiting firearms in public parks is not effectively bringing a tort claim, as the city argued in its motion on the pleadings. The Court of Appeals affirmed denial of the city’s motion, finding the claim is being brought pursuant to I.C. 35-47-11.1-5, which creates a private right of action for individuals to enforce that statute’s provisions.

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Indianapolis house blast trial delayed for mistrial motion

A northern Indiana judge has put the trial of a man accused of rigging a deadly 2012 Indianapolis house explosion on hold so attorneys can prepare arguments on whether he should grant a mistrial because of a miscalculation of a witness who has yet to testify.

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Shepard to receive ABA John Marshall Award

Former Indiana Chief Justice Randall T. Shepard, the longest-serving chief justice in Indiana, is the recipient of the 2015 John Marshall Award, named after the longest-serving chief justice of the Supreme Court of the United States.

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Justices take fired principal, battery cases

The Indiana Supreme Court will decide whether an elementary school principal fired for having a consensual relationship with a teacher will be allowed to continue his breach of contract lawsuit. That case is one of two the justices accepted on transfer last week.

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Inmate not disadvantaged by appearing at trial by video

The 7th Circuit Court of Appeals affirmed Monday that a New Jersey inmate who filed a retaliation lawsuit against officials at an Indiana prison while he was housed there was not disadvantaged when the judge denied his request to be transported to Indiana for the trial. The judge instead ordered he appear by video conferencing.

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Public defender charged with sex offenses involving inmates

An Indianapolis attorney and ex-judge working as a Shelby County public defender has been charged with three counts of sexual misconduct and one count of official misconduct after he was accused of inappropriately touching inmates at the Shelbyville jail. Authorities said one instance was recorded on video.

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Teen’s arrest did not violate 4th Amendment

The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.

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Record supports capping trustee fees at 1.5 percent

A trial court did not err when it concluded that a community foundation which took over acting as trustee of a charitable trust will have its fees capped at 1.5 percent of the trust’s annual assets, the Indiana Court of Appeals ruled Friday.

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COA orders corrected notification sent to BMV, suggests form update

The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.

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Homeowners association loses appeal of assessments

Finding that an Indianapolis homeowners association did not make any cognizable claims using the Form 133 appeal procedure to appeal assessments on its common area land, the Indiana Tax Court affirmed the dismissal of its petitions to correct error.

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Judge tosses Angie’s List suit, but gives investors chance to refile

A federal judge on Thursday dismissed a class-action fraud lawsuit against Angie's List Inc., concluding plaintiffs failed to show that sharp cuts to membership fees the company rolled out in 2013 demonstrated the inaccuracy of executives' prior claims about its business model and caused the stock price to fall.

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