The Indiana Supreme Court was divided in two ways in a case involving Indiana Post-Conviction Rule 2: on what standard to use to judge the performance of PCR 2 counsel and whether a defendant should be allowed to appeal the denial of his petition to file a belated direct appeal.
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for permission to file a belated notice of appeal, finding that she waived the right to challenge her sentence in a direct appeal.
The Indiana Court of Appeals reversed the award of attorney fees to a daughter who was sued by her mother following a fall, finding there were no valid legal conclusions justifying the award.
Because a defendant repeatedly maintained his innocence to Class A felony child molesting at his guilty plea hearing but also pleaded guilty to the charge, the trial court erred in accepting his plea, the Indiana Court of Appeals ruled.
The Supreme Court of the United States has ruled that a federal law requiring sex offenders to update their registration when crossing states lines doesn’t automatically apply to those who committed their crimes before the law was passed.
The Indiana Supreme Court has affirmed a $1 million excess damages award from the Indiana Patient’s Compensation Fund to the estate of a man who died following a truck accident, determining the fund is not entitled to a reduction of the award to account for the 20 percent chance the man would have died even without the doctor’s negligence.
There was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a license and ordered that the juvenile court correct its dispositional order.
The Indiana Court of Appeals has affirmed the denial of a payday loan company’s motion to compel arbitration in a lawsuit filed by a customer. The COA relied on a nearly identical case involving the same plaintiff in which another appellate panel found that since the arbitrator named in the agreement is no longer available, the arbitration provision is null and void on grounds of impossibility.
The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.
The Indiana Supreme Court has affirmed the decision by the Review Board of the Indiana Department of Workforce Development granting unemployment benefits to Chrysler workers who took voluntary buyouts.
The Indiana Court of Appeals rejected a man’s argument that he should be allowed to use intoxication as a defense to his criminal charges because the prescription medication that caused his strange behavior was taken for valid medical purposes.
The majority of Indiana Supreme Court justices found the trial court was within its discretion to dismiss a personal injury action because of the plaintiff’s attorney’s actions.
In a three-page per curiam opinion released Wednesday by the Indiana Supreme Court, the justices reversed a juvenile’s determinate commitment to the Department of Correction for committing what would be felony murder if committed by an adult.
The Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t appeal the original ruling.
An Indiana Court of Appeals judge dissented from his colleagues in a Criminal Rule 4(B) motion for discharge case, disagreeing with the interpretation of language in Jenkins v. State regarding the relevant time for purposes of determining whether a defendant can file a pro se motion for a speedy trial.
The 7th Circuit Court of Appeals has upheld an Indiana statute that prevents alcohol retailers from shipping their products to consumers by using a motor carrier such as UPS, and the state has the authority to regulate those shipments through the 21st Amendment.
Read summaries of the For Publications from the Indiana appellate courts and the 7th Circuit Court of Appeals.
A Hancock County deputy prosecutor has received a public reprimand from the Indiana Supreme Court for surrendering prosecutorial discretion and allowing a corporate check fraud victim to
dictate the terms of restitution as a pre-condition to a plea agreement.
State law allows a trial court to decline to hold a jury trial and limit its review of a local municipality’s administrative decision, according to the Indiana Court of Appeals.
The 7th Circuit Court of Appeals has determined the Warrick County Sheriff’s Department didn’t break the law when it fired a probationary deputy sheriff based on violations of standard operating procedures, failure to follow orders and insufficient commitment to the job.