SEC hits ITT Educational, execs with fraud charges
The Securities and Exchange Commission is suing ITT Educational Services Inc. and its top two executives for fraud, the agency announced Tuesday.
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Journey’s Account Statute does not save woman’s complaint against DOC
A transgendered inmate of the Department of Correction lost before the Court of Appeals in a case seeking personal injury damages from the DOC. The inmate’s instant complaint is time-barred and not saved by the Journey’s Account Statute, the COA held.
Revised sentencing statute not applicable to defendant, COA holds
Because a man committed his crime in 1999, well before the effective date of the new Indiana criminal code, the new sentencing statute does not apply to him, the Indiana Court of Appeals held Tuesday.
Woman’s lien takes priority in property sold at tax sale
The Indiana Court of Appeals determined Tuesday that a woman who obtained a judgment lien in 2006 against a co-owner of a property later sold in a tax sale has priority over other claims for the tax sale surplus and that she made a timely claim for the surplus.
Outlaws member had no legal interest in forfeited properties
A member of the Outlaws Motorcycle Club who claimed an interest in property forfeited to the government after two fellow members pleaded guilty to racketeering charges did not have an interest under the law, the 7th Circuit Court of Appeals affirmed Monday.
PCR court erred in determining woman violated probation
A post-conviction court incorrectly calculated when a woman’s probation ended, so it erred in finding that she violated probation after the probationary period was complete, the Indiana Court of Appeals ruled.
Indiana, not Canada, has jurisdiction over child custody dispute
An Indiana court retains jurisdiction over matters involving a child conceived in Indiana but born in Canada after her mother returned to Canada following the breakup of her one-month marriage to the child’s father, the Indiana Court of Appeals ruled Monday. It affirmed the award by the Indiana court that father have custody of the girl.
Justices decline to review $1.4M verdict against Walgreen
The Indiana Supreme Court will not review a $1.4 million jury award against Walgreen Co. in favor of a woman whose private prescription records were disclosed to a third party by a pharmacist.
Judicial estoppel does not apply to juvenile delinquency proceedings, COA rules
A teen who argued that the rationale for applying judicial estoppel against the state in criminal proceedings should not apply in juvenile delinquency proceedings lost his appeal Monday before the Indiana Court of Appeals.
COA rejects former guardians’ arguments on rehearing
An elderly man’s former temporary guardians were unable to convince the Indiana Court of Appeals that it erred in overturning an award to them of $15,000 after finding potential misconduct by the guardians.
Court seeks comment on reappointment of federal magistrate
The U.S. District Court in the Northern District of Indiana wants to hear from the bar and public as to whether a current magistrate judge should be recommended for reappointment.
Convictions upheld for man who battered girlfriend, relative at family reunion
The Indiana Court of Appeals found that the victim of a battery at a family reunion was related to the perpetrator under Indiana statute, so the defendant’s Level 6 felony battery conviction was affirmed Thursday.
Fort Wayne attorney to be magistrate in Allen Superior Court
Fort Wayne attorney David M. Zent has been named a magistrate judge in the Allen Superior Court Criminal Division. His first day on the bench is expected to be June 1.
Court erred in concluding it lacked jurisdiction over military husband
The Indiana Court of Appeals sent a divorce case back to the trial court Thursday because the trial court erred in concluding that it lacked jurisdiction over the husband on division of property and spousal maintenance issues.
Auto theft conviction of man who did not return rental car upheld
A Porter County man convicted of auto theft argued that his failure to return a rental car was a civil case and misunderstanding with the rental company, but the Court of Appeals upheld his Class D felony conviction.
2nd Circuit: NSA phone record collection is excessive
The bulk collection of Americans' phone records by the government exceeds what Congress has allowed, a federal appeals court said Thursday as it asked Congress to step in and decide how best to protect national security and privacy interests.
New magistrates approved for 7 counties
Seven Indiana counties have been given approval to appoint new magistrate judges to their local courts. Gov. Mike Pence signed House Enrolled Act 1110 on May 5.
Pacquiao’s next fight looms in Vegas court over bum shoulder
Manny Pacquiao went into the richest match in boxing history without telling fans and gamblers he had a bum shoulder. Now he faces a fight in court.
Reporter may need to testify, interview notes remain private
A northern Indiana judge has ruled a newspaper reporter does not have to turn over notes and recordings from an interview she conducted with a man accused of murder and the suspect's mother. But Elkhart Circuit Judge Terry Shewmaker said she does have to be available to testify as a rebuttal witness.
7th Circuit wants rationale for sentence
A defendant was unable to get his revocation of probation overturned, but he is heading back to court for another sentencing after the District judge failed to give reasons for imposing a two-year jail term.