Suit challenges Bible instruction at public school
A mother’s objection to Bible study being taught at her son’s public school has led her to file a lawsuit to stop the religious teaching.
Jennifer Nelson
Articles
Supreme Court to rule on priority rights on liens
The Indiana Supreme Court took a case from the Indiana Court of Appeals involving strict foreclosure in which the lower appellate court adopted the reasoning from a federal case to determine priority rights on liens.
COA: Traffic stop allowed in private parking lot
The Indiana Court of Appeals upheld the denial of man’s motion to suppress, finding Indiana Code doesn’t bar law enforcement from investigating violations in private parking lots even if there isn’t a contractual agreement with the property owner to allow officers to enforce traffic ordinances.
High court divided on faulty workmanship coverage under CGL policy
The high court split on whether an “occurrence” under a commercial general liability policy covers an insured contract for faulty workmanship of its subcontractor.
7th Circuit upholds injunction in adult-business ordinance case
The 7th Circuit Court of Appeals agreed with a Southern District of Indiana judge who granted a preliminary injunction preventing Indianapolis from enforcing the 2002 ordinance that regulates adult-bookstore business hours.
Majority: warrantless car search OK under automobile exception
The Fourth Amendment doesn’t prohibit a warrantless search of an operational car found in a public place if police have probable cause to believe the car contains evidence of a crime, the Indiana Supreme Court ruled Thursday.
Pre-trial ID of attacker allowed at trial
The trial court didn’t err in allowing a victim’s pre-trial identification of his attacker, the Indiana Court of Appeals ruled today in a matter of first impression.
First impression case on mouthpieces as ‘foreign substance’
In a matter of first impression, a portable breath test mouthpiece isn’t a foreign substance that will act to invalidate the results of a blood alcohol content Datamaster chemical breath test, the Indiana Court of Appeals ruled today.
High court orders new murder trial
The Indiana Supreme Court overturned a Fulton County man’s murder sentence because a detective continued with the interview even after the man invoked his right to counsel several times.
Vested employer-provided health-insurance premiums are an asset
The Indiana Supreme Court held that employer-provided health-insurance benefits constitute an asset once they have vested in a party to the marriage, and addressed for the first time the possible methods of valuing these benefits in marriage dissolution. This conclusion led one justice to dissent because it disrupts existing dissolution property division law.
Supreme Court affirms sexually violent predator status
A man’s challenge to the finding that he is a sexually violent predator failed because the invited error doctrine precludes consideration of his claims on appeal, the Indiana Supreme Court ruled today.
Justices remand to see if defendant had accurate interpreting
The Indiana Supreme Court ordered the post-conviction court to hold a new hearing for a Mexican man who claimed he didn’t mean to plead guilty to two felonies and did so only because of faulty interpreting in court.
Majority orders new requirement for pro se defendants with little guidance
Three Indiana Supreme Court justices created a new requirement as an exercise of supervisory powers when it comes to informing future defendants about the dangers of proceeding pro se, leaving two justices to dissent because the new requirement provides no guidance as to what trial courts must do or say.
Indiana co-authors amicus brief in Prop 8 case
Indiana is one of four states that have written an amicus brief asking the 9th Circuit Court of Appeals to overturn a California judge’s ruling that would lift the ban on same-sex marriages.
Supreme Court takes case involving sentencing discrepancy
The Indiana Supreme Court granted transfer to a case in which a defendant challenged his sentence following his guilty plea to Class B felony burglary and admitting to being a habitual offender.
Tax court applicant withdraws name from consideration
Indiana Tax Court applicant Richard Hofmann of Noblesville has removed his name from consideration for the upcoming vacancy on the court.
Court reaffirms 3-step test for in camera review
The Indiana Court of Appeals doesn’t believe that its previous ruling regarding the in camera review of an organization’s documents relating to alleged molestation victims sends the message that it’s “open season” on the records of victim services providers.
Appellate court vacates murder, dealing convictions
The Indiana Court of Appeals vacated convictions of felony murder and dealing in a controlled substance because the state didn’t prove the man was involved in the dealing of ecstasy.
Mental-health facility report not same as charging instrument
The due process protections applicable to a charging instrument in a criminal case aren’t applicable to a report filed after someone is detained in a mental-health facility, the Indiana Court of Appeals ruled.
Lawyers can’t appeal termination without parent’s authorization
The Indiana Supreme Court held Tuesday that although parents have a statutory right to appellate counsel to appeal an order ending their parental rights, a parent’s trial lawyer cannot pursue an appeal without the parent’s authorization.