Officers say wrong textbook hurt promotions
Three current Indianapolis Metropolitan Police Department officers have filed a suit against the city because they received the wrong textbooks to study for a promotion examination.
Jennifer Nelson
Articles
YouTube video prejudiced jury
The use of a YouTube video during closing arguments as a demonstrative aid by the state warrants a reversal of a robbery
conviction because it may have prejudiced the jury, the Indiana Court of Appeals ruled today.
IDEM could fire employee for ethics violation
The state's Ethics Commission correctly concluded an Indiana Department of Environmental Management employee violated a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned.
City violated constitution in denying refunds
The city of Indianapolis' refusal to grant some homeowners' requests for a partial refund of Barrett Law assessments violated the Equal Protection Clause, the Indiana Court of Appeals ruled today.
Court: Driver didn’t prove discrimination
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a truck driver's former company in the driver's suit against it for discrimination, finding he failed to present a genuine issue of material fact in his Americans with Disabilities Act claims.
Testimony showed intent in identity deception
During a trial for identity deception, a court correctly admitted evidence under Indiana Evidence Rule 404(b) of the defendant's prior interaction with the victim of his identity theft and previous instances of using the victim's information, the Indiana Court of Appeals concluded today.
COA: Dog sniff requires reasonable suspicion
Analyzing the issue for the first time, the Indiana Court of Appeals today determined reasonable suspicion is needed to conduct a drug-detecting dog sniff of a private residence. Even though the state didn't argue the police had reasonable suspicion, it established the officers relied on the warrant executed after the sniff in good faith.
Court split in public defender ‘firm’ issue
In a disciplinary action released Wednesday by the Indiana Supreme Court, the justices disagreed as to whether two public defenders who worked part time in the same public defender office of Putnam County were "associated in a firm."
COA: Obama, McCain eligible to be president
More than a year after the 2008 presidential election, the Indiana Court of Appeals ruled that Sens. John McCain and Barack Obama were eligible to run for the office.
Attorneys challenge state’s med-mal cap
Two central Indiana attorneys have filed a challenge to Indiana's Medical Malpractice Cap, arguing the cap violates the Indiana Constitution. The challenge follows a jury verdict in which a widower won $8.5 million following his wife's death.
Court clarifies continuing objection procedure
If a trial court grants a continuing objection, counsel doesn't have to object each time the class of evidence is subsequently offered, but if the trial court doesn't specifically grant the right to a continuing objection, counsel must object to the evidence as it is offered in order to preserve the issue on appeal, the Indiana Court of Appeals ruled today.
COA: Bank didn’t breach duties as trustee
Although tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the bank acted in good faith.
Legal malpractice case gets transfer
The Indiana Supreme Court announced today an addition to its June 16 transfers.
Writers lose appeal against newspaper
Two former editorial writers at Indiana’s largest newspaper failed to prove they were the victims of religious discrimination, the 7th Circuit Court of Appeals ruled today.
Magistrate advises denial of sheriff’s motions
A magistrate judge has recommended that the Marion County Sheriff's motions to dismiss a complaint against him be denied. A suit was filed following the death of an inmate who didn't receive his needed medicine
COA: Annexation should have been granted
The Indiana Court of Appeals found that a Circuit Court incorrectly ruled that Muncie failed to meet its statutory burden when trying to annex portions of two residential neighborhoods. The appellate court reversed the finding Muncie's ordinances annexing the land were invalid and the finding the landowners met their statutory burden to oppose the annexation.
Court upholds preliminary injunction
Hoosier Energy Rural Electric Cooperative has until the end of the year to find a replacement holder for its credit-default swap or an insurance company will be able to collect on the security.
Purse search violated Indiana Constitution
A majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way it appears it could be holding a gun.
Transfer granted to out-of-state warrant case
The Indiana Supreme Court granted transfer Thursday in a case involving an arrest in Indiana with an invalid Alabama warrant.
Supreme Court reverses rape conviction
The Indiana Supreme Court overturned a man's rape conviction because evidence of his 10-year-old conviction of attempted rape of another woman shouldn't have been admitted at trial.