Neighbor awarded summary judgment on nuisance claim entitled to attorney fees, COA rules
The Court of Appeals of Indiana has ordered a trial court to award attorney fees to a woman who successfully fought her neighbor’s nuisance claim.
Alexa Shrake
Articles
COA upholds admission of gun found on juvenile
A trial court did not err in admitting evidence seized as a result of a stop and pat-down of a juvenile, the Court of Appeals of Indiana has affirmed.
7th Circuit certifies question of what constitutes ‘arson’ to IN Supreme Court, stays appeal challenging enhanced sentence for felon-in-possession conviction
The 7th Circuit Court of Appeals is asking the Indiana Supreme Court to provide guidance on what constitutes “arson” under state law.
7th Circuit affirms sentence enhancement based on 3 prior IN burglaries
A district court properly imposed an enhanced sentence on a man convicted of being a felon in possession of a firearm because his three prior burglary convictions in Indiana qualified him for the enhancement, the 7th Circuit Court of Appeals ruled Thursday.
Despite pleading to charge that was beyond statute of limitations, defendant finds no relief at 7th Circuit
A man who unknowingly pleaded guilty to a charge for which the statute of limitations had run has failed to secure habeas relief at the 7th Circuit Court of Appeals after also failing to secure post-conviction relief in the state courts.
Dealing resulting in death conviction upheld after COA upholds admission of texts from victim’s phone
The Court of Appeals of Indiana has affirmed a man’s conviction for dealing resulting in death, finding the trial court didn’t abuse its discretion in admitting text messages from the victim’s phone as evidence.
Hospital employee loses appeal of summary judgment for ex-employer over denied COVID mask accommodations
A hospital director who claimed she couldn’t wear a mask to work during COVID due to her anxiety failed to convince the 7th Circuit Court of Appeals that her discrimination and retaliation claims against her former employer should be revived.
COA declines to address fundamental error claims because woman explicitly said she had no objection to evidentiary admissions
In an opinion covering less than two pages, the Court of Appeals of Indiana summarily affirmed a woman’s drug-related convictions, finding she could not challenge the admission of evidence because she explicitly stated at trial that she did not object.
‘Special condition’ prohibiting mental health patient from consuming alcohol, drugs during outpatient treatment not supported by evidence, COA rules in partial reversal
Agreeing to consider a mental health commitment case despite the patient’s release, a split Court of Appeals of Indiana has reversed the imposition of a special condition prohibiting the patient from consuming alcohol or drugs during his outpatient treatment.
Officers violated federal, state constitutions in warrantless entry, searches, COA rules in reversal
The Court of Appeals of Indiana has reversed the denial of a defendant’s motion to suppress evidence related to his meth charge, finding the warrantless entry of his home tainted the subsequent searches and discovery of evidence.
In new filing, state says request to keep injunction against abortion ban in place is ‘improper in the extreme’
The Office of the Attorney General has filed its response to a petition for rehearing in the case against Indiana’s near-total abortion ban, urging the state’s high court to reject a request to keep an injunction against the ban in place, at least temporarily.
The path to citizenship: Changes to exam may create more hurdles, advocates say
The process of becoming a naturalized United States citizen can be a lengthy one, with applications to submit, interviews to complete, fees to pay and the citizenship test. The test consists of three main parts that may soon see some changes.
Web Exclusive: Meet the judges: Wells Circuit Judge Kenton Kiracofe
The path to the law wasn’t always a clear one for Wells Circuit Judge Kenton Kiracofe.
Notre Dame Law Exoneration Justice Clinic expanding: Clinic creating opportunities for national, international students
The Exoneration Justice Clinic at Notre Dame Law School has been up and running for three years and has grown to the point of opening its doors to students from outside the Hoosier State — and even outside the country.
ACLU of Indiana files petition for rehearing after IN Supreme Court lifts injunction against near-total abortion ban
Just one day before Indiana’s near-total abortion ban was supposed to take effect for the second time, the ACLU of Indiana filed a petition for rehearing asking the Indiana Supreme Court to allow a preliminary injunction to remain in effect.
IN Supreme Court amends OJA administrative rules
The Indiana Supreme Court has amended rules to the Indiana Office of Judicial Administration, with the amendments removing certain sections and updating others of OJA’s Rule 20.
Gender identity, sexual preference not established rights to privacy in criminal/child welfare cases, 7th Circuit affirms
A district court ruled correctly in granting summary judgment and denying a transgender man and his significant other’s claims that they had their rights to privacy violated, the 7th Circuit Court of Appeals affirmed.
COA affirms order for patients to remove non-evidentiary allegations from evidentiary submissions in med-mal case
Non-evidentiary allegations were properly struck from evidentiary submissions in a medical malpractice case, the Court of Appeals of Indiana has affirmed.
Alabama, Ohio attorneys combine, open Indy office
Personal injury attorneys based in Alabama and Ohio have partnered to launch a firm with new locations across the country, including in Indianapolis.
Butler soccer players sue school, former athletic trainer for sexual assault
Three Butler University soccer players have filed suit against the school and its agents, alleging sexual abuse at the hands of a former athletic trainer.