Civil commitment laws shifting across states
While Indiana justices recently stressed the great public importance of proper adjudication of soaring mental health filings, states across the country are dealing with rising caseloads in no uniform way.
Court opinions
Articles
Judge rules for Hendricks County deputy in mentally ill man’s slaying
A federal judge has ruled in favor of several parties, including a Hendricks County sheriff’s deputy, after a mentally ill man was fatally shot during a welfare check.
Gary lawsuit against gun makers may proceed, COA rules
A unanimous appellate panel has revived the city of Gary’s lawsuit against 10 handgun manufacturers, enabling the municipality to survive the Indiana General Assembly’s attempt to derail the legal action by amending the state’s Immunity Statute in 2015.
COA: No error in ruling over disputed gravel driveway
A dispute between two neighbors concerning who was permitted use a gravel driveway splitting their properties ended in favor of a woman who argued she paid taxes and had been using the entry for more than 20 years before her neighbors showed up.
COA reverses habitual offender enhancement
A habitual offender enhancement for a man with multiple battery convictions has been reversed after the Indiana Court of Appeals concluded his out-of-state convictions could not support such an enhancement under Indiana law.
COA orders state to reimburse $77K from illegal seizure
The state must pay back more than $77,000 to a man after seizing cash from his vehicle, the Indiana Court of Appeals has ruled, finding the money was unlawfully seized and turned over to the federal government.
COA refuses to side with ‘combative’ contractor
An Indianapolis home-improvement contractor who threatened a homeowner who hired him then stormed off the jobsite after police had to be called lost his appeal Thursday of judgment in the homeowner’s favor.
JW Marriott’s second assessment appeal also premature, Tax Court rules
The Indiana Tax Court has again dismissed an appeal filed by downtown Indianapolis JW Marriott owner Convention Headquarters Hotels LLC regarding its real property assessment, after the judge similarly ruled the appeal as premature.
7th Circuit won’t increase damages award in music trademark suit
A music company has failed to convince the 7th Circuit Court of Appeals to increase its award of damages by millions in a trademark suit against Guitar Center Stores, Inc.
Justices: No error in admitted post-arrest, pre-Miranda silence
Indiana Supreme Court justices have affirmed a trial court’s admission of a man’s post-arrest silence before he was read his Miranda rights, finding he opened the door of evidence and that no fundamental error existed.
Tax Court remands for revaluation of shopping center
Capitalization rates determined by the Indiana Board of Tax Review for an Anderson shopping center were found to be improper by the Indiana Tax Court and were thus reversed Wednesday.
Reversal: Floyd County loses title to criminal justice center over lease dispute
A split Indiana Court of Appeals has reversed the award to Floyd County of the title to its criminal justice center after concluding that the building authority that financed the center never had the authority to agree to certain provisions in its lease with the county.
Jury instruction error harmless in personal injury case, COA rules
The Indiana Court of Appeals affirmed a jury’s judgment for a woman whose vehicle rear-ended another, despite the appellate panel’s acknowledgement that the trial court failed to properly instruct the jury.
COA affirms termination of parent-child relationship
A drug-addicted mother couldn’t convince the Indiana Court of Appeals to reconsider the termination of her parent-child relationship with her young daughter after the panel concluded there was sufficient evidence to prove the removal was in the child’s best interests, even if some of it was admitted in error.
ACLU asks U.S. Supreme Court to allow Ohio remap process
Attorneys who gained a federal ruling to throw out Ohio’s congressional map are asking the U.S. Supreme Court to let procedures move forward to redraw House districts.
Divided appeals court reduces child molester’s sentence
A divided Indiana Court of Appeals panel cut a child molester’s sentence in half after it concluded that the length of his sentence was inappropriate due to his dementia and incompetence, among other things.
High court sides with Crow tribe member in hunting dispute
The United States Supreme Court is siding with a member of the Crow tribe who was fined for hunting elk in Wyoming’s Bighorn National Forest.
Woman’s murder conviction vacated for ineffective counsel
A woman with a history of mental illness who was convicted in 2002 of murdering her boyfriend after testifying the she heard a voice telling her she was the Messiah has won her federal habeas case asserting ineffective assistance of counsel. She will be freed unless the state opts within 120 days to retry her.
Justices affirm $176K award of fees to Lake Superior Court judges
Indiana Supreme Court justices affirmed a special judge’s ruling that 14 Lake Superior Court judges are entitled to recover nearly $176,500 to pay court staff, ending a two-year dispute.
Federal court ruling continues religious broadcaster’s family feud
Two “warring cousins” who each claim to be the rightful heir to the South Bend-based LeSEA Christian broadcasting network will continue to slug it out after a federal judge largely denied one cousin’s motion to dismiss.