Justices reinstate conviction divided COA reversed
The Indiana Supreme Court on Thursday affirmed a man’s misdemeanor failure to identify conviction that had been reversed by a divided panel of the Court of Appeals.
Dave Stafford
Articles
Reversal: Kroger must face claim for filling script in wrongful death case
Kroger must face a claim that its potential negligence in filling a prescription contributed to the death of a woman after she sought treatment for acute bronchitis, the Indiana Court of Appeals ruled Thursday in a reversal.
Split COA tosses robbery convictions pegged to cellphone data
A divided Indiana Court of Appeals ruled Thursday that cellphone users have a reasonable expectation to the privacy of their location information that’s tracked and collected by phone service providers. The majority’s holding reversed armed robbery convictions of an Ohio man found guilty of holding up two Dearborn County liquor stores.
State won’t appeal order blocking abortion law
A federal judge’s order blocking a divisive and restrictive abortion law signed this year by Gov. Mike Pence will not be appealed, Indiana Lawyer has learned. The decision not to appeal at this time effectively punts a decision on a possible future appeal to new state office-holders to be elected in November.
Task force recommends expungement filings go online
A panel advising the Indiana Supreme Court on which trial court records should go online has recommended that petitions seeking to expunge criminal records eventually be posted on the state court’s website for public case information.
7th Circuit denies rehearing in Conour creditor suit
The long road for some victims to recover any of the settlement money former attorney William Conour stole from them may be closer to an end. The 7th Circuit Court of Appeals denied requests to reconsider the court’s decision putting Conour’s victims before a creditor who sued over a defaulted line of credit.
Judge keeps sex offender’s voting suit alive
A registered sex offender’s lawsuit against the Indiana Secretary of State and other parties will proceed, a federal judge ruled Thursday, denying the defendants’ motion to dismiss.
Elkhart County judgment exceeds med-mal cap
A northern Indiana judgment in favor of a man ruled to have suffered a catastrophic medical malpractice injury that left him paralyzed is the latest case challenging the state’s cap on malpractice damages.
7th Circuit sets arguments in Exodus vs. Pence Syrian refugee case
Indiana Gov. Mike Pence’s appeal of a ruling blocking his bid to suspend resettlement of Syrian war refugees in the state will be heard by the 7th Circuit Court of Appeals less than two months before voters decide if he will be the nation’s next vice president.
Man loses appeal over search that led to cocaine charges
A man on trial for Class A felony counts of dealing cocaine and conspiracy to deal cocaine lost his appeal Tuesday seeking to suppress evidence found in a search of his car.
Justices rule State Farm UIM policy ambiguous
A State Farm auto insurance policy’s language regarding uninsured motorist coverage is ambiguous, the Indiana Supreme Court ruled Tuesday, affirming a Lake Superior trial court’s denial of the insurer’s motion for summary judgment in a personal injury case.
Caseworker vs. DCS
Despite a caseworker’s lawsuit against the Indiana Department of Child Services, her employer says she’s right: There aren’t enough caseworkers to handle the exploding growth in cases of Indiana children and families in crisis. But that’s where the agreement ends.
Indiana commercial courts open for business
No ribbon-cuttings heralded the opening of Indiana’s six commercial courts around the state June 1, but lawyers with complex business disputes have found their way to the forums the Supreme Court established as a pilot project.
Ties to Florida firm burn Indiana lawyers
Small-town lawyer Justin Wall argues in his discipline case that he’s fighting not just for his career, but for the livelihoods of his Huntington co-workers and the needs of his community after he tried to drum up business with a regretful decision to answer a Craigslist ad four years ago.
Documentary marking federal court bicentennial in Indiana focuses on 3 cases
The U.S. District Court for the Southern District of Indiana is preserving stories about three notable cases for an hour-long documentary on the federal courts in Indiana. The film’s release will coincide with the institution’s bicentennial next year.
Lake Michigan property line dispute arguments set
A dispute over whether the public has a right to walk the beach along Lake Michigan or private property extends to the water’s edge will be heard by the Indiana Court of Appeals Sept. 5.
Man’s resisting conviction after domestic violence call reversed
Police responding to a domestic violence call weren’t legally exercising their duties when they entered the alleged perpetrator’s house without his consent, used a Taser on him and charged him with resisting law enforcement, the Indiana Court of Appeals ruled Monday.
Farmers win reversal in drainage appeal against town
Montgomery County farmers who claimed work done by a town to improve its stormwater drainage ruined their acreage won reversal Monday of a trial court ruling against them.
COA admonishes prosecutor’s misconduct, doesn’t reverse conviction
A prosecutor’s suggestion to the jury during an attempted rape trial that a defense attorney influenced a witness was misconduct, but not sufficient to warrant reversal of the defendant’s conviction, the Indiana Court of Appeals ruled Friday. But the court also called out the prosecutor and warned him.
Reversal: HHGregg prevails in appeal over managers’ bonuses
HHGregg senior managers are not entitled to share in $40 million in life insurance proceeds from the 2012 death of executive chairman of the board Jerry Throgmartin, the Indiana Court of Appeals ruled Friday, reversing a trial court ruling in the managers’ favor.