Justices order new trial for Ripley County man
A Ripley County man convicted of conspiring to commit burglary is entitled to a new trial due to ineffective assistance of his trial counsel and prosecutorial misconduct, the Indiana Supreme Court held.
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7th Circuit certifies questions for Kansas Supreme Court
The 7th Circuit Court of Appeals was unable to determine under Kansas law how that state’s Supreme Court would rule on whether FedEx drivers are employees or independent contractors, so the court sent two certified questions to the Kansas justices.
Man who killed girlfriend may be retried for reckless homicide
The post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the same charge, but may face retrial for reckless homicide.
Judges disagree over impact of mental illness label at sentencing
7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts should testify about his mental illness.
7th Circuit upholds conviction over DEA agent withholding evidence
A man convicted of federal charges of distributing cocaine was not deprived a fair trial after a government agent failed to record or relay exculpatory evidence from a co-defendant, the 7th Circuit Court of Appeals ruled Friday.
7th Circuit affirms life sentences in prostitution ring
Two men sentenced to life in prison on an assortment of federal charges related to a prostitution ring involving underage girls that operated in northwest Indiana failed in their appeal before the 7th Circuit Court of Appeals on Friday, but judges asked the trial court to clarify the sentence for a third defendant.
Drunken driving conviction affirmed; lesser included charge vacated
A Marion Superior Court conviction in a drunken driving case was affirmed Thursday by the Indiana Court of Appeals, but the court ordered a lesser included charge on which the driver was convicted be merged.
Appeals court upholds, tweaks division of IRA in divorce
A husband’s individual retirement account is a divisible asset in a divorce, the Indiana Court of Appeals ruled, but it ordered the trial court to revise the award to reflect an equal division of both parties’ assets.
7th Circuit reinstates insurer’s case against shipper
An insurer’s lawsuit against an Indianapolis-based shipping company involving a loss of more than $1 million has been reinstated by the 7th Circuit Court of Appeals.
Mom’s contempt judgment affirmed in educational support dispute
The Indiana Court of Appeals on Tuesday affirmed a trial court’s finding that a mother was in contempt for violating a court order on educational support for her college-age daughter and that she pay a recalculated proportion of those costs and the father’s attorney fees.
Appellate judges affirm previous decision in paternity dispute
A divided Indiana Court of Appeals on Tuesday reaffirmed its original opinion in In Re: The Matter of the Paternity of S.C.: K.C. (Appellant), and C.C. (Appellee), and B.H. (Appellee-Intervenor), 30A01-1107-JP-322, in which the appellate court affirmed the Hancock Circuit Court’s grant of B.H.’s verified petition for relief from judgment for fraud upon the court.
Zoeller: Indiana to get $6.3 million in drug-maker settlement
Indiana will receive more than $6.3 million as part of a national Medicaid fraud settlement with drug-maker GlaxoSmithKline, Attorney General Greg Zoeller said in a statement Monday.
PNC entitled to summary judgment under res judicata
The Indiana Court of Appeals affirmed the ruling of the Marion Superior Court that granted summary judgment in favor of the defense in Wells Fargo Bank, N.A., f/k/a Wachovia Commercial Mortgage Inc. v. PNC Bank, N.A. f/k/a National City Bank of Indiana, 49A02-1111-PL-1004.
Trial in absentia did not violate due process
The due process rights of a man charged with two counts of Class C felony non-support of a dependent child were not violated when he was tried in absentia and without trial counsel, the Indiana Court of Appeals ruled.
Legal nullity sends zoning decision back to BZA
The Indiana Court of Appeals ruled that a matter brought by the owners of a cottage on Lake Gage in Steuben County be remanded to the Steuben County Board of Zoning Appeals because the BZA’s decision granting the homeowners a development standards variance with a void condition was a legal nullity.
Supreme Court review focuses on Shepard’s legacy
The Randall Shepard era of Indiana’s Supreme Court is over, but in his last full year on the court, the former chief justice continued a legacy of consensus building and restoring primacy to the state Constitution.
Indiana’s immigration law reeling
Attorneys say the U.S. Supreme Court ruling in Arizona case likely dooms parts of Indiana’s law.
Supreme Court emancipation, support ruling draws sharp dissent
A 3-2 Indiana Supreme Court decision in a case involving a child’s emancipation and a father’s contribution toward her education resulted in a tough dissent from two veteran justices.
Justices divided over man’s conviction of criminal trespass
The state failed to prove an essential element of criminal trespass, according to one Indiana justice, so he dissented from his colleagues’ decision to uphold a man’s conviction stemming from his refusal to leave his bank.
Court upholds judgment in favor of Cedar Lake
A fired employee’s claim that he had a constitutionally protected interest in his job with the Town of Cedar Lake and that he was entitled to due process before being fired failed on appeal.