The Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision in all respects.
In addressing whether a trial court in Indiana erred in dismissing a woman’s petition for modification of child support previously entered in Maryland, the Indiana Court of Appeals noted an incongruity in the statutory scheme that leads to the “somewhat absurd result in this case.”
The Indiana Court of Appeals rejected a defendant’s claim that because he pleaded guilty to Class B felony child molesting instead of a Class A felony, the Credit Restricted Felon Statute shouldn’t apply.
In a case of first impression involving a mother who ingested rat poison in an attempt to kill herself and her unborn child, one Indiana Court of Appeals judge felt that if the feticide statute is applied to women’s prenatal conduct, it might lead to a “slippery slope” in which a full range of a woman’s conduct while pregnant could fall under the feticide statute.
Because the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor battery.
The Indiana Court of Appeals reversed the decision that would allow two homeowners to run a child care operation out of their residences. The homeowners’ association has restrictive covenants in place prohibiting the operation of a child care home.
The 7th Circuit Court of Appeals was presented a novel jurisdictional issue Tuesday: whether a municipal land use case can come within the exception to the doctrine of mootness for cases that are capable of repetition yet elude review.
The Democratic members of the Indiana House who faced fines for failing to attend sessions in protest of right-to-work legislation will be reimbursed any amount withheld in 2011, according to a ruling from Marion Superior Judge David Dreyer. The judge also ordered that any fines imposed this session may not be collected.
After Indiana Secretary of State Charlie White was found guilty of six felony charges Feb. 4, Gov. Mitch Daniels appointed Jerry Bonnet as interim secretary of state. A convicted felon cannot hold statewide office in Indiana.
The city of Anderson was justified in firing an official who failed to support a mayoral campaign, the 7th Circuit Court of Appeals held Friday.
The 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking crime, finding there was sufficient evidence to support the conviction.
The Indiana Court of Appeals will travel to a southern Indiana high school to hear a civil case involving First Amendment claims for a police officer’s private statements.
The Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle when he commits the offense.
The billing agent for a central Indiana volunteer fire department can’t bill individuals involved in auto accidents with their personal vehicles for clean-up costs of hazardous substances, according to the 7th Circuit Court of Appeals.
The 7th Circuit Court of Appeals has upheld the 210-month sentence received by a defendant on remand for attempting to coerce or entice a minor to engage in sexual activity.
A Kansas attorney who was denied admission to join the Indiana bar can’t bring his suit against various state actors in federal court because of the Rooker-Feldman doctrine, the 7th Circuit Court of Appeals ruled Thursday.
The 7th Circuit Court of Appeals issued an opinion Tuesday stating it believes the appellants in a discrimination claim have presented a genuine question of fact that merits further review.
A man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
The Indiana Supreme Court released companion cases Tuesday on the issue of admitting certain expert testimony under Indiana Rule of Evidence 702 in two separate car accident cases.
A police officer who arrested a man and then found a gun in his coat did not violate the man’s rights, the Indiana Court of Appeals held.