Appellate judges will hear arguments in East Chicago
A panel of Indiana Court of Appeals judges will travel to northern Indiana Thursday to hear the appeal of a man convicted of attempted murder.
Court opinions
Articles
Judges uphold admission of robbery confession
A trial court did not err in admitting evidence of uncharged misconduct from another incident during a defendant’s trial for robbery, the Indiana Court of Appeals ruled Monday. The evidence contained a letter that helped corroborate the man’s confession to the robbery.
Justices agree subsidiaries are not new employers
Emphasizing its ruling only deals with determining the proper merit rate for unemployment fund contributions, the Indiana Supreme Court ruled a manufacturer did not create employers through its new subsidiaries, so it wasn’t entitled to a lower rate.
Circuit Court rules in favor of utility
The 7th Circuit Court of Appeals has affirmed summary judgment in favor of a Louisville utility in a dispute as to whether landowners could eject the utility from their property after violating portions of the lease. The appellate judges also declined to certify a question to the Indiana Supreme Court.
Justices suspend attorney for collecting ‘exploitive fee’
The Indiana Supreme Court has suspended an Indianapolis attorney after finding he engaged in attorney misconduct by collecting a “clearly unreasonable and exploitive fee” from a vulnerable client.
Court: CHINS fact-finding hearing required by due process
The Indiana Court of Appeals disagrees with the state Department of Child Services that fact-finding and dispositional hearings in a child in need of services case are interchangeable. The appellate panel has ruled a Marion County father’s due process rights were denied because he didn’t receive the opportunity for a fact-finding hearing.
Justices uphold murderer’s convictions
The Indiana Supreme Court has affirmed that a man will serve life in prison without parole for his role in the murders of seven people in Indianapolis in 2006.
Appeals court reverses judge on visitation ruling
The state’s intermediate appellate court has reversed a southern Indiana judge’s ruling that a boyfriend should retain visitation rights over an ex-girlfriend’s child. It ruled that the finding is contrary to law because lawmakers didn’t allow for that type of circumstance to warrant visitation.
Federal judge finds U.S. law preempts state ‘robo-call’ statute
The state is not able to prevent out-of-state entities from placing political calls to residents within Indiana because of an existing federal law, according to a federal judge’s ruling on Indiana’s auto-dialer statute.
BLE will strike broad question, revise other
The Indiana Supreme Court’s Board of Law Examiners is cutting one controversial question from its annual bar exam application and will revise another in order to comply with a federal judge’s recent ruling.
Justices clarify police resistance ruling
Emphasizing that it’s not trampling on the Fourth Amendment and allowing police to illegally enter one’s home, the Indiana Supreme Court has revisited a case it decided four months ago and reinforced its ruling that residents don’t have a common law right to resist police entering one’s home.
Judges rule on issues stemming from cemetery case
The Indiana Court of Appeals ruled on matters involving alleged looting of cemetery funds in two cases Monday, upholding the denial of class certification in one case and adopting a “plain legal prejudice” standard in the other case.
COA: woman not denied right to confrontation
In a woman’s appeal of her prostitution conviction, the Indiana Court of Appeals addressed the right to confront witnesses and its interrelationship with hearsay evidence.
COA reverses trial court’s ruling in favor of attorney
The Indiana Court of Appeals has reversed a trial court’s grant of summary judgment in favor of an attorney who failed to monitor an estate checking account while serving as the estate’s counsel.
Elements of crimes did not occur in Indiana
The Indiana Court of Appeals ordered that charges be dropped against a pair living in Houston who faced counterfeiting and theft charges, finding the trial court lacked territorial jurisdiction.
Federal judge: 1 bar exam application question goes too far
A federal judge has found that one of the Indiana bar exam application questions violates the Americans with Disabilities Act because it infringes on potential lawyers’ privacy rights.
Man’s conviction hinges on ‘induce’ definition
The Indiana Court of Appeals had to determine how to interpret the term “induce” related to a man’s contributing to the delinquency of a minor case and upheld his conviction based on the term’s dictionary definition.
Judges uphold involuntary commitment
When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.
COA finds 2007 version of statute is an ex post facto law
The Indiana Court of Appeals has reversed in part a man’s petition for post-conviction relief challenging the finding that he is ineligible to petition for a change of status regarding being a sexually violent predator. The 2007 version of the applicable statute is an unconstitutional ex post facto law as applied to him.