Change to public intoxication statute not retroactive
A woman convicted of public intoxication may not receive relief from a change in the statute that took effect a day before her bench trial.
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Justices toss delinquency ruling for resisting school resource officer
A high school student’s action of trying to pull away from a school resource officer who tried to handcuff him is insufficient to support his adjudication as a delinquent, the Indiana Supreme Court ruled Friday.
COA answers first impression issue on custodial statements
A defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t available at trial as required by Indiana Evidence Rule 617.
‘Term of imprisonment’ is the total time a misdemeanant is incarcerated
Deciding an issue that has led to confusion in the courts, the Indiana Supreme Court ruled that time suspended is not included under "term of imprisonment" as used in the Indiana misdemeanor sentencing statute.
7th Circuit rejects hospital’s claims for $20M more in federal aid
Columbus Regional Hospital, which was flooded following heavy rains in southern Indiana in 2008, is not entitled to an additional $20 million in disaster relief funds from the Federal Emergency Management Agency in addition to the $70 million it already received, the 7th Circuit concluded Wednesday.
Court reverses DCS order requiring mother to take prescribed meds
A mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals Wednesday.
Life sentence upheld by Court of Appeals
A Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition for post-conviction relief based on ineffective assistance of counsel.
COA orders hearing on man’s request to remove name from JTAC website
The Indiana Court of Appeals ruled that it has no authority to remove a man’s name from the Judicial Technology and Automation Committee website and law enforcement databases after a protective order against him was dismissed. But the judges remanded for a hearing before the trial court on David Cook’s claims.
Insurance policy’s one-year limitation period voided
The Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies based on Indiana statute.
Man’s challenge to requirement he register as sex offender dismissed
The Indiana Court of Appeals concluded it lacked jurisdiction over an appeal out of Marion County by a man who argues he shouldn’t have to register as a sex offender for a 1982 rape conviction in California.
Justices order new trial for man tried in absentia
A North Carolina man who was convicted of two counts of Class C felony neglect of a dependent by an Elkhart Superior Court while the defendant was on a bus on the way to court will get a new trial, the Indiana Supreme Court concluded Tuesday.
Man facing deportation loses 2 appeals
A citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty to a crime should result in post-conviction relief.
Brother’s previous threat allowed at trial
The Indiana Court of Appeals concluded Monday that a threat made by a man against his brother a year before the man threw hot water on the brother was properly admitted into evidence during trial.
Pro se defendant wins reversal of restitution order
A defendant ordered to repay more than $19,000 that a drug task force spent to investigate his methamphetamine manufacturing will not have to make restitution because the state isn’t a victim under the restitution statute, the Indiana Court of Appeals ruled.
Indiana farmer’s case goes before the SCOTUS Tuesday
U.S. justices will hear arguments Tuesday morning in the lawsuit brought by Monsanto Co. against Knox County farmer Vernon Hugh Bowman alleging patent infringement.
Woman hit by foul ball strikes out at Court of Appeals
A baseball organization in Lake County is not liable for the injuries a fan suffered when she was hit in the face by a foul ball during a game, the Indiana Court of Appeals ruled Friday.
COA split on whether judge can order community service in lieu of fines
Two judges on the Indiana Court of Appeals decided that a trial judge didn’t have statutory authority to order an indigent woman to perform community service instead of paying fines and costs of her case, ordering the court to address the issue of imposing fees and costs.
Judges rule in favor of bank on request to end trust
A beneficiary of a trust couldn’t prove to the Indiana Court of Appeals that the purpose of the trust, created by her mother, was to benefit any grandchildren and because there are no grandchildren, the trust should be terminated.
Judge-backed court staff attorney pilot program bill moves out of committee
Legislation that would create a pilot program administered by the Indiana Judicial Center to assist trial courts when preparing and writing certain motions moved out of the House Committee on Courts and Criminal Code 11-0.
Rejection of garnishment request upheld
A collection company seeking to garnish a woman’s wages in order to satisfy an alleged $1,800 debt was unable to convince the Indiana Court of Appeals that the trial court had to issue the garnishment order.