Supreme Court grants 2 transfers
The Indiana Supreme Court granted transfer Thursday to an ineffective assistance of trial counsel case and a case involving the testimony at trial of a previous victim of a defendant.
Jennifer Nelson
Articles
Judges disagree on search validity
On remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because she believes the search of the vehicle was unreasonable in light of the recent ruling.
Judges reverse insurance double credit
A trial court erred when it issued a mother two health insurance credits instead of one, which led to a miscalculation of the child support owed between the parents, the Indiana Court of Appeals ruled today. In D.W. v. L.W., No. 20A04-0907-CV-375, father D.W. paid child support to his ex-wife L.W. for his three minor children, who lived with their mother. The mother paid nearly $57 a week in premiums for health insurance covering the three kids. One of the children…
Woman didn’t prove she should get new trial
Finding a defendant didn't meet her burden of proving her newly discovered evidence claim, the Indiana Court of Appeals today upheld the denial of her petition for post-conviction relief.
Justices draw bright line on children’s fault
Indiana law recognizes a rebuttable presumption that children ages 7 to 14 aren't capable of contributory negligence, the state's Supreme Court has confirmed.
Judges disagree on intent issue in rape trial
A panel of Indiana Court of Appeals judges disagreed as to whether a defendant in a rape case put his intent at issue during trial by attempting to show his victim consented to sex with him.
COA: Switchblade ban not unconstitutional
A portion of Indiana Code that prohibits a person from owning a switchblade isn't unconstitutional as applied to a defendant and doesn't place a material burden upon the core value of the right to defend herself, the Indiana Court of Appeals ruled today. At issue in April Lacy v. State of Indiana, No. 31A04-0810-CR-571, is […]
Judge: Officer is entitled to qualified immunity
A federal judge ruled in favor of a defendant police officer in a suit alleging he conducted a warrantless and unreasonable search of a home to find a gun mentioned in a 911 call.
COA: Man’s sentence could be increased
The Indiana Court of Appeals determined the recent ruling by the state's highest court regarding upward sentence revisions was applicable to a defendant's sentence.
Brazilian delegation to learn about mediation
A delegation of Brazilian magistrates is in Indianapolis to learn more about U.S. judicial mediation and how it may be applied in Brazilian courts.
Officer safety justified opening ajar car door
The opening of an ajar car door by a police officer during a foot chase with a suspected robber didn't violate the man's federal or state constitutional rights, the Indiana Court of Appeals concluded today.
COA: Wife is liable for mortgages
The Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure; however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
Judges disagree in police entry case
An Indiana Court of Appeals judge dissented from his colleagues' decision denying a man's motion to suppress evidence because he didn't believe the police officers were justified in kicking down the man's door and entering his apartment. In his dissent in Luis E. Duran v. State of Indiana, No. 45A03-0811-CR-569, Judge Carr Darden cited the […]
Court denies rehearing in adoption case
The Indiana Supreme Court won't reconsider its reversal of an adoption order granted to a New Jersey man of twin girls born by a surrogate in Indiana.
Court rules on adult-business ordinance
Six years after the city of Indianapolis amended its adult-business ordinances, the 7th Circuit Court of Appeals has ordered the District Court to hold an evidentiary hearing on whether the restricted hours in the new ordinance violate the businesses' constitutional rights.
IU-Indy professor dies
Indiana University School of Law – Indianapolis professor Mary Harter Mitchell died this morning.
Judges uphold contingent fees award
The contingent fee contract a law firm entered into with a city regarding a sewer fee dispute, which ultimately led to the firm collecting nearly 10 times more than the city anticipated, was valid and reasonable, the Indiana Court of Appeals affirmed today.
Nonprofit sues over DCS rate cuts
A nonprofit organization made up of agencies that provide services to abused and neglected kids is suing the Indiana Department of Child Services for cutting rates paid to the agencies next year.
Former Marion Superior judge dies
Former Marion Superior Judge John "Jan" D. Downer died Aug.10 at the age of 73. Judge Downer was appointed a Marion County Municipal judge in 1978 by Gov. Otis Bowen and served as judge for 22 years. He retired from the Marion Superior Court in 2000 and worked as a senior judge until 2004.
COA judge recuses himself from case
The Indiana Court of Appeals granted a rehearing in John Pickett v. State of Indiana, No. 47A01-0807-CR-322, to address whether Judge Cale Bradford should have recused himself because his ex-wife, Kimberly A. Jackson, represented John Pickett on appeal.