Oral findings allowed in attorney fee case
A Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled.
Jennifer Nelson
Articles
Court clarifies responses under T.R. 56(I)
The Indiana Court of Appeals used a decision today to clarify that when a nonmoving party has received an enlargement of time pursuant to Indiana Trial Rule 56(I), any response must be made within the additional time period granted by the trial court.
UPDATE: Court suspends indicted judge
The Indiana Supreme Court released an order this afternoon suspending LaPorte Superior Judge Jennifer Koethe following her indictment on a charge of felony attempted obstruction of justice. Pursuant to Indiana Admission and Discipline Rule 25(V)(A), the high court shall suspend a judge with pay if he or she is indicted on a felony charge. The suspension takes effect at midnight May 11 and will continue until further order of the court. As a result of Judge Koethe’s suspension, the Supreme Court…
COA reverses rape conviction in cold case
The Indiana Court of Appeals today affirmed a man's recent conviction for a murder he committed more than 20 years ago, but it reversed his rape conviction on insufficient evidence. The state failed to file a charge in which it had evidence to support a conviction of a sexual attack against the victim.
City court judge faces disciplinary charges
A city court judge accused in October of theft of court funds is now facing disciplinary charges. The Indiana Commission on Judicial Qualifications has filed charges against non-attorney Bicknell City Court Judge David Andrew Moreland.
Lawyer attacks state representative
The lawyer accused of attacking attorney and state representative Edward DeLaney faces five counts, including attempted murder.
COA reverses denial of prisoner’s petition
The Indiana Court of Appeals reversed the denial of an incarcerated man's petition for child support modification after determining the trial court incorrectly imputed his weekly gross income.
Justices rule on constructive discharge issue
The Indiana Supreme Court decided Tuesday that a claim for constructive retaliatory discharge falls within the state's public policy exemption to the employment-at-will doctrine.
Case requires balancing act by court
In a case requiring the Indiana Court of Appeals to "perform a delicate balance" between making sure a mentally disabled person wasn't improperly denied his constitutional rights and not penalizing police for non-coercive conduct, the appellate court affirmed the denial of a defendant's motion to suppress.
Law professor in PBS show on harassment
An Indiana University School of Law – Indianapolis professor will be featured as an expert on a PBS show Feb. 20 about teen sexual harassment on the job.
Supreme Court grants 3 transfers
The Indiana Supreme Court granted three transfers Tuesday, including a case regarding the state's "non-suspension rule," Indiana Code Section 35-50-2-2(b)(1).
Order restricts guns, alcohol in judge’s home
Special Judge Walter Chapala issued an order this week requiring all firearms be removed from the home of a LaPorte Superior judge who was shot last month in her home.
Arrest upheld after seatbelt stop
The Indiana Court of Appeals reversed a defendant's motion to suppress evidence following a traffic stop for a seatbelt violation, finding the police officer's inquiry regarding an object in the man's pants didn't violate his constitutional rights or the Seatbelt Enforcement Act.
Judges: Vehicle stop by cops reasonable
The 7th Circuit Court of Appeals affirmed a man's illegal gun possession conviction, ruling the South Bend Police officer who made the traffic stop had reasonable suspicion the car may be linked to a shooting in an apartment complex.
Transfer granted in insurance dispute
The Indiana Supreme Court granted transfer to an insurance coverage dispute case that has already been before the high court twice, and the chief justice didn't vote on whether to grant transfer to a case involving local government reform.
High court grants 4 transfers
The Indiana Supreme Court agreed Oct. 1 to hear four cases, including one dealing with whether a defendant should have a new murder trial and another involving whether a prior conviction in conspiracy to deal in cocaine counts as a conviction for dealing in cocaine under the state's habitual offender statute.
Judge argues ruling puts form over substance
The chief judge of the Indiana Court of Appeals dissented from his colleagues in an insurance dispute because he believes the decision leads to "an inequitable result."
Court rules on LLC matter of first impression
The Indiana Court of Appeals had to decide for the first time whether a company owes a continuing fiduciary duty to a former shareholder or member to accurately report the company's fiscal results to the IRS for a year in which the former member held stock or was still a member of the limited liability company.
Court rules on suspended sentence issue
A panel of Indiana Court of Appeals judges ruled on an issue that has generated a split of opinion among them: whether a fully executed sentence is equivalent to a sentence of equal length but partially suspended to probation for purposes of review under Appellate Rule 7(B).
Supreme Court disbars attorney
A split Indiana Supreme Court voted to immediately disbar an Indianapolis attorney who pleaded guilty to one count of willfully making a false tax return.