Supreme Court knocks down habitual-offender enhancement
The Indiana Supreme Court found a habitual-offender enhancement tacked onto the 20-year sentence of a serious violent felon was an “impermissible double enhancement.”
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Federal courts rule against overtime in pharmaceutical cases
In a pair of decisions, the U.S. Supreme Court and the 7th Circuit Court of Appeals examined different exemption provisions to overtime requirements of the Fair Labor Standards Act but reached the same conclusion: Pharmaceutical sales representatives are not entitled to overtime pay.
Supreme Court rules landowner must pay county drainage assessment
A Marshall County landowner will have to pay a drainage assessment on a county-maintained ditch, even though he said his property derives little benefit from the drainage system for which he’s ordered to pay a share.
Coachmen, All-American win appeal in hotel dispute
The 7th Circuit Court of Appeals affirmed a District Court ruling in favor of two Indiana companies that were involved in a Tennessee hotel project that failed to develop.
COA upholds trial court’s actions and sentence during drug trial
A defendant who contended the trial court abused its discretion and imposed an inappropriately harsh sentence had his drug conviction upheld by the Indiana Court of Appeals.
245-year sentence affirmed in Hovey Street slayings
The gunman who pleaded guilty to four murders in the 3200 block of Hovey Street in Indianapolis was properly given and deserved a 245-year sentence for the crimes, the Indiana Court of Appeals ruled Friday.
Crawford holding doesn’t apply to probation revocation hearings
The Indiana Supreme Court rejected a man’s argument Thursday that he should be afforded the same right of confrontation in his probation revocation hearing as is outlined in Crawford v. Washington, 541 U.S. 36 (2004).
$2.9M verdict in mill accident case upheld
The 7th Circuit Court of Appeals has affirmed the admittance of an expert’s opinion as to causation of an accident at a northern Indiana steel rolling mill, finding the federal court properly denied a company’s Daubert motion to bar that testimony.
Justices: Good-time-credit amendment not retroactive
The Indiana Supreme Court interpreted a 2010 amendment on credit time earned during placement in community corrections to only apply to those placed on home detention on or after its July 1, 2010, effective date.
COA affirms drug dealing, possession convictions
A man convicted of multiple felony drug charges and sentenced to 50 years in prison with 15 years suspended was not deprived his Fourth Amendment rights, the Court of Appeals ruled Friday.
Appeals court upholds killer’s PCR denial
A man convicted of murder in Delaware County is not entitled to post-conviction relief due to ineffective counsel, the Indiana Court of Appeals ruled Friday.
Justices reverse Tax Court, determine Miller Brewing owes
Miller Brewing owes $806,366 in income tax on beer transported by common carriers to Indiana from its Milwaukee brewery, the Indiana Supreme Court determined in a ruling Thursday that reversed the state Tax Court, ending a decade-long dispute.
Appeals court: Worker entitled to pursue compensation after settlement
A worker injured in a traffic accident who received a settlement for a workers’ compensation claim in Wisconsin may proceed with a claim in Indiana, where the crash occurred, the Indiana Court of Appeals ruled.
Majority upholds habitual traffic violator conviction
Four justices found that Indiana Code 9-30-10-16 indicating when a person commits a Class D felony while driving with a suspended license is not unconstitutionally vague and evidence supports a man’s conviction of Class D felony operating a motor vehicle as a habitual traffic violator.
Justices uphold sentence for kidnapping jail officer
In a four-page per curiam decision, the Indiana Supreme Court reinstated the trial court’s 47-year sentence of Roger Bushhorn, who pleaded guilty to charges stemming from his escape, kidnapping and assault of jail officials.
Judge believes court could remove man from sex offender list
Indiana Court of Appeals Chief Judge Margret Robb dissented from her colleagues in a case involving a man who wanted his name taken off the Indiana Sex Offender Registry.
Appellate court affirms reinstatement of father’s license
The Indiana Court of Appeals split Thursday over whether a father who was more than $100,000 behind in child support should be allowed to have his driving privileges reinstated.
Attorney not entitled to prejudgment interest
A southern Indiana lawyer who entered into an agreement with another attorney to handle some of his cases due to his suspension from practice is not entitled to prejudgment interest on his portion of a client fee, the Indiana Court of Appeals held.
Defendant not harmed by refusal to grant mistrial
The Indiana Supreme Court found no harm was done when an uncooperative defendant’s mouth was covered by a bailiff in order to quiet the man, so the trial court correctly denied the defendant’s motion for a mistrial.
Judge: consider corroborative evidence in certain molestation cases
Indiana Court of Appeals Judge John Baker thinks it’s time that corroborative evidence be required in child molestation cases in which the charges are supported by the testimony of a single witness.