Supreme Court voids Maryland tax similar to Indiana tax
The Supreme Court of the United States on Monday struck down a Maryland tax that has the effect of double-taxing income residents earned in other states.
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Police immune from lawsuit over arrest of mentally ill woman
The Supreme Court of the United States ruled Monday that police are immune from a lawsuit arising from the arrest and shooting of a mentally ill woman in San Francisco.
Property owners have no duty for tenant’s free-running dog
Although the landlords provided the means to restrain the tenant’s dog, they are not responsible for the injuries a motorcyclist sustained when the pooch dashed into the road and caused an accident.
Justices make it easier to sue over 401(k) plans
The Supreme Court of the United States ruled unanimously Monday in favor of participants in employee retirement plans who object to companies’ investment decisions that eat into retirement savings.
SCOTUS: Convicted felons can sell their guns
A unanimous Supreme Court of the United States ruled Monday that the government can’t prevent a convicted felon who is barred from possessing firearms from trying to sell his guns after they are confiscated by authorities.
6 selected for ICLEO internships
Six law school students have been chosen to participate in the 2015 Carr L. Darden Conference for Legal Education Opportunity internship program.
Court of Appeals interviews to be held June 10
Eight judges and lawyers vying for appointment to the Indiana Court of Appeals will be interviewed June 10 by the Indiana Judicial Nominating Commission. The commission will recommend three finalists to Gov. Mike Pence, who will select the person to succeed Judge Ezra Friedlander, who is retiring at the end of August.
Boston Marathon bomber sentenced to death
A jury sentenced Dzhokhar Tsarnaev to death Friday for the Boston Marathon bombing, sweeping aside pleas that he was just a "kid" who fell under the influence of his fanatical older brother.
Southern District New Albany magistrate takes oath
New Albany attorney Van T. Willis, a senior partner with Kightlinger & Gray LLP, was sworn in Friday as a new part-time magistrate judge in the U.S. District Court for the Southern District of Indiana by Chief Judge Richard L. Young.
Admission of recording is harmless error
A recording of a victim’s conversation with friends should not have been admitted into evidence at trial, but the Indiana Court of Appeals ruled it was a harmless error.
Opinions May 15, 2015 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: R.J.J., T.J., and R.L.J. (Minor Children) and R.A. (Father) v. The Indiana Department of Child Services (mem. dec.)
02A04-1410-JT-513
Juvenile. Affirms termination of parental rights.
Scott Wolf v. State of Indiana (mem. dec.)
82A01-1410-CR-433
Criminal. Affirms convictions of Class A felony counts of dealing methamphetamine and conspiracy to deal methamphetamine.
Christian Ricker v. State of Indiana (mem. dec.)
71A03-1407-CR-266
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class D felony intimidation.
In Re: The Estate of Margaret S. Jones: John A. Jones, Jr. v. Joyce E. Schaefer and Suzanne D. VanGombos, Alexandra Margaret Windle, Sean Frances Windle, Charlene J. Windle (mem. dec.)
29A02-1410-ES-736
Estate. Affirms in part, reverses in part. Affirms trial court finding that John A. Jones was liable for property taxes due and payable in 2013; concludes the court erred in holding Jones liable for repair costs and in ordering an award of attorney fees. Remands with instructions to enter a new order consistent with the opinion.
Terry W. Waugh, Jr. v. State of Indiana (mem. dec.)
71A03-1408-CR-312
Criminal. Affirms convictions of three counts of child molesting, one as a Class A felony and two as Class C felonies, as well as the 66-year prison sentence imposed.
James Miske, Jr. v. State of Indiana (mem. dec.)
79A02-1409-CR-619
Criminal. Affirms convictions of rape, two counts of criminal deviate conduct, all Class A felonies; Class C felony criminal confinement; Class D felony counts of strangulation, intimidation and domestic battery; and Class A misdemeanor charges of battery and resisting law enforcement. Also affirms aggregate 145-year prison sentence.
Opinions May 15, 2015
Indiana Tax Court
Lee and Sally Peters v. Lisa Garoffolo, Boone County Assessor, and the Indiana Board of Tax Review
49T10-1207-TA-42
Tax. Affirms the Indiana Board of Tax Review’s 2010 assessment of a Zionsville office building owned by Lee and Sally Peters. The Indiana Board of Tax Review did no err in upholding the 2010 real property assessment.
Tax Court affirms Zionsville office assessment
The Indiana Tax Court on Thursday affirmed the real estate assessment of an office building on Zionsville’s Main Street in Boone County.
COA: Rapper’s brokered peace treaty irrelevant in murder case
A rapper convicted as an accomplice in the murder of Indianapolis disc jockey Thomas Keys failed on appeal to show his brokering of a peace treaty between rival rap groups was wrongly excluded from evidence in his trial.
Justices acquit two involved in fistfight turned fatal
An Indianapolis teen and another man convicted and sentenced to 15 years in prison for their roles in a planned beatdown that ended with a fatal gunshot will be freed after the Indiana Supreme Court reversed their convictions and ordered them acquitted.
Brownsburg annexation opponents win on appeal
Opponents of the Town of Brownsburg’s planned annexation of 4,461 acres to its north prevailed before the Indiana Court of Appeals Friday. The court ruled the trial judge erred in determining he lacked subject matter jurisdiction to determine whether the residents’ remonstrance petition was valid.
Anderson Speedway attorney argues against track death lawsuit
Anderson Speedway's attorney has asked a judge to grant summary judgment in a lawsuit accusing the track's owners of negligence in a driver's death in a 2011 crash.
Lawmakers eye changes at troubled Bureau of Motor Vehicles
Indiana lawmakers say they're looking for more changes at the state Bureau of Motor Vehicles after an independent audit found numerous troubles and that the agency might have overcharged motorists more than the $60 million previously disclosed.
Divided Supreme Court declines to take med mal case
The Indiana Supreme Court by a vote of 3-2 decided this week to not take the case of a man who sued for medical malpractice those who treated his now-deceased wife. The lower court and Court of Appeals found no existence of a physician-patient relationship between the on-call hospital specialist and the wife, the issue that caused two justices to dissent.
Opinions May 14, 2015 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: D.B.S. (Minor Child), and Q.S. (Father) and D.S. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
02A03-1410-JT-384
Juvenile. Affirms termination of parental rights.
Timothy Lee Hyser v. State of Indiana (mem. dec.)
20A05-1410-CR-487
Criminal. Affirms convictions of one count each of Class A felony and Class C felony child molesting.
In Re the Marriage of: Leann Palmer (Lawrence) v. Jeffrey Palmer (mem. dec.)
48A04-1405-DR-203
Domestic relation. Affirms order denying mother’s petition to modify child custody agreement.