Justices grant one transfer petition, deny 23
The Indiana Supreme Court granted transfer to a case involving an estate, the only case out of 24 justices chose to hear last week. The court denied two transfer petitions by 3-2 votes.
Katie Stancombe
Articles
Justices to hear civil forfeiture argument, 2 others
Justices to hear oral argument on civil forfeiture case, two othersThe Indiana Supreme Court will hear oral argument in three cases on Thursday, including a case dealing with the distribution of civil forfeiture proceeds.
Collection agency’s extensive delay waives arbitration right
The 7th Circuit Court of Appeals affirmed the denial of a collection agency’s delayed motion to compel arbitration when it found the agency had inadequate explanations for its delay and had waived any right to arbitrate.
Lawyer Cuban shares testimony of life after addiction
Lying down, surrounded by empty wine bottles and dozens of strewn Xanax, Brian Cuban opened his eyes and had no idea where he was. It was then he realized he had a problem.
Med-mal judgment for insurers against hospital reversed
The Indiana Court of Appeals reversed the grant of summary judgment for two insurance companies when it found they were estopped from denying the applicability of the Indiana Medical Malpractice Act to their claims.
Judgment for lender upheld in race discrimination suit
The 7th Circuit Court of Appeals affirmed summary judgment for a lender after it found an African-American couple failed to prove they were denied a loan based on racial discrimination under the Equal Credit Opportunity Act.
After long medical marijuana hearing, lawmakers make no recommendation
Legislators halted any progress of legalizing medical marijuana in Indiana on Thursday after a study committee failed to agree on how to move the issue forward.
Judgment affirmed for insurer uninformed of claims
A divided Indiana Court of Appeals affirmed the grant of summary judgment to an insurance company after a client waited more than a decade to notify it had made payments in several suits brought against it.
Southern District proposes amended discipline rules
The U.S. District Court for the Southern District of Indiana is seeking public comment on a proposed amendment that would completely reframe its current discipline enforcement rules.
Hill defends abortion law’s validity, argues idea is new
Indiana’s recent request for the nation’s highest court to review an abortion law struck down by federal courts has some legal watchers wondering whether the case could be a gateway for dismantling of abortion rights.
DCS criticized for lax notice, but mom’s termination affirmed
The Indiana Court of Appeals reprimanded the Indiana Department of Child Services on Wednesday for failing to comply with notice requirements, while also affirming a mother’s termination of parental-child relationship for her failure to communicate with DCS.
Habitual offender enhancement vacated for failure to inform
The Indiana Court of Appeals reversed a man’s habitual-offender finding and sentence when it found his previous jury-trial waiver was not made with sufficient awareness of the relevant circumstances, and therefore did not apply to the later-filed habitual-offender enhancement.
Appellate court affirms summary judgment for rental property owner in insurance dispute
The Indiana Court of Appeals affirmed the grant of summary judgment to a rental property owner involved in an insurance dispute following a house fire of one of her rental properties after finding a garage that was damaged in the fire should have been covered under the property’s insurance policy.
COA affirms denial of ineffective counsel PCR claim
The Indiana Court of Appeals affirmed Tuesday the denial of a man’s successive petition for post-conviction relief, finding the man’s trial attorney’s strategy was not constitutionally ineffective.
Oral argument: Bright-line speeding rule requested in OWI case
The Indiana Supreme Court heard oral argument Monday morning on a speeding-turned-OWI case following its grant of transfer to the state’s appeal, including concerns regarding reasonable suspicion.
Justices to hear arguments in speeding-turned-OWI case
The Indiana Supreme Court will hear oral argument on Monday to decide whether a man’s motion to suppress evidence was wrongfully denied by a trial court, which found that a police officer’s belief that the man was speeding constituted reasonable suspicion to support the man’s eventual drunken driving arrest.
COA: DOC placement best for juvenile, community’s safety
The Indiana Court of Appeals affirmed the placement of a teen boy in the Indiana Department of Corrections when it found that placement would best promote community safety and his best interests.
COA: Judgment affirmed in eminent domain action
The Indiana Court of Appeals affirmed the grant of summary judgment to a town in an eminent domain action when it found the land was neither real property occupied by an owner nor agricultural land, so the previous owners were not entitled to receive enhanced compensation.
15 charged in statewide corruption investigations
Federal and state charges announced by United States Attorney Josh Minkler on Thursday cap a statewide roundup that found 15 individuals accused of misappropriating more than $1 million in public funds.
Nonsupport case divides COA on right to be present
The Indiana Court of Appeals affirmed a father’s sentence for failing to pay child support when it found he failed to meet his burden of proof. However, the court split on whether the defendant had a right to be physically present at his sentencing.