Amended ordinance doesn’t apply to travel plaza
An Allen Superior Court correctly ruled that a travel plaza had a vested right to develop its plans under an original zoning ordinance, the Indiana Court of Appeals affirmed today.
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U.S. judge: Indiana Supreme Court was wrong
A federal judge has tossed a death row inmate's capital sentence, saying the Indiana Supreme Court was wrong in ruling the man convicted of a triple murder wasn't prejudiced by having to wear a stun belt in the jury's presence.
House passes St. Joseph judicial election bill
In a historically notable vote, the Indiana House of Representatives passed a bill that would elect St. Joseph Superior judges rather than stick with a merit-selection and retention system in place for 35 years.
Appellate court gets dismissed Voter ID case
The Indiana Court of Appeals is being asked to overturn a Marion Superior judge's decision that found the state statute requiring voters to show photo identification before casting a ballot is constitutional.
AG files suit against foreclosure consultants
Indiana Attorney General Greg Zoeller filed lawsuits today against five foreclosure consulting companies accused of violating state laws.
E-Ticket program wins 2 awards
The Indiana Supreme Court's electronic ticketing program has won awards from two safety associations.
Sidewalk Six defendant settles with state
What began a decade ago and became known as the Sidewalk Six paving-for-votes scandal is now nearing an end as one of the three remaining defendants in the civil racketeering case has settled with the state.
Insurer not allowed to substitute party name
An insurance company isn't allowed to substitute another party's name in a suit filed by a driver for her underinsured motorist benefits because there's no authority for substitution of a non-party before a jury in a contract case, the Indiana Court of Appeals decided today. Doing so would create a "legal fiction" before the jury.
Justices uphold probation revocation
The Indiana Supreme Court disagreed with the Indiana Court of Appeals that the appellate court could review a defendant's appeal – either because it qualified as a rare and exceptional case of great public interest or under Post-Conviction Rule 2. The Supreme Court deemed the man's failure to timely file an appeal to the revocation of his probation as fatal to his claim.
Justices: Jury issues don’t require new trial
The Indiana Supreme Court affirmed a jury award in favor of a man accused of rape in a civil suit, ruling the jury didn't receive improper communications and the trial court didn't err in providing impasse assistance to the jury.
Trial court didn’t err in denying mistrial
A trial court didn't abuse its discretion in denying a mistrial after learning a juror asked the state's firearms expert a question outside the courtroom during a recess in the trial, the Indiana Court of Appeals ruled.
State didn’t prove man used car to keep drug
The Indiana Court of Appeals overturned a conviction of maintaining a common nuisance because the state failed to prove the defendant used his car to keep marijuana.
Supreme Court grants 2 transfers
The Indiana Supreme Court granted transfer to two cases today, including a highly litigated case regarding negligence claims and the construction and renovation of an expanded library location in downtown Indianapolis. In The Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C., and Thornton Tomasetti Engineers, No. 06A05-0804-CV-239, the Indiana Court of Appeals affirmed summary […]
COA affirms judgment in property-tax dispute
The Indiana Court of Appeals released an opinion today dealing with a topic that gives many homeowners headaches – property taxes.
Court reprimands attorneys for trade-name use
Three attorneys who practiced separately but advertised as an LLC were publicly reprimand by the Indiana Supreme Court for violating several Indiana Professional Conduct Rules by not letting clients know they didn't practice law as a firm.
Senate OKs COA panel, St. Joe judge elections
The full Senate voted today in support of legislation scrapping the St. Joseph Superior judge merit-selection system for judicial elections, and also creating a new panel for the Indiana Court of Appeals.
COA splits, reverses probation revocation
The Indiana Court of Appeals was split today in its decision to reverse the revocation of a defendant's probation. The judges didn't agree that the probation revocation hearing comported with due process.
Attorneys ask justices to consider voter ID case
In an expected move, the Indiana Attorney General's Office has asked the state Supreme Court to consider whether the 4-year-old voter identification law is constitutional.
Insurer needs notice of claim to defend it
An insurer can't defend a claim of which it has no knowledge and its duty to defend doesn't begin until it receives basic notice information to allow it to defend a claim, ruled the Indiana Supreme Court.
IBA seeks award nominations
The Indianapolis Bar Association is accepting nominations for its 2009 Professionalism Award given to attorneys and the Silver Gavel Award for judges.