Child molester’s failure to register conviction vacated
A convicted child molester will not also have a conviction of failure to register as a sex offender after the Indiana Court of Appeals found Monday that his arrest was premature.
Court opinions
Articles
COA reaffirms decision imposing sanctions on mental health service provider
The Indiana Court of Appeals has reaffirmed an earlier decision finding that sanctions against a mental health provider were warranted, making clear Friday that it fully understood why the sanctions were imposed.
7th Circuit affirms dismissal of claims against Indiana, Marion County officials
The 7th Circuit Court of Appeals has affirmed the dismissal of claims against several Indiana state and county officials, finding that most of the claims failed due to the immunity provided to government employees in the scope of their employment.
COA: Law enforcement may not refuse to hire based solely on expunged criminal histories
The Indiana Court of Appeals ruled Thursday that law enforcement agencies are not permitted under state statute to refuse to hire new employees solely because those people have prior criminal histories that have since been expunged.
Court abused discretion in letting public defender withdraw appearance
An attorney seeking a motion to withdraw appearance had to prove there was justification for his withdrawal and provide sufficient notice to the party he represented before the motion could be granted, the Indiana Court of Appeals found Thursday.
COA holds public trust rights rule along lakeshore
When a private property owner’s land deed overlaps with that of the public trust along Lake Michigan, the rights to the shore are controlled by the common law public trust doctrine, the Indiana Court of Appeals found Wednesday in a landmark decision that prevents private property owners from exerting complete control over lakeshore land between ordinary high- and low-water marks.
COA affirms lifetime suspension of driving rights
A man who was caught driving with a suspended license cannot challenge the legality of the lifetime suspension of his driving privileges because the law in effect at the time of his arrest required the lifetime suspension, the Indiana Court of Appeals found Wednesday.
COA reverses handgun conviction after state failed to meet burden of proof
The state failed to meet its burden of proof to show that an Indianapolis man was carrying a handgun without a license outside of his dwelling, workplace or property, the Court of Appeals found Wednesday, thus vacating the man’s misdemeanor conviction.
‘Strict compliance’ with contempt statute not required if sufficient notice is given
A majority of the justices of the Indiana Supreme Court found Tuesday that strict compliance with a state statute regarding contempt orders can be excused if the party in contempt has been sufficiently notified of their contempt, thus affirming a trial court decision requiring an ex-husband to produce income and tax documents for his ex-wife.
Justices uphold Katrina fraud verdict against State Farm
A unanimous U.S. Supreme Court on Tuesday upheld a jury verdict that State Farm Fire and Casualty Co. committed fraud against the federal government after 2005's Hurricane Katrina.
7th Circuit rules Duke Energy must pay for wind-generated power
The 7th Circuit Court of Appeals reversed a district court decision Tuesday requiring Duke Energy to pay for power generated by a local wind farm only if it passes to a lower grid, deciding instead that the energy company is contractually obligated to pay for any generated power regardless of transmission issues.
Indiana attorney illegally practicing in Florida suspended for 18 months
An Indiana attorney who was illegally practicing law in Florida has been suspended in Indiana for 18 months without automatic reinstatement.
Divided COA says trial court must hold hearing on order to pay
A Floyd County trial court cannot order debtors to make monthly payments toward a mortgage, taxes and insurance premiums in a foreclosure case without first holding a hearing on the debtors’ ability to pay, a divided Indiana Court of Appeals held Tuesday.
7th Circuit rules student-athletes aren’t considered ‘employees’
Collegiate athletes cannot be considered university employees and, thus, are not eligible for minimum wage pay, the 7th Circuit Court of Appeals ruled Monday, affirming a district court decision that dismissed a lawsuit brought against the NCAA.
COA reverses handgun conviction because officer didn’t follow protocol
A police officer did not follow the proper protocol for conducting an inventory search of a detainee’s car, thus making the search impermissible under state and federal constitutions and prohibiting the admittance of any evidence obtained through the search.
7th Circuit affirms murder, racketeering convictions despite government error
Despite improper statements made by the government during closing arguments of a trial, the 7th Circuit Court of Appeals affirmed the defendant’s murder and racketeering convictions, writing that the statements constituted harmless error.
COA affirms dismissal of case due to res judicata
Res judicata prevents a title insurance company from taking a “second bite” at the apple, the Indiana Court of Appeals ruled Friday, in a case in which the company appealed dismissal of its second attempt to challenge an action by the Indiana Department of Insurance.
Lawyer’s use of word ‘Negro’ prejudiced client, but doesn’t get PCR
A defense attorney who has since been disbarred prejudiced his absent client when he referred to him as a “Negro” before potential jurors, a judge wrote, but the offending word wasn’t enough for the Court of Appeals to grant post-conviction relief.
Court affirms injunction preventing violations of non-compete clauses
After several employees from one civil engineering firm began soliciting employees from a competitor, the Indiana Court of Appeals held Wednesday that a trial court correctly issued a preliminary injunction to force the employees to comply with non-compete and non-solicitation clauses they had signed.
COA upholds summary judgment in workers’ comp case
Although he was hired to work on a specific project for a southern Indiana construction company, a worker who was injured on a construction job must seek damages through Indiana’s Worker’s Compensation Act because he was considered an “employee” of the company.