Septic installer’s federal suit against Brown County reinstated
A Brown County man whose license to service and install septic systems was revoked without notice or a hearing may proceed with his federal lawsuit against the county.
Court opinions
Articles
7th Circuit: Colts not required to renew season tickets
An Indianapolis Colts season tickets holder did not automatically have the right to transfer ownership of his tickets from one season to the next, the 7th Circuit Court of Appeals ruled Thursday in a diversity suit against the professional football team.
Probation department must reimburse offender’s fees
The Marion County probation department must reimburse an offender’s probation fees after the Indiana Court of Appeals held the trial court erred by allowing the probation department, and not the court, to impose such fees.
Summary judgment affirmed for Conour associate in legal malpractice case
A former associate of now-disgraced Indianapolis attorney William Conour scored a victory in the Indiana Court of Appeals Friday when the court found he did not breach a duty to one of Conour’s clients who accused him of providing inaccurate or misleading information.
Appellate court says paved asphalt can be a ‘deadly weapon’
Determining that the paved surface of a parking lot can be considered a “deadly weapon” in the context of certain cases, the Indiana Court of Appeals on Friday affirmed a man’s conviction for felony battery.
Supreme Court: Rules of Evidence allowed admission of gun
In a decision reaffirming the notion that the doctrine of res gestae is defunct and is not grounds for admission of evidence, the Indiana Supreme Court affirmed the admission of a gun and resulting convictions in a joint Lake County resisting law enforcement and battery trial for two defendants.
COA remands dispute over attorney fees owed to doctor
A cardiologist who was denied his request for attorney fees totaling $450,000 will get a second chance to make his argument after the Indiana Court of Appeals found the trial court abused its discretion in awarding nearly $423,000 less.
Prosecutor’s involvement in judge’s re-election committee doesn’t require recusal
The Howard County prosecutor’s membership on a sitting judge’s re-election campaign committee did not require the judge to recuse himself in two separate cases, two panels of the Indiana Court of Appeals ruled Tuesday.
High court rejects new trial request in Boston murder case
The Supreme Court of the United States on Thursday ruled against a Boston man seeking to overturn his murder conviction because his lawyer failed to object when the trial judge closed the courtroom during jury selection.
SCOTUS limits ability to strip citizenship
The Supreme Court of the United States on Thursday limited the government's ability to strip U.S. citizenship from immigrants for lying during the naturalization process.
Man who did not knowingly waive representation to get new trial
A southern Indiana man will receive a new trial for his invasion of privacy charges after the Indiana Court of Appeals ruled Wednesday the trial court failed to advise him of the dangers of proceeding pro se.
Court vacates union representation, citing unclear deciding vote
The regional director of the National Labor Relations Board erroneously counted a ballot in favor of union representation of a northern Indiana company and impacted the outcome of an election to determine whether the union would represent the company, the 7th Circuit Court of Appeals held Tuesday.
Man’s 72-year sentence for child molestation upheld
The Indiana Court of Appeals has affirmed a man’s 72-year sentence for molesting his young daughter, finding the trial court did not consider identical facts at sentencing hearings on two separate charges.
Court impermissibly entered convictions on 3 resisting law enforcement counts
An Indiana trial court should not have entered convictions against a man on three counts of resisting law enforcement stemming from a single incident, the Indiana Court of Appeals ruled in a Wednesday opinion instructing the trial court to change the man’s convictions and resentence him accordingly.
7th Circuit: District court properly granted extra time to move for appeal
A federal judge properly allowed the state to have an extended period of time to move for direct appeal, the 7th Circuit Court of Appeals determined Tuesday, finding a conditional writ of habeas corpus in the case provided unclear instructions on how the state was supposed to proceed.
COA: attorney fees and litigation costs allowed in child’s wrongful death
In a case of first impression, the Indiana Court of Appeals upheld the award of attorney fees in a child’s wrongful death case.
Split COA affirms northern Indiana utility rate increase
A northern Indiana utility company can increase its rates after a divided Indiana Court of Appeals held Tuesday that the Indiana Utility Regulatory Commission followed the appropriate statutory guidelines in approving the rate hike.
Treble damages upheld in stepmother’s conversion of safe deposit box funds
The Indiana Court of Appeals has affirmed a determination that a northern Indiana woman illegally converted the funds in the safe deposit box her husband shared with his adult children and that the children are entitled to treble damages.
Public outcry may be able to keep offensive trademarks at bay
While Monday’s decision from the Supreme Court of the United States that barred the federal government from asserting which names are offensive has been viewed as a victory for the Washington Redskins, a high school in northern Indiana may provide an example of what the eight justices were trying to accomplish.
Court must revisit issue of prospective juror’s demeanor in Batson challenge
The Marion Superior Court must revisit the issue of whether a prospective juror’s body language made his dismissal appropriate after the Indiana Court of Appeals decided Tuesday it would be inappropriate to credit the state’s assertion without findings that the dismissal was not based on race.