Articles

Trial court didn’t err in denying mistrial

A trial court didn't abuse its discretion in denying a mistrial after learning a juror asked the state's firearms expert a question outside the courtroom during a recess in the trial, the Indiana Court of Appeals ruled.

Read More

Supreme Court grants 2 transfers

The Indiana Supreme Court granted transfer to two cases today, including a highly litigated case regarding negligence claims and the construction and renovation of an expanded library location in downtown Indianapolis. In The Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C., and Thornton Tomasetti Engineers, No. 06A05-0804-CV-239, the Indiana Court of Appeals affirmed summary […]

Read More

Court reprimands attorneys for trade-name use

Three attorneys who practiced separately but advertised as an LLC were publicly reprimand by the Indiana Supreme Court for violating several Indiana Professional Conduct Rules by not letting clients know they didn't practice law as a firm.

Read More

COA splits, reverses probation revocation

The Indiana Court of Appeals was split today in its decision to reverse the revocation of a defendant's probation. The judges didn't agree that the probation revocation hearing comported with due process.

Read More

Insurer needs notice of claim to defend it

An insurer can't defend a claim of which it has no knowledge and its duty to defend doesn't begin until it receives basic notice information to allow it to defend a claim, ruled the Indiana Supreme Court.

Read More

7th Circuit affirms possible erroneous sentence

Because a defendant’s attorney affirmatively waived any challenge to an Armed Career Criminal Act enhancement – despite the 7th Circuit Court of Appeals advisement that the enhancement may have been an error due to a recent Circuit ruling – the federal Circuit Court had no choice but to affirm the District Court.

Read More

DCS sued for cuts to adoption, foster care rates

Add foster and adoptive parents to the list of people unhappy with the Indiana Department of Child Services for making rate cuts in 2010. Some of those parents filed a class action suit Tuesday in federal court against DCS director James W. Payne in hopes of preventing the cuts. The foster and adoptive parents are unhappy about a 10 percent cut in all current foster care rates and adoption payments beginning January 2010. The parents received a letter from DCS…

Read More

Court split on if lab tech must testify

The state's highest court was split in its ruling on whether the failure of a lab technician who processed DNA evidence to testify at a man's trial violated his Sixth Amendment rights.

Read More

Justices rule in favor of cup manufacturers

The manufacturer defendants in a suit claiming defects in their measuring cup caused the death of a 9-year-old boy are entitled to summary judgment, the Indiana Supreme Court affirmed today.

Read More

Tax Court sidesteps first-impression issue

Although the Indiana Tax Court had the opportunity to address an issue of first impression, it decided to save its analysis of the issue for another day because the case could be resolved on other grounds.

Read More

Court: Don’t assume undue influence by child

The Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent.

Read More

Appellate court rules statute not unconstitutional

The presumption found in Indiana Code Section 9-30-10-16, which governs driving while privileges are suspended, isn't unconstitutional because it doesn't shift the burden of proof from the state, the Indiana Court of Appeals ruled today.

Read More

Supreme Court amends more rules

The Indiana Supreme Court has amended various rules of court, including admission and disciplinary, alternative dispute resolution, and appellate procedure rules.

Read More

First impression for habitual offender statute

In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant's prior conviction for conspiracy to deal in cocaine qualified as a conviction for dealing in cocaine under the state's habitual offender statute.

Read More