Wife to receive more in divorce settlement
A wife will get around $116,000 more in a divorce settlement after the Indiana Court of Appeals found the trial court erred in applying the coverture fraction formula to the husband’s retirement accounts.
neglect
Articles
Opinions March 11, 2016
Indiana Court of Appeals
Indiana High School Athletic Association, Inc., and Hammond Gavit High School v. Nasir Cade, et al.
45A03-1503-PL-84
Civil plenary. Reverses preliminary injunction granted in favor of the high schools and players. Remands for dismissal of claims brought by students who would have been banned from participating in the IHSAA boys’ basketball state tournament because their claims are now moot. COA says trial court erred by concluding the schools demonstrated a likelihood of success on the merits and remands to trial court.
Lawmakers punt Marion County judge-selection bill to next year
Indiana lawmakers were unable to come to an agreement on how to select Marion County Superior Court judges by the end of the legislative session on Thursday night and punted the decision until next year.
COA overturns trust validity case
A redacted copy of a living trust did not stop a woman from challenging and winning her charge that a trial court improperly dismissed her complaint contesting validity of the trust.
Pharmacist discretion bill heads to governor’s desk
A bill to allow pharmacists to serve as gatekeepers for cold medicines that contain the common methamphetamine ingredient pseudoephedrine is on its way to the Gov. Mike Pence for consideration.
Woman’s self-improvement efforts not enough to change sentence
The Indiana Court of Appeals upheld a woman’s 36-month sentence for theft after it found the self-improvements she made were not enough to justify a lesser sentence.
Bad publicity not enough to justify preliminary injunction
The Indiana Court of Appeals denied a doctor’s motion for preliminary injunction after it found he did not present enough evidence to justify it because he did not let the disciplinary process at his hospital play out.
Denial of jury instruction was correct, COA rules
The Indiana Court of Appeals said a trial court was right in denying a man’s jury instruction that would have applied mens rea to every element of aggravated battery, saying the severity of an injury is not an element of prohibited conduct, but a result of it.
Opinions March 10, 2016
Indiana Court of Appeals
Tricia A. Davis Williams v. State of Indiana
29A02-1506-CR-528
Criminal. Affirms Tricia A. Davis Williams’ sentencing order after she pleaded guilty to one count of Class D felony theft. Her placement in the Department of Correction is not inappropriate.
Failing to deliver car titles brings lawsuits from attorney general
Four out-of-business auto dealerships and their owners are the target of lawsuits filed by the Indiana attorney general for violating the state’s Deceptive Consumer Sales Act.
Lawmakers pass police video bill
Indiana law enforcement agencies will get the right to withhold all body and dash cam video recordings from the public under a bill that's now headed to the governor's desk.
Not guilty pleas entered for Gary man in 5 women’s slayings
A magistrate has entered not guilty pleas to five new murder charges filed against an Indiana man who has confessed to killing seven women.
Jury selection scheduled in killing of Gary police officer
Jury selection has been scheduled to begin in January in the trial of a man accused of killing of a Gary police officer.
ADEA does not apply to company who fired 61-year-old employee
The 7th Circuit Court of Appeals affirmed summary judgment for New Holland Logansport in a wrongful termination suit after it found the company did not meet the definition of employer under the Age Discrimination in Employment Act.
7th Circuit: Plea agreement not breached by government
The 7th Circuit Court of Appeals said the government did not breach its plea agreement with a defendant by introducing more victims than were mentioned in the agreement and therefore dismissed his appeal.
Hicks to be next firm-wide managing partner at Taft
Indianapolis partner Robert J. Hicks will be the next firm-wide managing partner at Taft Stettinius & Hollister LLP, the firm announced Tuesday.
Man has to pay back money despite court errors
The Indiana Court of Appeals ruled a man must pay back $19,486 he stole from another man despite court errors and the fact that the 10-year statute of limitations had expired.
Senator: Jordan withdraws name for Supreme Court
A federal appeals court judge who could have become the U.S. Supreme Court's first Cuban-American justice has withdrawn his name from consideration, a Democratic senator said Wednesday.
Clinton emails: GOP sues, senators press attorney general
Republican senators pressed for more information Wednesday about an FBI investigation into the potential mishandling of sensitive information that passed through former Secretary of State Hillary Clinton's private email server, and their party sued for copies of the messages.
COA denies expungement after man admitted to committing crime
The fact that a man admitted to committing a crime was enough to deny expungement of his records, the Indiana Court of Appeals said, despite the fact he was not convicted of one during his expungement time period.