Federal judge decertifies class in hail-damage suit
On order from the 7th Circuit Court of Appeals, an Indiana judge has decertified the class in a lawsuit against State Farm following a 2006 hail storm in central Indiana.
Court opinions
Articles
Justices address incompetent defendants in 2 cases
The Indiana Supreme Court handed down two opinions Tuesday in which the defendants, who were found to be incompetent at some point, argued that pending charges violated their rights to due process on fundamental-fairness grounds.
Appellate court upholds motion to suppress after traffic stop
The Indiana Court of Appeals agreed with a trial judge that a police officer didn’t have reasonable suspicion to stop a driver believed to be intoxicated.
COA reverses worker’s comp board on prescription drug denial
The Indiana Court of Appeals reversed a finding by the state Worker’s Compensation Board that a woman’s employer isn’t responsible for providing a specific prescription drug to her, noting that the board only focused on one possible reason why the drug is prescribed.
Judges affirm motion to suppress after illegal police entry
An Indiana Court of Appeals judge wrote a separate opinion in an unlawful arrest case, emphasizing that the facts before the court differ from those before the Indiana Supreme Court justices in Barnes v. State.
COA reverses judgment for apartment manager in negligence case
In ruling on a slip-and-fall case involving injury occurring in an apartment complex parking lot during the winter, the Indiana Court of Appeals noted that there are not any Indiana cases with an identical fact pattern, so they looked to a similar Missouri case for guidance.
SCOTUS: Vehicular flight from police is ‘violent’ felony
The nation’s highest court has upheld an Indianapolis federal judge’s ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
COA rules on public utility issues
The Indiana Court of Appeals affirmed in part and reversed in part the decision by the Indiana Utility Regulatory Commission finding United States Steel Corp. acted as a public utility when it delivered electricity and natural gas to another steel producer in northwestern Indiana.
7th Circuit affirms ruling against former jail nurses
In a discrimination and hostile work environment case, the 7th Circuit Court of Appeals concluded for the first time that displays of confederate flags in the workplace may support a hostile work environment claim. However, the judges agreed with the District Court that several African-American nurses formerly employed by a Marion County jail could not support their legal claims.
SCOTUS rules on Indiana ‘crime of violence’ case
The nation’s highest court has upheld an Indianapolis federal judge’s ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
Man’s Sixth Amendment right not violated
The failure of a judge to inquire into a defendant’s written complaint about his public defender didn’t violate the defendant’s Sixth Amendment right to effective assistance of counsel, the Indiana Supreme Court held Wednesday. However, the justices explained if a trial judge finds him or herself in a situation similar to the one presented, that judge should at least receive assurances from the public defender’s office that the complaint has been adequately addressed.
Judges rule on legal malpractice action
The Indiana Court of Appeals concluded that a man has standing to pursue his legal malpractice action, although issues of material fact preclude him from summary judgment as to the attorney’s liability for malpractice.
COA: Statute of repose doesn’t bar woman’s complaint
In a case of first impression, the Indiana Court of Appeals concluded that a woman’s negligence complaint isn’t barred by a statute of repose.
Prosecutor’s conduct leads to child-molesting conviction reversal
The Indiana Court of Appeals said a Tippecanoe County man has the right to a retrial on a child molestation charge because the prosecutor inappropriately vouched for the victim’s credibility and had offered to show the victim a transcript of past statements without the teenager asking for that recollection.
Closing Indiana’s largest MDL line
The final case in the Bridgestone/Firestone multi-district litigation has come to a close in the Southern District of Indiana, putting an end to a line of litigation that began more than a decade ago.
Local counsel rule found unconstitutional
The 7th Circuit Court of Appeals recently ruled that the Northern District of Indiana was essentially creating a built-in appeal issue on ineffective assistance of counsel, and it called out a senior judge for violating a man’s Sixth Amendment right to choose his own lawyer.
High court splits on molestation conviction
The Indiana Supreme Court was divided June 1 in an opinion regarding whether a man could be charged with Class C felony child molesting 16 years after he last molested his stepniece.
Justices rule: No right to resist
The Indiana Supreme Court caught many people off guard when it abolished the common law right of citizens to reasonably resist police from entering their homes, no matter the situation and regardless of whether the entry is legal.
Keeping baseball legal
An Indianapolis sports law attorney who represented a prosecution witness at the start of the baseball steroid case against Barry Bonds recently saw the final “at bat” for the prosecution and defense in a California courtroom.
Touched by controversy
In the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for change in ways that few others do.