Drug court lawsuit certified as class action
A federal magistrate has approved class-action status for a lawsuit accusing southern Indiana officials of violating the civil rights of dozens of drug court participants.
Clark County
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Asset forfeiture dispute divides appeals panel
An order transferring to the federal government money seized from a criminal defendant was deemed proper by the Indiana Court of Appeals Thursday, though a dissenting judge said the defendant didn’t even know the order had been issued until nearly two years later.
Kentucky ruling prevents Indiana court from addressing claim
Because the principles of full faith and credit required a Clark Circuit court to consider the judgments of a Kentucky court involving the default of promissory notes on property in Kentucky and Indiana, there was no error by the Indiana court in granting a bank the right to foreclose.
Justices: Woman who had co-worker committed not in contempt of court
A Clark Circuit judge lacked statutory authority to find a nurse in indirect civil contempt for completing an application for emergency detention of her co-worker, the Indiana Supreme Court ruled Tuesday.
Utica school preservationists win reversal, get day in court
Clark County residents who sued township officials over how a former school in the Ohio River community of Utica was being used will get to plead their case, the Indiana Court of Appeals ruled Monday, reversing a trial court order for the township.
8 more claim abuses in suspended Clark County drug court
Eight new plaintiffs have been added to a federal civil-rights lawsuit claiming officials involved in Clark County’s suspended drug court program jailed participants for months without due process, conducted improper searches and made unauthorized arrests.
Judges reverse speeding infraction due to lack of proof
A driver pulled over in Clark County for speeding was able to convince the Indiana Court of Appeals Wednesday that the infraction should be reversed because the state couldn’t prove its case.
Clark County drug court gets conditional approval
Clark County Drug Treatment Court participants will continue with programs diverting their criminal cases in favor of treatment, but it’s uncertain whether the troubled program may ever again serve people arrested on nonviolent drug charges.
Troubled Clark County Drug Court suspended
Claims that drug court participants in Clark County were jailed for months without cause and subjected to unauthorized searches and arrests by drug court staff have led the Indiana Judicial Center to suspend the problem-solving court in Jeffersonville.
Drug court lawsuits in the works
A Clark County judge and his staff are accused of wrongful jailings, arrests and searches of drug court participants.
State drops charge against woman held 154 days for 2-day sentence
A Clark County woman improperly jailed more than 150 days was freed earlier this week when prosecutors discovered she was still being held after an order that she spend 48 hours in detention.
Habitual offender amendment after jury empaneled ruled error
A habitual offender enhancement for a man convicted of robbery cannot stand because the state amended the underlying charges after a jury was empaneled, the Indiana Court of Appeals ruled.
Supreme Court takes eminent domain case to clean up confusion
Confusion from “inartful language” will put the ongoing dispute over the Clark County airport expansion before the Indiana Supreme Court.
For want of $2, negligence claim is untimely
A filing fee that was $2 less than required for a negligence claim in Clark County but was corrected and paid in full after the statute of limitations ran out may not proceed, the Indiana Court of Appeals held Thursday.
Judges rule against commissioners in eminent domain dispute
In a case involving the use of eminent domain to acquire land to expand the runway at the Clark County Airport, the Indiana Court of Appeals encouraged lawyers and the courts to stop using the phrase “jurisdiction over a particular case” when the term “legal error” should be used.
COA affirms rulings for Sellersburg in annexation case
The town of Sellersburg’s annexation proceedings should take priority over an incorporation proceeding involving the same area of land, the Indiana Court of Appeals held.
Clark County man waived right to appeal
A Southern Indiana man, as part of his plea agreement on child molesting charges, knowingly and voluntarily waived his right to challenge the propriety of his sentence on appeal, the Indiana Court of Appeals ruled.
Drug dealing, possession convictions upheld again
The Indiana Court of Appeals upheld on rehearing a Clark County man’s convictions of drug dealing and possession, among other charges.
Judges uphold original decision in Clark County surveyor’s suit
The Indiana Court of Appeals granted the former Clark County surveyor’s request for a rehearing on its decision regarding his involvement in two county projects, but found his assertions on rehearing are without merit.
State bar, southern Indiana lawyers offer aid to tornado victims
The Indiana State Bar Association has established a toll-free legal aid line for victims of the March 2 tornadoes in Southeast Indiana. Victims who call for legal information will be matched with local lawyers who have volunteered to provide free legal consultations on matters such as insurance claims, home repair contracts, landlord issues and replacing legal documents.