The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.
Finding that an Indianapolis homeowners association did not make any cognizable claims using the Form 133 appeal procedure to appeal assessments on its common area land, the Indiana Tax Court affirmed the dismissal of its petitions to correct error.
A federal judge on Thursday dismissed a class-action fraud lawsuit against Angie's List Inc., concluding plaintiffs failed to show that sharp cuts to membership fees the company rolled out in 2013 demonstrated the inaccuracy of executives' prior claims about its business model and caused the stock price to fall.
Indiana Court of Appeals
Ryan M. Burton v. State of Indiana (mem. dec.)
33A01-1501-PC-5
Post conviction. Affirms denial of petition for post-conviction relief.
Despina N. Manologlou v. State of Indiana (mem. dec.)
58A01-1410-CR-469
Criminal. Affirms 15-year sentence for Class B felony conspiracy to commit child molesting.
Adrienne Tyler v. State of Indiana (mem. dec.)
49A02-1411-CR-807
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.
Indiana Court of Appeals
I-465, LLC v. Metropolitan Board of Zoning Appeals Division II of Marion County, Indiana, Jeffrey R. Baumgarth and The Myers Y. Cooper Company
49A05-1409-PL-403
Civil plenary. Affirms decision by the Marion County Metropolitan Board of Zoning Appeals approving a request for a property-use variance by Jeffrey R. Baumgarth and Myers Y. Cooper Co. The BZA’s decision to grant the variance was based upon its determination that Myers Cooper had established the five elements required to justify a variance, and its decision was supported by adequate findings, which in turn were supported by the evidence, and therefore not clearly erroneous.
The Indiana Court of Appeals upheld the decision to grant a variance to a company seeking to build an upscale dog and cat boarding and day-care facility on the northwest side of Indianapolis. A hotel located next to the property objected, fearing noise from the animals would deter business.
A Department of Correction inmate who sued several government employees after he was injured when he fell out of a pickup truck lost his appeal before the Indiana Court of Appeals Thursday.
The Supreme Court of the United States ruled Thursday for an Arizona church in a dispute over a town's sign law in a decision that three justices said could threaten municipal sign regulations across the country.
A first-of-its-kind legal clinic in Indiana will provide free representation beginning July 1 to veterans who wish to appeal a denial of disability benefits or seek other services to receive VA benefits.
Texas acted legally when it refused to issue a license plate depicting the Confederate battle flag, the Supreme Court of the United States ruled in a decision that means dozens of states won’t have to open up their specialty-tag programs.
The California labor commissioner’s ruling that an Uber Technologies Inc. driver must be treated as an employee may have repercussions throughout the on-demand economy.
A judge is considering whether to move the trial of a man charged with fatally beating an Indiana University student.
Indiana Court of Appeals
Mariea L. Best v. Russell C. Best (mem. dec.)
06A01-1501-DR-21
Domestic relation. Reverses $118,000 attorney fee award and remands to the dissolution court for the recalculation of the attorney fees to be paid by Mariea Best. Affirms stayed jailed sentence imposed by the court for a finding of contempt against Mariea Best.
In Re the Paternity of N.W., M.A. v. N.W. (mem. dec.)
45A03-1410-JP-376
Juvenile. Affirms order awarding legal custody and primary physical custody of child to father.
John Hernandez v. State of Indiana (mem. dec.)
49A02-1410-CR-714
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Peter F. Bushee v. Sheriff of Johnson County, Indiana (mem. dec.)
41A01-1411-MI-486
Miscellaneous. Affirms denial of petition to be released from the Sex Offender Registry Act’s registration requirement and removed from the state’s sex offender registry.
M.B. v. State of Indiana (mem. dec.)
49A04-1410-JV-485
Juvenile. Affirms true finding of robbery and adjudication of M.B. as a delinquent.
Jonathon Gustafson v. State of Indiana (mem. dec.)
05A02-1410-CR-752
Criminal. Affirms 20-year executed sentence for convictions of three counts of Class B felony burglary.
Richard Dean Martin v. State of Indiana (mem. dec.)
10A01-1409-PC-419
Post conviction. Remands with instructions to revise Martin’s sentence on Count III of Class A felony child molesting to a 30-year term, to be served concurrently. Affirms in all other respects.
Etelvina Abrego v. State of Indiana (mem. dec.)
49A05-1411-CR-511
Criminal. Affirms conviction of Class A misdemeanor battery.
Jesse J. Barger v. State of Indiana (mem. dec.)
88A01-1501-CR-7
Criminal. Affirms denial of motion for modification of sentence.
A federal judge threw the gavel at the city of Gary for ignoring court orders to respond to discovery in a social worker’s wrongful arrest suit against the city, Gary Community School Corp, and two Gary police officers who worked for the schools.
Indiana Supreme Court
Robert Lewis III v. State of Indiana
45S00-1312-LW-512
Life without parole. Affirms Lewis’ convictions of murder, murder in the perpetration of criminal deviate conduct, criminal deviate conduct and resisting law enforcement, but reverses the sentence of life without possibility of parole because the trial court’s sentencing order did not contain a personal conclusion that life without possibility of parole is the appropriate sentence for Lewis. Remands for a revised sentencing order.
The Indiana Supreme Court upheld a Gary man’s convictions related to the death of a woman he met at a bar, but it reversed the sentence of life without possibility of parole because the trial court’s sentencing order lacked a personal statement from the judge that the sentence is the appropriate one for the defendant.
An Indiana man who committed Class A felony child molesting in 1988 will remain on the Indiana Sex Offender Registry, a divided Court of Appeals held Wednesday.
The Indiana Court of Appeals reversed a man’s conviction of conspiracy to commit robbery while armed with a deadly weapon because the state did not present evidence that the defendant and another man conspired ahead of time to rob a Lawrenceburg gas station.
While many corporate legal departments are expanding as matters are worked on internally, some in-house counsel are counter trend, opting to leave their posts to join law firms. Most had worked for a firm for at least a few years, often at the beginning of their careers, before moving to companies.
A U.S. District Court judge in Chicago ruled Tuesday that the federal government's approval of the proposed Illiana Tollway linking northern Illinois and Indiana is invalid.