Articles

‘Quality of care’ at stake in DCS rate-cut case

The federal judge who granted a preliminary injunction in the combined suits against the Department of Child Services for cutting reimbursement rates for adoptive and foster parents and child care agencies found the quality of care for children would suffer if the rate cuts stood.

Read More

High court defines ‘briefly’

In two cases involving a statutory defense to possession or dealing of drugs within 1,000 feet of a school, the Indiana Supreme Court defined the term "briefly" and ruled on whether the defendants were briefly near schools when they committed their crimes.

Read More

COA: State didn’t bring man to trial within 1 year

The Indiana Court of Appeals reversed the denial of a defendant's motion for discharge under Indiana Criminal Rule 4(C), finding the state failed to bring him to trial within one year. In Delmar Caldwell v. State of Indiana, No. 75A03-0908-CR-393, Delmar Caldwell appealed the denial of his motion to discharge after the trial court found […]

Read More

Judge wins national award for drug court

Noble Superior Judge Michael J. Kramer was nationally recognized for his work as judge of the Noble County Drug Court. Judge Kramer was named an Advocate of the Year at the Community Anti-Drug Coalitions of America's National Leadership Forum in Washington, D.C. He received the award at a luncheon Thursday.

Read More

Judges split on endangerment issue

The Indiana Court of Appeals found the state proved a defendant had driven drunk, but the judges disagreed as to whether the state showed the man had endangered others with his driving.

Read More

COA reverses finding IDEM breached agreement

The Indiana Court of Appeals reversed the finding that the Indiana Department of Environmental Management breached a settlement agreement because the trial court didn't have subject matter jurisdiction to determine whether it committed a breach.

Read More

Estate entitled to hearing on cause of fire

A plaintiff is entitled to a hearing on whether vandalism caused the fire at an unoccupied home, the 7th Circuit Court of Appeals ruled today. The District Court never made a finding on the investigation that indicated it may have been burglars who started the fire.

Read More

Suit claims courthouse violates ADA

Four defendants in cases pending before the St. Joseph Superior Court have filed a lawsuit claiming that county's courthouse is inaccessible for people with disabilities

Read More

Jury not properly instructed at man’s trial

The Indiana Court of Appeals reversed a defendant's convictions of battery and resisting law enforcement, and disorderly conduct because the jury wasn't properly instructed about the man's defense of the right to reasonably resist unlawful entry into his home.

Read More

Tax court relocating

The Indiana Tax Court is relocating, but the court won't be moving very far. It's moving two floors down in its current building, the National City Center in Indianapolis.

Read More

Judge dissents in eviction case

There is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction or repossession of a private party, according to an Indiana Court of Appeals judge.

Read More

Majority: No double jeopardy in enhancement

In a matter of first impression, the Indiana Court of Appeals was divided about whether a man's sentence enhancement based on his use of a deadly weapon violated the application of double-jeopardy principals.

Read More

Proof of service is state’s burden

The Indiana Court of Appeals reversed an invasion of privacy conviction today because the state didn't prove the defendant knew he was the subject of an active protective order. The appellate court also concluded that notice of a protective order should come from the state.

Read More

High court upholds life sentence

The Indiana Supreme Court upheld a man's sentence of life in prison, noting the defendant's numerous opportunities to reform, but that he continued to commit crimes.

Read More

COA: Consent prevented constitutional violations

The Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.

Read More

Court commissioner publicly admonished

A Delaware County Commissioner has been publicly admonished for his conduct after receiving a parking ticket in February 2009. Commissioner Brian M. Pierce, who serves as the Delaware Circuit Juvenile Commissioner, admitted to violating Rules 1.2 and 1.3 of the Code of Judicial Conduct. He received a parking ticket for parking in the wrong direction. […]

Read More