Justices take post-conviction relief case
The Indiana Supreme Court will review the reduction from a Class B felony to a Class D felony of a man’s conviction of criminal confinement.
Court opinions
Articles
Public intoxication conviction tossed for lack of proof of endangerment
A man convicted of public intoxication after a police officer found him near the site where his car had come to a stop between the road and a drainage ditch was improperly convicted, the Indiana Court of Appeals held Monday.
Purdue loses appeal bid to shield discrimination, harassment report
An appellate panel had harsh words for Purdue University’s conduct in shielding a report investigating a former chancellor’s complaint of gender discrimination and harassment against former university president France Cordova.
Justices affirm ‘safe harbor’ in Juvenile Mental Health Statute
A juvenile sex offender’s statements in a polygraph test during probation that he molested two more children may not form the sole basis to prove delinquency, the Indiana Supreme Court held Friday in affirming a trial court and rejecting the state’s appeal.
Agency collecting credit card debt not a creditor, COA rules
A debtor’s counterclaim that a collection agency violated the Indiana Uniform Consumer Credit Code by not obtaining a license was rejected by the Indiana Court of Appeals on the grounds that although the agency was trying to recover a debt, it was not a creditor.
Judge to Ballard rep: We’ll decide courts complex site
Marion Superior judges on Friday gave a grudging endorsement to the former General Motors stamping plant site as the location for a proposed jail and criminal justice complex, but not before sending a message to Indianapolis Mayor Greg Ballard that where courts are located is their decision.
Judges reverse felony enhancement for handgun possession
Because a prior felony conviction the state relied on to enhance a man’s handgun possession charge was later reduced to a misdemeanor as part of a plea agreement, the Indiana Court of Appeals reversed the denial of the man’s motion to dismiss the enhancement.
Complaint for unpaid car loan filed outside of statute of limitations
Because a company seeking to recover unpaid installments on a car loan filed its complaint outside of the four-year statute of limitations, the Indiana Court of Appeals affirmed the small claims judgment in favor of the car buyer.
7th Circuit reinstates case involving ‘anti-slating’ statute
The 7th Circuit Court of Appeals has reversed the dismissal of an unslated Marion County Democratic candidate’s lawsuit challenging the county election board’s reliance on the state’s “anti-slating” law to confiscate political flyers during the May 2012 primary election.
Judges order new trial for woman who withdrew, deposited cash from ATMs
In a split decision from the 7th Circuit Court of Appeals, the majority reversed a Russian woman’s conviction for violating a federal statute that prohibits structuring currency transactions in order to evade federal reporting requirements for transactions involving more than $10,000 in currency. The majority cited the prosecution’s questioning of the woman about past financial records as the reason for reversal.
Father’s appeal dismissed as untimely
A Madison County father challenging the denial of his petition for change of custody did not timely file his appeal, so the Indiana Court of Appeals dismissed it.
Father’s appeal dismissed as untimely
A Madison County father challenging the denial of his petition for change of custody did not timely file his appeal, so the Indiana Court of Appeals dismissed it.
Court upholds denial of tax exemptions
The Indiana Tax Court Tuesday ruled that the state Board of Tax Review did not err when it determined a nonprofit in Mooresville was not entitled to either a fraternal beneficiary association exemption or a charitable purposes exemption for the 2006 tax year.
Judges reduce rapist’s sentence to 165 years
The Indiana Court of Appeals Wednesday slashed 105 years from a convicted rapist’s sentence, concluding the original 270-year sentence was far outside the norm for a single episode of conduct against a single victim.
Judges uphold revocation of counselor’s license
The Indiana Court of Appeals has affirmed the decision to revoke a mental health counselor’s license after she developed a personal attachment to a patient and ignored the patient’s request to leave her alone.
Judge believes caselaw has ‘unintended consequences’ for residents, law enforcement
In a divided opinion in which the Indiana Court of Appeals affirmed a man’s resisting law enforcement finding and probation revocation, Judge Paul Mathias worried that relying on certain caselaw would have “unintended consequences” for Hoosiers and police officers.
Convictions stand related to ‘upskirt’ photographs of teens
The Indiana Supreme Court has upheld the attempted child exploitation convictions of a man who used a camera to take pictures up females' skirts at an Indianapolis mall.
Mother loses appeal of CHINS finding
The Indiana Court of Appeals rejected a mother’s argument that child in need of services findings should be vacated because the judge in the matter should not have been able to make a negative inference from her invocation of her Fifth Amendment right not to testify.
Justices take 4 cases
The Indiana Supreme Court accepted four cases on transfer last week, which included a decision on a first impression issue on whether third-party carriers are included in the statute regarding filing proposed medical malpractice complaints.
Insurance policy does not fall under Pre-Need Act
A Marion Superior Court correctly ruled that a company that sells an insurance policy with the option to assign it to a trust to use the funds for funeral services is not subject to the Pre-Need Act, the Indiana Court of Appeals ruled.