Power of attorney, Allen County magistrate bills ready for enrollment
Legislation that deals with power of attorney and that would give Allen Circuit Court a second full-time magistrate have made it through both houses of the Indiana Legislature.
Jennifer Nelson
Articles
Parents cannot each recover under policy’s underinsured motorist provisions
The parents of a teenager killed in a crash during a drag race cannot recover funds in their individual capacities under their automobile insurance underinsured motorist provisions, the Indiana Court of Appeals concluded.
Appellate court overturns sexual battery conviction
The Indiana Court of Appeals has reversed a man’s conviction of Class D felony sexual battery because the defendant’s actions don’t qualify for sexual battery under Indiana statute. It ordered the man be convicted of Class B misdemeanor battery.
Judges rule in favor of California attorney in Simon case
A divided Indiana Court of Appeals has reversed the decision of a Marion Superior judge that denied a California attorney’s motion to dismiss a defamation lawsuit filed by Herbert and Bui Simon for lack of personal jurisdiction. The lawsuit stems from comments the attorney made to an Indianapolis television station regarding lawsuits involving the Simons.
Judges affirm dismissal for lack of subject matter jurisdiction
The Indiana Court of Appeals has upheld the decision by a trial court to dismiss a company’s state law claims against a labor union, finding those claims are preempted by a decision of the National Labor Relations Board.
COA: agency’s claim for Medicaid reimbursement allowed
The Indiana Court of Appeals has found that a trial court erred in concluding that the Family and Social Services Administration’s preferred claim for reimbursement of Medicaid benefits against an estate was not timely filed.
Union sues over right-to-work law
A northern Indiana labor organization has filed a lawsuit against Gov. Mitch Daniels and other state actors over the recent enactment of legislation that made Indiana a “right-to-work” state.
Judges affirm denial of post-conviction relief
The Indiana Court of Appeals declined to find an attorney provided ineffective assistance of trial counsel to a man on trial for the second time because that attorney didn’t defend the case in the same manner as did the attorney on the first trial.
Judges uphold drunk-driving conviction
The Indiana Court of Appeals declined to find that a Marion Superior court abused its discretion when it admitted the results of a chemical breath test.
No fundamental error in jury seeing previously dismissed counts
The Indiana Court of Appeals relied in part on two decades-old cases from the state Supreme Court to find that exposing the jury to dismissed charges did not deprive a defendant of a fundamentally fair trial.
Justices address Batson challenges in 2 appeals
The Indiana Supreme Court ruled on two cases Wednesday that stemmed from Batson challenges, and in doing so, articulated the standard of review of such challenges when a defendant raises a Batson challenge at the trial level, but then brings up a different argument on appeal.
Supreme Court split over reducing man’s sentence
The Indiana Supreme Court was divided 3-2 over whether to reduce the sentence of a man who received the maximum 20 years for having cocaine within 1,000 feet of a school when police stopped his vehicle.
Court of Appeals reverses molestation convictions
The Indiana Court of Appeals has thrown out a man’s convictions of Class A felony child molesting because the trial court erred in admitting improper vouching testimony.
Appellate court reverses grant of post-conviction relief
The Indiana Court of Appeals found that the post-conviction court erred when it concluded that a defendant had not knowingly waived his right to counsel.
COA overturns drug conviction
Because there was no evidence presented as to why a defendant was stopped or that the state’s actions were reasonable, the Indiana Court of Appeals reversed a man’s conviction of misdemeanor possession of marijuana.
COA upholds judgment in favor of employer in wrongful termination suit
The Indiana Court of Appeals affirmed summary judgment in favor of the Indiana Department of Insurance in a lawsuit filed by a former employee claiming wrongful termination.
COA rules on anonymous online commenter case
In a case of first impression, the Indiana Court of Appeals has ordered the trial court apply a modified test based on a New Jersey case to determine whether The Indianapolis Star must identify an online user whose comment is part of a defamation lawsuit.
Judge: facility not exempt from property tax
The Indiana Tax Court has upheld the decision of the Indiana Board of Tax Review that a Tipton County assisted living facility failed to raise a prima facie case that it is exempt from property tax under Indiana Code 6-1.1-10-16.
Nonsupport of dependent enhancement not based on number of children
The Indiana Supreme Court ruled Thursday that under Indiana Code 35-46-1-5(a), the enhancement of nonsupport of a dependent child to a Class C felony because of an arrearage of $15,000 or more is triggered by the dollar amount owed, regardless of how many children the parent has.
7th Circuit affirms sentence for sexual involvement with 12-year-old girl
The 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced within the correct guidelines range.