Marion Superior judicial commissioners to get raises
Commissioners in Marion Superior courts will take a step toward pay equity with magistrates under a proposal approved Friday by the courts’ executive committee.
Courts
Articles
Tax Court lets owners’ appeal go forward in alleged ‘puppy mill’ case
The former owners of an alleged puppy mill in Harrison County may pursue their claim that because the state overreached in using jeopardy tax warrants to seize their animals and property, they are entitled to a refund of the value of the taken property.
State can’t keep interest earned on unclaimed property
The 7th Circuit Court of Appeals agreed Thursday with an Indiana woman acting as guardian for a relative that the state can’t retain the interest earned on unclaimed property once the owner files a valid claim to the property. Katherine Cerajeski argued that action by the state is a taking that violates the takings clause in the Constitution because the owner is paid nothing for his lost interest.
7th Circuit splits over Marion County Small Claims debt collection suit
Are Marion County Township courts “judicial districts” under the Fair Debt Collection Practices Act, thus allowing a man to sue a debt collector for bringing an action in an inconvenient township court? Depends on who you ask on the 7th Circuit Court of Appeals, as the majority ruled in favor of the debt collector Thursday.
Appeals panel rules former same-sex partner has standing to seek visitation
A former same-sex domestic partner of a woman who gave birth to a child has standing to seek visitation, the Indiana Court of Appeals ruled Thursday, reversing a trial court in an opinion begging lawmakers to speak to the rights of same-sex couples in parenting disputes.
Justices clarify sentencing order on remand
The Indiana Supreme Court granted a man’s petition for rehearing regarding his sentencing order, but again rejected his claim that concurrent sentences are required.
Man arrested for public intox at gas station has conviction reversed
Based on the language of the recently amended statute defining public intoxication, the Indiana Court of Appeals reversed a man’s conviction due to lack of evidence that he endangered his life or the life of someone else.
COA decides not to take video recording issue on interlocutory appeal
The Indiana Court of Appeals Thursday decided that it was improper for it to accept a man’s appeal of his motion seeking to exclude video recordings of video files found on his phone. The judges accordingly dismissed David Wise’s appeal.
Woman’s convictions did not subject her to double jeopardy
A woman who attempted to shoplift from an Indianapolis K-Mart was not subject to double jeopardy when she was convicted of resisting law enforcement and disorderly conduct. She argued the court could have based the convictions on identical facts.
School corporation sued by attacked students wins on appeal
A student who filed a lawsuit against his school corporation after he was assaulted by a fellow student while a teacher was in the hallway lost his negligence case on appeal Thursday. The Indiana Court of Appeals affirmed summary judgment in favor of the school.
COA reverses drug conviction due to lack of intent
The state did not have sufficient evidence to convict a man of possession of cocaine under the intent prong of constructive possession, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed the defendant’s drug conviction.
Judges find no prosecutorial misconduct at molestation trial
The Indiana Court of Appeals affirmed a man’s multiple convictions for molesting three children, rejecting the defendant’s claims that the state committed prosecutorial misconduct when it commented during closing arguments on the truthfulness of his testimony.
Car ad not deceptive, but salesperson’s statements keep fraud claim alive
Car dealers, like many businesses, often “puff up” their advertisements to make their cars more attractive to potential buyers, and this puffery can’t be the basis of deception or fraud claims, the Indiana Supreme Court ruled Tuesday. But a woman’s fraud claim against an Indianapolis car dealer will continue.
District Court program to look at Cypriot Mosaics case
This year’s Court History and Continuing Legal Education Symposium in the U.S. District Court, Southern District of Indiana will focus on one of the “most publicized and fascinating cases to come before the court in recent memory,” according to District Court.
Insurance companies fail to show they were harmed by untimely notice
The 7th Circuit Court of Appeals ruled a District Court judge from Evansville should not have excused two insurance companies from covering a $13.5 million award solely because the companies were notified of the award after the trial.
Brother must prove why depositions should remain confidential
A Porter County court erred in merging the issue of confidentiality for purposes of discovery with the issue of restricting public access to materials filed in court, the Indiana Court of Appeals ruled Tuesday. It ordered a hearing at which a man involved in a lawsuit with his brother must prove why portions of his deposition should be restricted from public access under Administrative Rule 9.
Parental rights terminations upheld in substitute magistrate cases
In a pair of cases before the Indiana Court of Appeals Tuesday, parents argued that their due process rights were violated when a different magistrate reported findings and conclusions to the judge than the magistrate who heard the cases. The magistrate initially on the cases resigned before making reports to the juvenile court.
Judges uphold penalties against man for falsifying unemployment benefit documents
There is sufficient evidence to support the decision that a man must pay back unemployment benefits he used while working and that the man falsified information in order to receive those benefits, the Indiana Court of Appeals held.
Man’s defense of necessity argument fails on appeal
The Indiana Court of Appeals held Tuesday that a reasonable jury could find that a man’s actions in trying to prevent his girlfriend from using cocaine were disproportionate to the harm avoided if she had used the drug, thus putting an end to his defense of necessity claim. The judges upheld Gerald Clemons’ possession of cocaine conviction.
COA: Petitioning court for placement not the same as applying directly
The Indiana Court of Appeals clarified for a defendant its previous conclusion that he never applied for acceptance into a county post-conviction forensic diversion program and affirmed that his petition for judicial review was not proper.