Court affirms Steuben County couple’s 2006 real property assessment
A Steuben County couple could not convince the Indiana Tax Court to find that the $292,800 land assessment of their residential property in 2006 was too high.
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Dairy Queen did not discriminate against blind employee
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a firm that operates Dairy Queens in Indianapolis on a former employee’s claim the employer violated the Americans with Disabilities Act.
Teen must pay for electronic monitoring device through community service
The Indiana Court of Appeals upheld the order by a juvenile court that required a teen who cut off her electronic monitoring device to make restitution for the device through community service.
Judges reverse convictions due to Batson challenge error
A Marion County trial court erred when it overruled a man’s Batson challenge contesting the state’s use of a peremptory challenge to strike an African-American juror, the Indiana Court of Appeals held Wednesday. The appeals court overturned Tyrece Robertson’s convictions and ordered a new trial.
COA orders new hearing due to lack of proof notice was mailed
The Indiana Court of Appeals ordered a new evidentiary hearing on the merits of a woman’s application for unemployment benefits after holding that the Department of Workforce Development didn’t prove that it mailed notice of a hearing to the woman.
Man’s expungement petition properly denied, COA rules
Because a Marion County man admitted to violating the terms of his probation twice, he cannot meet the requirements of the expungement statute, the Indiana Court of Appeals ruled Wednesday, so the trial court properly denied his petition to expunge his conviction.
Judge upholds 2009 tax year exemption
The Indiana Tax Court rejected the Hamilton County assessor’s claim that a for-profit limited liability company created to purchase office space for its nonprofit tissue donation company should not qualify for a charitable purposes exemption for the 2009 tax year.
Court must consider man’s motion to prohibit release of criminal record
Because a man filed his motion to prohibit the release of his criminal record before the Indiana Legislature repealed the relevant statute, the Indiana Court of Appeals ordered the Hancock Superior Court to consider the motion.
Court rules in favor of fraternity in lawsuit following assault
The Indiana Court of Appeals has affirmed summary judgment in favor of a fraternity whose members lived in a Terre Haute private residence where a man visiting for a party was assaulted. The victim claimed the fraternity should be liable because members of the college chapter lived at the home and had some chapter items at the residence.
Court affirms woman is ‘gravely disabled’ requiring involuntary commitment
The Indiana Court of Appeals declined to reweigh the evidence used to find a woman needed to be involuntarily committed because she was gravely disabled after claiming she was bitten by poisonous spiders in her home for the fourth time.
Majority finds man entrapped to patronize prostitute
The Indiana Court of Appeals reversed a misdemeanor conviction for patronizing a prostitute, with two judges ruling the state was unable to rebut the man’s entrapment defense by showing he had a history of trying to buy sex.
Supreme Court considering reducing timeframe for filing transcripts in appeals
The Indiana Supreme Court Committee on Rules of Practice and Procedure wants to hear from the legal community and general public on a proposed amendment that would shorten the time court reporters have to file their transcripts.
Judges reverse woman’s resisting law enforcement conviction
Opening a police officer’s car door and refusing to place one’s feet inside the car are not acts constituting forcible resistance, the Indiana Court of Appeals ruled Thursday. The judges reversed a Miami County woman’s conviction of resisting law enforcement.
Prosecutor’s comments on defendant not testifying don’t require reversal
The Indiana Court of Appeals, in addressing a defendant’s claims of prosecutorial misconduct, found that any misconduct committed was a harmless error and does not require criminal deviate conduct and sexual battery convictions to be overturned.
Seizure of man’s clothing from hospital not unconstitutional
A detective’s seizure of a bag of clothing worn by a man who was shot – and later considered a suspect in a murder – and the admission of that clothing into evidence did not violate the man’s federal or state constitutional rights, the Indiana Court of Appeals concluded Thursday.
COA rules Marion County had exclusive jurisdiction over custody of boy
The Indiana Court of Appeals reversed an order out of Montgomery County regarding custody and parenting time of a boy because that court could not properly exercise jurisdiction. Marion County had exclusive jurisdiction over the custody of the boy.
Kentucky ruling prevents Indiana court from addressing claim
Because the principles of full faith and credit required a Clark Circuit court to consider the judgments of a Kentucky court involving the default of promissory notes on property in Kentucky and Indiana, there was no error by the Indiana court in granting a bank the right to foreclose.
COA finds Yellow Book ad contract induced by fraud
A heating and cooling company does not owe Yellow Book for a contract it tried to break after finding the publication didn’t change the terms of the contract as promised, the Indiana Court of Appeals held. But, the heating and cooling company is on the hook for two other contracts it had that it failed to fully pay.
State courts to adopt e-filing in 2015
Indiana courts will switch to electronic filing beginning next year, according to an order issued Thursday by the Indiana Supreme Court.
Judges reverse convictions based on use of witness’s statement
Because the state called a witness solely to impeach her with a pretrial statement, and the jury may have relied on the witness’s testimony to convict the defendant, a majority on the Indiana Court of Appeals reversed burglary and receiving stolen property convictions.