Finding that a trial judge and Indiana Department of Child Services didn’t follow the law before involuntarily terminating parental rights, the Indiana Court of Appeals has sent the case back to Elkhart Circuit Court.
The state’s rules of evidence don’t allow for “vouching testimony” in child sex abuse cases to help determine when a youth isn’t exaggerating, and the Indiana Supreme Court won’t carve out an exception allowing for that testimony in these types of cases.
The 7th Circuit Court of Appeals has determined that enough probable cause existed to justify a search warrant that led to a man’s jury convictions on drug charges.
The Indiana Court of Appeals has reversed a decision in favor of a title company, finding that the trial court must re-examine the case to decide if the two property owners have an action for negligent contract misrepresentation relating to a land easement dispute.
The Indiana Court of Appeals has ordered a new trial for a woman convicted of felony methamphetamine dealing, finding that the Hendricks Superior judge should have instructed the jury on a lesser-included offense of methamphetamine possession.
A police officer who was injured in the 1980s and received disability benefits – but later was physically able to rejoin the police department – is statutorily prohibited against returning to the force, the Indiana Supreme Court decided in answering a certified question.
The union that filed a lawsuit last month in federal court challenging Indiana’s “right-to-work” law has withdrawn its emergency motion for a temporary restraining order.
Because there was no causal connection established between misuse of the corporate form and fraud or injustice, the Indiana Court of Appeals reversed the trial court’s decision to pierce the corporate veil.
The Indiana Court of Appeals found that a woman’s lawsuit for unpaid wages should have first been brought before the Indiana Department of Labor before she filed her action.
The Indiana Court of Appeals has affirmed the denial of a defendant’s motion to suppress an incriminating statement to a detective because the defendant initiated the discussion and understood his Miranda rights before speaking.
The 7th Circuit Court of Appeals, which likened modern cell phones to computers, had to decide whether police could search a man’s phone for the phone’s number without a search warrant.
The Indiana Court of Appeals has ruled in favor of a southwestern Indiana car dealer being sued by a customer for injuries in a car accident under the Indiana Products Liability Act after Chrysler LLC filed for bankruptcy.
The parents of a teenager killed in a crash during a drag race cannot recover funds in their individual capacities under their automobile insurance underinsured motorist provisions, the Indiana Court of Appeals concluded.
The Indiana Court of Appeals has reversed a man’s conviction of Class D felony sexual battery because the defendant’s actions don’t qualify for sexual battery under Indiana statute. It ordered the man be convicted of Class B misdemeanor battery.
A divided Indiana Court of Appeals has reversed the decision of a Marion Superior judge that denied a California attorney’s motion to dismiss a defamation lawsuit filed by Herbert and Bui Simon for lack of personal jurisdiction. The lawsuit stems from comments the attorney made to an Indianapolis television station regarding lawsuits involving the Simons.
The Indiana Court of Appeals has upheld the decision by a trial court to dismiss a company’s state law claims against a labor union, finding those claims are preempted by a decision of the National Labor Relations Board.
The Indiana Court of Appeals has found that a trial court erred in concluding that the Family and Social Services Administration’s preferred claim for reimbursement of Medicaid benefits against an estate was not timely filed.
In a case of first impression, the Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a motorcyclist injured in a crash. One judge disagreed with the majority decision, stating the opinion is contrary to sound public policy.
Read for publication decisions from the 7th Circuit Court of Appeals and Indiana appellate courts from Feb. 9-22, 2012.
The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.