Appeals court rules on Ohio River phone-stalking case
The Indiana Court of Appeals has reaffirmed its standing that prosecutors can’t elevate a misdemeanor crime to a felony if the defendant didn’t know the victim worked in law enforcement.
Court opinions
Articles
7th Circuit: Staff should have told inmate to stop taking aspirin
A District Court erred in granting summary judgment for the government on an inmate’s suit claiming his complications from a surgery were the result of the prison medical staff disregarding instructions he stop taking blood thinners prior to his surgery.
Majority upholds dismissal of unemployment benefits appeal
The Indiana Court of Appeals split today on whether a woman’s appeal after she was denied unemployment benefits should be reinstated. The woman claimed she missed the administrative law judge’s phone call because of confusion regarding different time zones.
Justices uphold Baer’s death penalty
The Indiana Supreme Court has unanimously affirmed the denial of a murderer’s petition for post-conviction relief, leaving his death sentence in place.
Law firm files class-action lawsuit for estate planning UPL
A Logansport law firm has filed a class-action lawsuit against an Indianapolis company that the state’s highest court last year determined engaged in the Unauthorized Practice of Law, suing on behalf of thousands of residents for what attorneys estimate could be $10 million to $20 million in damages.
Federal act preempts state law claims
The Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.
Court’s community-service policy is unenforceable
The Indiana Court of Appeals reversed a trial court’s order that an indigent small claims litigant perform community service in lieu of paying a filing fee, holding the informal local rule requiring community service is unenforceable.
Judges order consideration of discovery demands
The 7th Circuit Court of Appeals ordered a Northern Indiana District Court to reconsider a German company’s discovery demands made in relation to a lawsuit pending in Germany over the alleged theft of trade secrets.
COA: Man needed to submit claim under Wage Claims Statute
An employee’s status at the time he or she files the claim is the relevant inquiry in determining whether he or she proceeds under the Wage Payment Statute or the Wage Claims Statute, ruled the Indiana Court of Appeals.
Judges uphold OWI conviction
Even though a man who was temporarily found incompetent was detained in a facility for a period longer than his sentence would have been if he was convicted of Class A misdemeanor operating while intoxicated, the Indiana Court of Appeals upheld the denial of his motion to dismiss the charge.
Judges reverse dismissal of prisoner’s suit
The 7th Circuit Court of Appeals reversed the dismissal of a prisoner’s civil rights suit that stemmed from his lack of gloves while working in the cold to remove tree stumps.
SCOTUS refuses to accept two Indiana cases
The nation’s highest court has refused to take two Indiana cases, including the high-profile abuse and neglect case of 3-year-old TaJanay Bailey that revealed fatal flaws in the state’s child welfare system.
State urges SCOTUS to deny judicial canons case
The Indiana Attorney General’s Office has filed a brief with the nation’s highest court, urging the justices to not hear a case about whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.
3 judges dissent on rehearing denial in stun belt case
The full 7th Circuit Court of Appeals has decided to not rehear an Indiana case about a convicted murder’s ineffective assistance of trial counsel claims relating to a stun belt used in court, though three judges disagreed and felt the northern Indiana federal judge’s decision should be upheld.
Judges reverse dismissal of application to adjust claim
The Indiana Court of Appeals reversed the decision by the full Worker’s Compensation Board that a medical services provider’s application for an adjustment of claim was barred by the two-year statute of limitations found in Indiana Code Section 22-3-3-3. The appellate court relied on a recent decision involving a similar scenario to make its ruling.
New Supreme Court lineup could change pro se case outcome
The Indiana Supreme Court is thinking about rehearing a case it ruled on four months ago, in which a majority at the time created a new rule but offered no guidance for trial judges on informing future defendants about the dangers of proceeding pro se.
Judges differ in interpretation of earlier ruling
A panel of Indiana Court of Appeals judges disagreed today as to whether a man's convictions of attempted sexual misconduct with a minor and attempted dissemination of matter harmful to minors should be reversed because his intended victim was actually a police officer conducting an online sting operation.
COA panel divided on trial court involvement with subpoena
The Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply with a subpoena issued by arbitrators in New York.
Court upholds convictions, sentence of a man who shot Indy officer
The Indiana Court of Appeals affirmed a defendant’s convictions and sentence related to the shooting of an Indianapolis Metropolitan Police Department officer in the summer of 2008.
Judges find enhancement doesn’t violate double jeopardy principles
The Indiana Court of Appeals tackled an issue of first impression in a case involving double jeopardy principles. A defendant’s sentence was enhanced under the Firearm Enhancement Statute following a conviction for reckless homicide.