The 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an
alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s
motion to dismiss because he failed to meet any of the law’s exhaustion requirements.
Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.
The Indiana chief justice said in an order that he would “smack down” judicial overreaching or overspending.
The LaPorte Superior judge suspended for asking a law enforcement officer to destroy potential evidence in her accidental shooting returned to the bench May 11. Judge Jennifer Evans Koethe completed her 60-day suspension without pay that was handed down by the Indiana Supreme Court March 12 and was automatically reinstated. New judge gets 60-day […]
The status as a sexually violent predator for two inmates stands for now, but the Indiana Court of Appeals directed the men
to refile their motions to remove that status pursuant to the recently amended statute dealing with this issue.
Brian Kendrick was convicted and sentenced for the 2008 shooting of Indianapolis bank teller Katherin Shuffield, who was nearly
six months pregnant with twins at the time.
The Indiana Court of Appeals was hesitant to rely on an Indiana Supreme Court case’s definition of “forcibly
resist” because that language doesn’t appear to adequately describe the meaning of the phrase as it has been recently
applied.
The Indiana Court of Appeals judges agreed that a mother may possibly be liable for her daughter’s accident in which
she struck a pedestrian with her car after drinking and talking on her cell phone at the time of the accident. The judges
didn’t completely agree as to why the mother may be liable.
The LaPorte Superior judge suspended for asking a law enforcement officer to destroy potential evidence in her accidental
shooting returned to the bench today.
The 7th Circuit Court of Appeals declined today to overturn precedent on the due process rights of someone rejected from specific
Section 8 housing.
In a case involving a “richly ambiguous” 1903 deed and a mining company’s claims to “all the coals,”
the 7th Circuit Court of Appeals affirmed a District Court’s judgment for defendant landowners.
The Indiana Court of Appeals determined a convicted sex offender may petition to remove his name from the registry, but he
filed his petition in the wrong court.
The Indiana Court of Appeals was faced with two issues of first impression in one opinion – the meaning of Indiana Code
Section 27-9-3-34(d) and whether a party is entitled to a jury trial for disputes concerning claims in liquidation proceedings.
An Indiana Court of Appeals panel disagreed as to whether the failure of a defendant’s counsel to press for the statutory
requirement for a hearing on a sexually violent predator finding was a procedural default that waived the appellate court’s
consideration of the issue.
The Indiana Supreme Court affirmed the use of the same prior conviction to both elevate a defendant’s charge to a felony
and find him a habitual substance offender because of explicit legislative direction on the enhancements.
If two parties in a domestic relations dispute sign a written contract to retain the services of a guardian ad litem, then
the trial court must enforce the terms of the agreement unless it is contrary to public policy, the Indiana Supreme Court
ruled Friday.
The 7th Circuit Court of Appeals reversed the denial of a habeas corpus petition, finding the Indiana Court of Appeals unreasonably
applied federal law when it determined prior statements of identification by witnesses the government suppressed didn’t
create a reasonable probability of a different result at trial.
The Indiana Supreme Court granted transfer Thursday to three cases involving a murder conviction, a request for post-conviction
relief, and the appointment of counsel for a mother involved in a termination proceeding.
The Indiana Court of Appeals was sympathetic to a teen’s request to not be placed in the Department of Correction, but
it noted that all other remedies for his rehabilitation had been exhausted in his home county.
A conviction of a Class D felony that is later reduced to a Class A misdemeanor doesn’t prevent a trial court from
modifying a sentence below the statutory minimum, the Indiana Supreme Court ruled today in a matter of first impression.