Police immune from lawsuit over arrest of mentally ill woman
The Supreme Court of the United States ruled Monday that police are immune from a lawsuit arising from the arrest and shooting of a mentally ill woman in San Francisco.
Court opinions
Articles
Property owners have no duty for tenant’s free-running dog
Although the landlords provided the means to restrain the tenant’s dog, they are not responsible for the injuries a motorcyclist sustained when the pooch dashed into the road and caused an accident.
Justices make it easier to sue over 401(k) plans
The Supreme Court of the United States ruled unanimously Monday in favor of participants in employee retirement plans who object to companies’ investment decisions that eat into retirement savings.
SCOTUS: Convicted felons can sell their guns
A unanimous Supreme Court of the United States ruled Monday that the government can’t prevent a convicted felon who is barred from possessing firearms from trying to sell his guns after they are confiscated by authorities.
Admission of recording is harmless error
A recording of a victim’s conversation with friends should not have been admitted into evidence at trial, but the Indiana Court of Appeals ruled it was a harmless error.
Tax Court affirms Zionsville office assessment
The Indiana Tax Court on Thursday affirmed the real estate assessment of an office building on Zionsville’s Main Street in Boone County.
COA: Rapper’s brokered peace treaty irrelevant in murder case
A rapper convicted as an accomplice in the murder of Indianapolis disc jockey Thomas Keys failed on appeal to show his brokering of a peace treaty between rival rap groups was wrongly excluded from evidence in his trial.
Justices acquit two involved in fistfight turned fatal
An Indianapolis teen and another man convicted and sentenced to 15 years in prison for their roles in a planned beatdown that ended with a fatal gunshot will be freed after the Indiana Supreme Court reversed their convictions and ordered them acquitted.
Divided Supreme Court declines to take med mal case
The Indiana Supreme Court by a vote of 3-2 decided this week to not take the case of a man who sued for medical malpractice those who treated his now-deceased wife. The lower court and Court of Appeals found no existence of a physician-patient relationship between the on-call hospital specialist and the wife, the issue that caused two justices to dissent.
Justices adopt ‘any insurance’ approach in subrogation dispute
Deciding an issue of first impression stemming from a fire that heavily damaged the Jefferson County courthouse in 2009, the Indiana Supreme Court on Wednesday decided Indiana should follow the “any insurance” approach in deciding when property owners waive subrogation rights in certain cases. In doing so, the justices rejected the “work versus non-work” approach that the Court of Appeals has used.
Mother’s battery on teen not protected by parental privilege
The Indiana Court of Appeals on Wednesday upheld a mother’s misdemeanor battery conviction for hitting her daughter nearly 20 times with a belt after previous discipline did not stop the teen from communicating with boys on social media.
Teen’s rights not violated by search of sweatshirt
A Marion County teen’s constitutional rights were not violated when a police officer responding to a report of a teen in a black hooded sweatshirt with a gun opened a similar sweatshirt next to the teen and found a gun, the Indiana Court of Appeals held Wednesday.
Justices order hearing on whether to temporarily admit out-of-state lawyers
A Lake County court erred when it relied on a local rule to determine that five out-of-state attorneys should not be granted pro hac vice admission because the party seeking their admission could potentially hire capable Indiana attorneys to provide the franchise law work, the Indiana Supreme Court ruled Tuesday.
Tax Court: Assessor did not comport with notice requirements for back taxes
Although the Grant County assessor was authorized to assess two subject properties under I.C. 6-1.1-9-1, which allows for retroactive assessment, the assessor did not give the taxpayer sufficient notice of certain assessments, the Indiana Tax Court ruled Tuesday.
Man not entitled to separate molestation trials, justices hold
The Indiana Supreme Court on Tuesday rejected a man’s argument that he was entitled to three separate trials on the allegations he molested his three granddaughters. In doing so, two justices said they believe the Supreme Court needs to give more guidance on motions to sever.
Justices reverse CHINS finding, noting father coerced to admit adjudication
Because a Marion Superior Court judge’s remarks and conduct in their cumulative effect breached the court’s duty of impartiality and amounted to coercion of a 17-year-old girl’s father to admit she was a child in need of services, the Indiana Supreme Court reversed the CHINS adjudication.
Landowners not prejudiced by approval of wind turbine project
The Indiana Court of Appeals affirmed that landowners in Wells County who lived next to property that will house wind turbines were not prejudiced by the zoning decision to allow the project to proceed.
COA issues new opinion in bail case involving self-defense claim
The Indiana Court of Appeals has issued a new opinion in its decision involving a man charged with murder who sought to be released on bail, but was denied. The judges again held that James Satterfield should be allowed to present evidence of self-defense at a new bail hearing.
Journey’s Account Statute does not save woman’s complaint against DOC
A transgendered inmate of the Department of Correction lost before the Court of Appeals in a case seeking personal injury damages from the DOC. The inmate’s instant complaint is time-barred and not saved by the Journey’s Account Statute, the COA held.
Revised sentencing statute not applicable to defendant, COA holds
Because a man committed his crime in 1999, well before the effective date of the new Indiana criminal code, the new sentencing statute does not apply to him, the Indiana Court of Appeals held Tuesday.