Shoddy documents draws COA ire
After appearing to shrug off the need to authenticate documents, a company claiming to own the appellant’s credit card debt got a lesson in Indiana court rules and precedence.
neglect
Articles
Teenager loses privacy argument with mom
A common argument from teenagers that mom has no right to search their rooms created a case of first impression for the Indiana Court of Appeals. And the appellate court affirmed with the common response that in mom’s house, mom has access.
Change in tax law allows profitable retailer to receive refund
A ruling from the Indiana Tax Court has positioned a retailer who recorded a banner year in sales and growth in 2003 to get a tax refund from the state of Indiana.
Opinions Sept. 10, 2015 ILD
Indiana Court of Appeals
Charles A. Clark v. State of Indiana (mem. dec.)
34A04-1502-CR-86
Criminal. Affirms conviction of Class D felony obstruction of justice.
In the Matter of the Involuntary Term. of the Parent-Child Relationship of I.A., and his Father, A.A.-S, and Mother, T.S. v. Ind. Dept. of Child Services (mem. dec.)
79A02-1501-JT-34
Juvenile. Affirms termination of parental rights.
Opinions Sept. 10, 2015
Indiana Supreme Court
Dennis Boyer and Richard Smith v. Ernest Smith, Suzanne Cassidy, Esq., and In-Plas, Inc.
15S01-1509-CT-526
Civil tort. Affirms trial court ruling that it lacked personal jurisdiction over Cassidy, an attorney licensed in Kentucky. Rules Cassidy’s contacts with Indiana were products of her relationship with the plaintiffs and her client.
Lawsuit: IMPD officers fatally shot unarmed man
The family of an Indianapolis man fatally shot by police sued the city and numerous other defendants Thursday in a civil rights lawsuit claiming he was unarmed, unjustifiably shot in the back, and the victim of a police cover-up.
LGBT rights supporters begin campaign seeking civil rights
The anti-discrimination group Freedom Indiana launched a campaign Wednesday pushing for a new law giving equal rights and protections to lesbian, gay, bisexual and transgender people statewide.
IU Maurer, national law firm to offer unique educational program
From bachelor’s degree to J.D. to a job, Indiana University Maurer School of Law is providing a smooth transition for talented undergraduates interested in finance and the law.
Diocese appeals $403K award to former Fort Wayne teacher
The Roman Catholic Diocese of Fort Wayne-South Bend has appealed a judgment of more than $403,000 to be paid to a former language arts teacher who was fired after seeking several in vitro fertilization treatments.
Ex-lawyer accused of bilking relatives pleads not guilty
A former Madison attorney accused of bilking relatives out of nearly $2 million has pleaded not guilty to those charges.
Indiana Supreme Court affirms Kentucky lawyer not a Hoosier
A Kentucky attorney who never practiced north of the Ohio River got the Indiana Supreme Court to agree she was not a Hoosier.
7th Circuit: Marion County judge elections unconstitutional
The way Marion County judges are elected is unconstitutional, the 7th Circuit Court of Appeals ruled Wednesday, throwing out a system that assured an even split of Democratic and Republican judges and facilitated a pay-to-play party slating system.
Opinions Sept. 9, 2015 ILD
Indiana Court of Appeals
John Lind v. Nancy Lind (mem. dec.)
34A02-1412-DR-827
Domestic relation. Reverses trial court’s Nov. 6, 2014, order modifying the decree of dissolution. Finds the November order added two new obligations – the husband either refinance or assume the mortgage and have his ex-wife’s name removed from the debt – that were impressible.
Bryan Paul Whitlatch v. Priscilla Marie Wolfe (mem. dec.)
71A05-1502-DR-64
Domestic relation. Affirms modification of child support.
Kasey Hutchings v. State of Indiana (mem. dec.)
34A04-1503-CR-133
Criminal. Affirms revocation of probation. Reverses calculation of Hutchins’ credit time and remands for a hearing to determine the time remaining on his sentence.
Robert E. Ellett v. State of Indiana (mem. dec.)
49A02-1410-CR-706
Criminal. Affirms sentencing order that imposes fees, costs and a fine totaling $338.
Xiomara Kyle v. State of Indiana (mem. dec.)
49A02-1501-CR-39
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated with endangerment. Remands with instructions to clarify that the judgment for the conviction of Class A misdemeanor operating a vehicle with a blood alcohol concentration about 0.15 percent was either vacated or never entered.
Opinions Sept. 9, 2015
7th Circuit Court of Appeals
The following opinion was posted after IL deadline Tuesday:
United States of America v. Eugene Clarke
14-3515
Appeal from the U.S. District Court for the Northern District of Indiana, Hammond Division
Judge Rudy Lozano
Criminal. Affirms conviction for seven counts of filing a false claim with the United States in violation of 18 U.S.C. 287. Rules the government did not have to prove Clarke willfully submitted false claims. Finds Clarke’s “patently false and utterly groundless” tax returns provided sufficient evidence that he knew he was filing claims with false information. Concludes the District Court did not abuse its discretion when it refused to give Clarke’s good faith instruction to the jury.
Judge orders resentencing for Indiana teen in sex case
A judge in Niles, Michigan, has ordered resentencing for a 19-year-old from Indiana who had to register as a sex offender in two states because he had consensual sex with a 14-year-old Michigan girl he met online who lied about her age.
Child interviewer’s vouching testimony reverses molest convictions
A man convicted of three counts of Class A felony child molesting must be retried because the trial court erred by admitting testimony from a forensic interviewer who said there was no evidence the alleged victims had been coached.
Tax Court affirms assessments in exclusive addition
Arguments that land assessments in one of Allen County’s most exclusive residential additions should have been about one-third of the final valuation failed to persuade the Indiana Tax Court.
Supreme Court releases annual report
The Indiana Supreme Court has released its annual report covering the fiscal year July 1, 2014-July 1, 2015. The report may be viewed here.
COA resurrects lawsuit against Ford Motor Co.
Although an expert did run additional tests after the discovery deadline, the Indiana Court of Appeals found the wholesale exclusion of his testimony was too severe and is allowing a lawsuit against Ford Motor Co. to continue.
Defendant fails to convince 7th Circuit he did not know his returns were false
Describing the tax returns as “patently false and utterly groundless,” the 7th Circuit Court of Appeals kicked aside a defendant’s argument that he believed the government owed him $900,000.