A federal judge ruled Tuesday in a lawsuit challenging the town of Fortville’s procedure for disputing unpaid water bills that class members’ constitutional rights to procedural due process trump the state’s public policy of enforcing contracts.
The majority on a panel of the Indiana Court of Appeals declared Tuesday that Indiana Appellate Rule 7(B) requires only that the court “consider” the nature of the offense and the offender’s character, not that the defendant necessarily prove both of those prongs. This led to a separate opinion calling the decision “significant.”
The Indiana Court of Appeals affirmed a trial court’s decision to reduce a man’s Class D felony conviction following a guilty plea to theft in 2000 to a Class A misdemeanor 15 years later.
A trial court correctly granted the motion of a man arrested in Marion County to suppress drug evidence found in his buttocks after he was stripped search as a result of a misdemeanor battery charge, the Indiana Court of Appeals affirmed.
The Indiana Court of Appeals had to decide which of a man’s two convictions that violated double jeopardy prohibitions to vacate, and determined that his Level 6 felony criminal recklessness conviction should be vacated because it has the less severe penal consequence.
A mother that has prevented her son from seeing his father since 2009 and purposefully disobeyed parenting time orders and contempt orders must be sanctioned, the Indiana Court of Appeals ruled Friday.
A trial court should have followed Indiana Trial Rule 41(E) and held a hearing before dismissing an inmate’s petition for post-conviction relief, the Indiana Court of Appeals ruled Friday.
Because the post-conviction court denied an inmate’s petition for credit time without considering whether he had exhausted administrative remedies, the Indiana Court of Appeals sent the case back for reconsideration.
Noting the writing may be on the wall that people who bring sexual orientation discrimination claims under Title VII of the Civil Rights Act of 1964 should be protected, the 7th Circuit Court of Appeals was bound by precedent to deny a woman’s claim against Ivy Tech Community college in South Bend.
Four 7th Circuit Court of Appeals judges believed that a man who had evidence admitted at trial of his refusal to take a polygraph test deserves a new trial. The 7th Circuit Thursday denied rehearing David Resnick’s case en banc.
Indiana Court of Appeals Judge Paul Mathias again used an opinion to highlight problems he sees in the criminal justice system when dealing with defendants with mental health issues.
Children who were afraid of their stepfather and whose behavior changed after their mother remarried should now be in the custody of their father, the Indiana Court of Appeals affirmed Thursday.
The Indiana Court of Appeals Thursday reversed the findings that four sisters are children in need of services, noting none of their parents’ actions or inactions endangered the children.
The 7th Circuit Court of Appeals declined to overrule recent precedents in a man’s appeal involving his supervised release conditions and instead adopted a rule of practice for the Circuit.
An Alabama man was unable to convince the Indiana Court of Appeals that he was not behind several attacks on members of the Burmese community in Indianapolis two years ago. The judges affirmed Danny Cherry’s 80-year sentence for various crimes, including attempted murder.
A state trooper’s recollection of a woman’s name on a national drug registry does not provide an independent basis of reasonable suspicion justifying him to investigate more than a seat belt violation that initiated the traffic stop, the Indiana Court of Appeals held in a 2-1 decision. As such, the judges reversed the woman’s motion to suppress evidence that led to a drug charge.
The Indiana Court of Appeals agreed that a teenager has not repudiated his relationship with this estranged father and affirmed the trial court’s ruling that the boy, his mother, and his father must each pay a third of his college expenses.
The 7th Circuit Court of Appeals found an administrative law judge had improperly cherry picked a man’s medical record and reversed the denial of his disability benefits.
The Indiana Court of Appeals rejected a man’s assertion that he received ineffective assistance of counsel because his attorney didn’t object to the validity of the order placing him on probation.
The Indiana Court of Appeals affirmed that because sellers of a Crawford County property had recorded their assignment of lease in the recorder’s office, buyers of the property had actual or constructive notice that the sellers didn’t own the land.