Judges affirm division of property
Although a commissioners’ report that divided land among two owners was technically inadequate, the Indiana Court of Appeals upheld the division because one of the owners didn’t show he was prejudiced.
Jennifer Nelson
Articles
Man’s conviction hinges on ‘induce’ definition
The Indiana Court of Appeals had to determine how to interpret the term “induce” related to a man’s contributing to the delinquency of a minor case and upheld his conviction based on the term’s dictionary definition.
Judges uphold involuntary commitment
When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.
COA finds 2007 version of statute is an ex post facto law
The Indiana Court of Appeals has reversed in part a man’s petition for post-conviction relief challenging the finding that he is ineligible to petition for a change of status regarding being a sexually violent predator. The 2007 version of the applicable statute is an unconstitutional ex post facto law as applied to him.
Fired professor wins one, loses another appeal
A tenured English professor at the University of Evansville who was fired after an inappropriate interaction with a fellow professor lost his appeal against his co-worker, but his case against the university will proceed.
Judges rule on breach of contract lawsuit
The City of Jeffersonville breached its contract with a company hired to maintain its sewer system by not adequately providing written notice before ending the contract.
Justices split over how to determine a lawsuit is equitable
The Indiana Supreme Court has expanded on a previous decision to create a multi-pronged inquiry to determine whether a suit is essentially equitable, a move that causes two justices to worry the new test may often foreclose a defendant’s right to a jury on distinct and severable legal claims.
Bomb threat causes evacuation of courthouse
A bomb threat called into the clerk’s office in Hancock County Wednesday morning prompted an evacuation of the building for several hours.
Damage of personal property not unconstitutional taking
The Indiana Court of Appeals has ruled in favor of a sanitary district in a suit against it alleging an unconstitutional taking of homeowners’ personal property after sewage backed up into their homes. The judges relied on a case from Nevada to support their decision.
Judges: State-law claims can proceed
The Indiana Court of Appeals has allowed a woman’s state claim against a sheriff following the suicide of her son in jail to go forward even though she previously had accepted an offer of judgment in District Court on a federal claim.
Judge dismisses challenge to NCAA bylaws
Two former NCAA athletes whose scholarships were revoked following injuries have lost their suit that argued without certain NCAA Division I bylaws, they would have received multi-year athletic scholarships that would have covered the cost of their bachelor’s degrees.
Summary judgment inappropriate in slip-and-fall case
The Indiana Court of Appeals stopped short Wednesday of saying in a negligence suit involving a slip and fall that under any circumstance a home detention officer visiting a detainee at his place of employment is a business visitor.
Judges uphold contempt order against attorney
A Morgan Circuit judge had jurisdiction to order a Unionville attorney to pay $75,000 to the county clerk after finding the attorney in contempt, the Indiana Court of Appeals ruled Tuesday.
Circuit Court upholds settlement; $43 million in attorney fees
The 7th Circuit Court of Appeals has upheld a $180 million settlement and grant of $43.5 million in attorney fees in a dispute between retirement plan participants and their former employer. Some class members objected to the amount of attorney fees, but the 7th Circuit saw no reason to disturb the lower court’s decision.
COA: Grandma didn’t have standing to petition for visitation
The Indiana Court of Appeals has reversed the denial of a mother’s request to set aside grandparent visitation, finding the grandmother filed her petition in the incorrect court.
Prison jumpsuits don’t constitute cruel and unusual punishment
Requiring inmates to wear lightweight jumpsuits instead of shirt and pants is not cruel and unusual punishment, ruled the Indiana Court of Appeals.
Grandmother can’t petition for visitation
A grandmother has lost her right to petition for visitation rights after her son’s parental rights were terminated, so the trial court was correct in dismissing her petition, the Indiana Court of Appeals held Thursday.
Unrepresented litigants don’t forfeit exemptions even if not pleaded
The Indiana Supreme Court has ruled in favor of a couple who were ordered in small claims court to pay $100 a month toward judgments and look for work each week. The couple’s only income is exempt under the general wage and the Social Security Income exemptions.
Man’s detainment by officer violated 4th Amendment
Conservation officers checking to see if a fisherman had a valid license did not have reasonable suspicion to detain the man and ask to see what was inside his bag after verifying his license, the Indiana Court of Appeals held.
Attorney must pay credit card company
An Illinois attorney has lost his appeal in his fight against a credit card company seeking to collect money owed on a Discover card.