Attorney suspended for practicing without a license, renegotiating fees
An Indianapolis attorney has been suspended for at least 180 days after he practiced law with a suspended license and modified fee agreements to work in his favor.
Court opinions
Articles
COA: Trial courts can waive right to be at commitment hearing
State statute allows trial courts to waive respondents’ right to be present at their mental health commitment hearings, though the use of such statute should be limited only to cases where the evidence shows respondents’ presence would be injurious to their mental health, the Indiana Court of Appeals ruled Thursday in a precedent-setting case.
COA affirms GPS monitoring after violation of protective order
A Hendricks County man will remain on GPS monitoring after the Indiana Court of Appeals ruled Thursday his estranged wife presented sufficient evidence of his violation of a protective order and that he had notice of the possibility that he could be put on a GPS tracker.
COA affirms escapee’s convictions, consecutive sentences
A man who escaped in handcuffs from a police vehicle will remain in prison on escape and drug charges after the Indiana Court of Appeals determined Thursday the trial court did not err in instructing the jury or imposing his sentence.
7th Circuit affirms denial of disability benefits
The 7th Circuit Court of Appeals has affirmed the denial of a woman’s application for disability benefits after finding an administrative law judge properly determined the woman’s medical impairments did not prevent her from working certain jobs.
7th Circuit denies rehearing, allows case to proceed to evidentiary hearing
A man convicted as a teenager in a 2008 Elkhart murder will still be given a federal evidentiary hearing on his claim of ineffective assistance of post-conviction counsel after a majority of 7th Circuit Court of Appeals judges denied the state’s petition for a panel or en banc rehearing.
Tax Court rules in favor of exemptions for trucking company
The Indiana Tax Court has ruled in favor of a northern Indiana trucking company protesting a proposed tax assessment of nearly $500,000, finding the company’s use of its trucks were predominately related to public transportation during the years at issue.
Appellate court finds man’s conduct constituted just 1 instance of contempt
A man originally sentenced to one year in prison for disrupting court proceedings will instead serve only six months after the Indiana Court of Appeals found his contempt citation stemmed from a single incident.
COA: Group voir dire did not violate right to impartial jury
An Indianapolis man who attempted to rob a pharmacy in a city more than an hour away was not denied his right to an impartial jury by the use of group voir dire, the Indiana Court of Appeals held Wednesday.
Fired lab worker loses discrimination appeal
The 7th Circuit Court of Appeals has affirmed summary judgment for an Indiana laboratory after finding a former employee failed to prove his employment termination was based on his age and his filing of two claims with the Equal Employment Opportunity Commission.
7th Circuit sends contractual claims back to state court
A fixed based operator stationed at the Gary/Chicago International Airport must pursue its contractual claims against the airport authority in state court, as the FBO failed to present a constitutional claim that could be considered in federal court, the 7th Circuit Court of Appeals ruled Thursday.
7th Circuit vacates plea, reverses 15-year sentence for illegal possession of a firearm
An Indiana man’s 15-year sentence for possession of a firearm in violation of the Armed Career Criminal Act has been reversed after the 7th Circuit Court of Appeals determined one of the man’s prior convictions did not constitute a violent felony and, thus, did not qualify him for a sentence above the 10-year statutory maximum.
Supreme Court remands attempted murder case for reconsideration
A Bloomfield man convicted of felony attempted murder will not get a new trial after the Indiana Supreme Court decided his case instead warranted reconsideration by trial court.
Judge rules for National Lampoon, against fraudster Durham
National Lampoon will have to get in line with other victims who are owed millions after Indianapolis Ponzi scheme mastermind Tim Durham looted more than $208 million from investors in Ohio-based Fair Finance Co. Any recovery by the comedy conglomerate following a Monday court ruling is likely to assist Fair Finance victims.
COA rejects declaratory relief petition challenging molestation convictions
A southern Indiana man cannot seek declaratory relief after he was convicted on multiple counts of child molesting because the Indiana Court of Appeals found his challenge to be an attempt to circumvent Indiana’s established appellate procedures.
State, DuPont both get partial victories in appeal of assessments
The Indiana Tax Court has granted partial summary judgment to the Indiana Department of State Revenue and a Delaware-based industrial, agricultural and manufacturing business after finding both parties erred in their filing and assessments of 2005 through 2007 tax returns.
Fresh cases setting precedents in mental health law
Under what circumstances may someone be excluded from a hearing to determine whether they should be committed for mental health treatment? The Indiana Court of Appeals grappled with that question during oral arguments June 28, just one day after another panel ruled on another matter of first impression regarding involuntary commitment — the court itself noting scarce caselaw.
Mother’s consent to adoption not required, appeals court rules
A trial court properly determined that a mother’s consent was not required to the adoption of her child, the Indiana Court of Appeals ruled, finding that even though she had a difficult year in which she had no communication with her child, the law requires her to continue to foster her parental relationship.
Double jeopardy cuts sentence in robbery from 60 to 36 years
A trial court improperly applied sentencing enhancements to both of a criminal defendant’s robbery and conspiracy convictions, the Indiana Court of Appeals ruled Friday. The panel found a double-jeopardy violation and reduced the man’s sentence from 60 to 36 years in prison.
COA reverses dismissal of review of uninhabitable property order
A Hammond man’s petition for judicial review of an order to repair or remove an apartment in a building he owns will return to the trial court after the Indiana Court of Appeals ruled the Lake Superior Court erred in dismissing the case.