State representative’s attacker permanently disbarred
The Indianapolis attorney who violently attacked and attempted to kill a state representative has been permanently disbarred by the Indiana Supreme Court.
Court opinions
Articles
High court reverses habitual offender enhancement
Because the state didn’t offer allowable evidence of a man’s previous theft conviction to support a habitual offender enhancement, the Indiana Supreme Court reversed the enhancement.
Justices dismiss malpractice complaint appeal
The Indiana Supreme Court has vacated transfer to a case involving a proposed medical malpractice claim, finding that the trial court order at issue is not a final appealable judgment.
COA affirms murder conviction
The Indiana Court of Appeals found the state presented sufficient substantive evidence to establish that a man killed his sister’s boyfriend while staying in her apartment.
Appellate court upholds easement ruling
The Indiana Court of Appeals affirmed the trial court judgment in favor of the owners of a RV campground regarding an access easement.
Judges rule on Clark County surveyor’s suit
The Indiana Court of Appeals affirmed summary judgment for the former Clark County surveyor in his request that he should have been involved in a project involving Lancassange Creek. But the judges reversed summary judgment for the surveyor regarding whether he should have been involved in a project in a subdivision.
Judges order pharmacy board to respond to subpoena
A Marion Superior trial court erred in granting the Indiana Board of Pharmacy’s motion to quash a defendant’s subpoena that the board produce a certified copy of “any and all” of his prescription records so he could use the information as defense for the charges of possession of a controlled substance, the Indiana Court of Appeals ruled.
Court upholds summary judgment in favor of New Castle
The Indiana Court of Appeals has affirmed that a contractor and insurance company owe the city of New Castle more than $900,000 in damages and attorney fees for breaching a construction contract.
COA upholds attorney’s 11-year sentence
The Roanoke attorney who stole more than $200,000 from his clients will not have his sentence reduced, the Indiana Court of Appeals decided Wednesday.
Justices divided on whether accident is covered by policy
The Indiana Supreme Court ruled 3-1 Tuesday that an insurer for the Indiana Youth Soccer Association does not have to provide coverage for an accident involving a Carmel team during a trip to Colorado for a soccer tournament.
SCOTUS denies Indiana church dispute
The Supreme Court of the United States has declined to take an Indiana case involving a property and trustee election dispute between the Zion Temple Apostolic Church in Gary and the son of the deceased founding pastor.
Indiana Supreme Court will hear IBM case
The Indiana Supreme Court will decide whether Gov. Mitch Daniels must appear for a deposition and testify in an ongoing lawsuit challenging the cancelled IBM contract to modernize the state’s welfare system.
Judges examine double jeopardy issues in child support case
The Indiana Court of Appeals has found a man’s three convictions on non-payment of child support for his three children don't violate double jeopardy principles, even though that issue is currently pending in another case before the Indiana Supreme Court.
Court finds police lacked reasonable suspicion for stop and search
Finding that an Indianapolis police officer didn’t have reasonable suspicion or consent to stop a man acting suspiciously in a gas station parking lot, the Indiana Court of Appeals has reversed two fraud convictions involving the possession of movie DVDs that weren’t yet on the market.
7th Circuit to hear arguments in NCAA price-fixing lawsuit
The 7th Circuit Court of Appeals hears arguments Monday in a case brought by two former NCAA athletes whose scholarships were revoked after injuries. The litigants claim that they were wrongly denied multi-year scholarships that would have covered the cost of their bachelor’s degrees.
State Supreme Court’s robo-calls ruling carries over to federal lawsuit
A ruling by the Indiana Supreme Court upholding the state’s automated phone call ban has found its way into the briefing of a federal appeal challenging the same statute, and the attorneys disagree on whether the state justices adequately addressed a First Amendment issue.
Judge allows Charlie White to remain in office pending appeal
Recognizing the judiciary has the ability to minimize damage caused by the ongoing Indiana secretary of state court challenge, a Marion Circuit judge has put a hold on his ruling that the state’s top election official be immediately removed from office and a successor appointed.
COA: will can be admitted in Indiana
Relying on the majority rule, the Indiana Court of Appeals concluded that a man’s will that was denied probate in Illinois could be admitted in Indiana to deal with real property located here.
7th Circuit examines traffic ‘turn’ definition
While Indiana statute doesn’t specifically define the word “turning” in the context of traffic law, the 7th Circuit Court of Appeals has held the failure to use a right-hand turn signal at an intersection amounts to a violation and justifies a traffic stop.
COA: post-conviction proceedings not equivalent to civil proceedings
The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.