Revisiting foreclosure case, COA reaffirms money judgment
A $112,000 money judgment originally upheld in 2019 has been reaffirmed in a second appellate decision issued in the case Tuesday.
Olivia Covington
Articles
Black caucus calls for reprimands, implicit bias training after House altercations
The Indiana Black Legislative Caucus is calling for lawmaker reprimands, implicit bias training and member safety measures in response to a heated Indiana House session last week that featured allegations of racism, on-the-floor boos and lawmaker confrontations in the halls and a restroom.
COA reinstates small claims case after COVID cancelation of vacation
A small claims case arising from a COVID-canceled vacation will return to the trial court after the Indiana Court of Appeals found dismissal was improper.
Bill giving adult guardians say over final dispositions set for final Senate vote
A bill to give adult guardians authority to oversee the disposition of a ward’s remains is up for a final vote in the Indiana Senate this week, but the version of the bill senators will vote on is markedly different from the introduced legislation.
ISBA opposes bill to change judicial selection in Lake, St. Joseph counties
For the second time this year, the Indiana State Bar Association is publicly opposing legislation targeting judicial selection in Indiana, this time speaking against a bill that it says would “unnecessarily change a working system” for judicial selection in Lake and St. Joseph counties.
Bill challenging ‘noncompliant’ prosecutors advances without prosecutors’ support
A bill that would allow the Indiana attorney general to step in if local elected prosecutors decline to file criminal charges narrowly passed a Senate committee Tuesday without the support of public defenders or Indiana prosecutors. A longtime advocate said when both sides in criminal matters oppose legislation, lawmakers should take notice.
Appeals court rejects bid to cut 120-year sentence in Gary double-slaying
A Gary man convicted of a 2003 double-murder failed to convince an appeals panel that his 120-year sentence should be reduced. The Indiana Court of Appeals rejected the arguments Wednesday.
COA upholds denial of grandparents’ adoption petition
A request by grandparents to adopt a grandson found to be a child in need of services was properly denied, the Indiana Court of Appeals ruled Wednesday, upholding a trial court’s determination that adoption was not in the child’s best interests.
Web Exclusive: Lozano Bar supports Latino lawyers with personal, professional resources
Shared experiences bring people together. That’s particularly true of the members of the Rudy Lozano Bar Association, a northwest Indiana group dedicated to serving Latino legal professionals. Formerly known as the Northwest Indiana Hispanic Bar Association, the group filed articles of incorporation under its new name in February 2020. Its namesake is the late federal Judge Rodolfo “Rudy” Lozano, who died in July 2018.
Legislation takes aim at judicial selection
A bill in the Legislature would restructure the composition of judicial nominating commissions in Lake and St. Joseph counties. Currently, an even number of attorneys and nonattorney members are appointed by local stakeholders, but the proposal would reduce attorney representation, which has prompted a backlash in the northern Indiana legal communities.
Appellate court rules for insurer in coverage dispute
Summary judgment has been upheld for an insurer who denied coverage on the basis of an invalid lease, even though the insurer had partially granted coverage when the claim was originally filed.
Aggravated battery conviction overturned on double jeopardy grounds
A man who broke into his ex-girlfriend’s home and shot the woman and her daughter will have his aggravated battery conviction and related sentence vacated on double jeopardy grounds. Like others before it, the case raised questions about the application of the Indiana Supreme Court’s new substantive double jeopardy analyses.
Appellate court increases attorney fee award in second appeal of employment dispute
The former employee of a medical device manufacturer has once again prevailed in a years-long employment case, with the Indiana Court of Appeals ordering an increase in the amount of attorney fees the employer must pay its former employee.
HOA tax refund dispute to stay in trial court for now, COA rules
Despite being based in Indiana tax law, a motion to compel Marion County taxing officials to rule on refund requests by two homeowners associations must continue in trial court until a final determination on the refunds is reached.
COA overturns forfeiture judgment, but splits on allowing owners to use seized cash for defense
Summary judgment for the state has been overturned in an action seeking to forfeit nearly $9,000, with a majority of judges holding that owners of seized property can used seized cash to help fund their defense. A dissenting judge, however, thinks that ruling exceeds statutory limits.
7th Circuit issues writ of mandamus returning Florida inmate’s case to Indiana court
A federal inmate who was transferred from an Indiana prison to a facility in Florida will continue his habeas proceedings in Indiana federal court after the 7th Circuit Court of Appeals issued a writ of mandamus in the inmate’s favor.
7th Circuit upholds convictions, sentences in international drug scheme based in Indy
Two Hoosiers convicted for their roles in an international drug trafficking organization failed to convince the 7th Circuit Court of Appeals that their convictions and sentences were inappropriate.
State argues against new trial for man freed in 2002 Elkhart killing
It’s been more than 15 years since Andrew Royer was convicted of an Elkhart County murder and more than nine months after he was freed due to concerns over his confession and other evidence, but his case is not over yet. Instead, it’s back at the Indiana Court of Appeals, where the state is asking for the reversal of an order giving Royer a new trial.
COA orders new hearing on $32K civil forfeiture
A Hancock County trial court must revisit the forfeiture of more than $32,000 related to a marijuana bust after the Indiana Court of Appeals found errors in various evidentiary rulings.
House amends COVID liability bill, prepares for final vote
Legislation to provide businesses and individuals with protection from COVID-related civil liability is getting closer to the governor’s desk, with the Indiana House amending the bill and setting it up for a final House vote Thursday.