Judge Fisher’s retirement ceremony Friday
A retirement ceremony for Indiana’s first Tax Court judge will happen Friday at the Indiana Statehouse.
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Judges split on construction manager’s duty to injured worker
An Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally alter contracts” dealing with safety on jobsites.
COA rules in favor of town on breach of contract claim
The Indiana Court of Appeals reversed partial summary judgment to a city that collected a lower monthly bill rate than what was required for wastewater treatment from a town for 15 years and then sued to recover more than $500,000 it believed was owed to it. The city never informed the town the sewage treatment rate increased or that it was embroiled in a lawsuit over the matter.
Justices grant two civil cases, deny 27 appeals
The Indiana Supreme Court has accepted two cases, one involving how public safety officials notify the driving public about icy road conditions and a second case delving into what state law requires when it comes to property tax changing land annexations.
BLE director resigns
The Indiana Supreme Court is searching for someone new to lead the state’s Board of Law Examiners after Linda L. Loepker resigned earlier this week.
Justices: sentence shouldn’t have been upped on appeal
The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.
7th Circuit order changes wording in public-records opinion
In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”
COA divided on dismissal of OWI charges
The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.
Justices split on imprisonment for violating probation
The state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion handed down Wednesday afternoon.
Appellate court to hear arguments in Fishers
The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.
Judge: not all farm expenses are tax deductible
A probate court incorrectly allowed an estate to deduct three farm-related expenses from its inheritance tax return, but affirmed the deduction of the remaining nine in question, the Indiana Tax Court ruled Tuesday.
Appellate court rules traffic stop legal
A police officer had reasonable suspicion to stop the car of a man who parked illegally in a handicapped spot after the car made it on to the street, ruled the Indiana Court of Appeals.
Court reverses because of DCS notification policy
The Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying him of CHINS proceedings that ultimately led to his paternal rights being taken away.
Judges uphold denying visitation to ex-partner
The Indiana Court of Appeals ruled today that lawmakers didn’t intend to allow parents to establish joint custody with third parties under Indiana Code Section 31-17-2-3 by simply filing a joint petition with a trial court. Doing so would allow parents and third parties to circumvent the requirements of the Adoption Act.
Settlement reached on foster care rates
The Indiana Department of Child Services has agreed not to cut subsidies for foster and adoptive parents and other caregivers as part of a class-action settlement in federal court.
Local courts, educational program named after 3 Indiana jurists
The practice of naming a building after someone is a longstanding tradition throughout the country, but one of the most common practices in those renamings is waiting until someone dies to dedicate that place.
SCOTUS takes case on whether vehicular flight from police is a ‘violent felony’
No one disputes fleeing in a vehicle from police is a crime. But whether that crime is considered a “violent” one worthy of an enhanced sentence under a long-standing federal career criminal statute is a legal nuance now an issue before the nation’s highest court, and Indiana is playing a key role.
Justices order Marion traffic judge’s suspension
The Indiana Supreme Court has suspended the Marion County traffic judge who’s admitted he imposed excessive fines and treated people unfairly in his court partly because he wanted to discourage future litigants from exercising their constitutional right to trial.
Fewer filings, newer trends
The number of cases filed in the state courts dropped slightly in 2009 from the previous year, but the nearly two million filings still amounted to the second-highest number ever for Indiana.