Group can’t challenge high school closure
The Indiana Court of Appeals affirmed the dismissal of a parent and taxpayer group’s legal challenge to the closing of a Fort Wayne school, finding the decision doesn’t violate the state constitution.
Court opinions
Articles
7th Circuit sends Corcoran case back to trial court
Following a remand from the United States Supreme Court in late 2010, the 7th Circuit Court of Appeals admitted it made mistakes in its recent decision involving a convicted murderer’s appeal and sent the case to the District Court to address habeas relief claims.
COA splits on reversing convictions for Batson violation
A divided Indiana Court of Appeals reversed a defendant’s convictions, including attempted battery with a deadly weapon, finding the state’s explanations for striking the only African-American from the jury were pretextual and purposeful discrimination.
Justices uphold admitting juvenile’s confession
The Indiana Supreme Court has found that a juvenile court didn’t err in admitting a teen’s confession, finding the boy was given the opportunity for meaningful consultation with his mother and that he knowingly waived his rights. The justices did also emphasize that the waiver used should be altered to make it more clear.
High court questions whether transactions are leases or security interest sales
Examining whether a transaction between two businesses is a lease or a sale subject to security interest, the Indiana Supreme Court has adopted an approach used in Colorado. The court held that various factors, such as the economy, must be considered in each situation to decide that question.
Court won’t recognize non-fiduciary liability
Indiana doesn’t allow people to sue when they’ve had corporate opportunities taken away by business partners who’ve gone off and formed new partnerships with others, and the state Court of Appeals declined to decide whether non-fiduciaries can be held liable for usurping corporate opportunity.
Justices rule on lawyer liablity coverage case
Questions exist as to whether the professional liability coverage carrier for a disbarred attorney misled two former clients about helping them collect on legal malpractice claims.
Supreme Court aligns with trial court in dog-attack case
The Indiana Supreme Court has affirmed a trial court judge’s finding that the city of Evansville and its animal control division are not liable in a dog attack that seriously injured a boy.
Justices rule vehicular flight from police is ‘violent’ felony
The nation’s highest court affirmed 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.
Annual Supreme Court review shows more agreement, shifts in alignment
Welcoming a new justice was undeniably the most notable moment for the Indiana Supreme Court in 2010. That lineup change captured the headlines, but it’s not the only item of interest for Indiana court-watchers.
SCOTUS rules on Wal-Mart class-certification case
With a ruling from the nation’s highest court, an Indianapolis federal judge and the 7th Circuit Court of Appeals learned they were correct in how they decided a sex-bias suit involving Rolls Royce.
Court hears appeal over state’s objections
A man who appealed his burglary conviction over the state’s objection did not fully understand the terms of his plea agreement, the Indiana Court of Appeals held Friday.
COA vacates conviction on double jeopardy grounds
The Indiana Court of Appeals has ruled that a man who helped participate in a robbery that left the victim blind must be cleared of a criminal confinement conviction because the same evidence may have been used to convict him on another charge.
Judge: video games don’t infringe on Dillinger trademark
A federal judge has shot down a lawsuit brought by heirs of notorious bank robber John Dillinger over the depiction of the Dillinger name in video games based on the classic movie "The Godfather."
Ex-prosecutor gets 4-month suspension
Former Delaware County Prosecutor Mark McKinney has been suspended for 120 days, the Indiana Supreme Court announced Thursday. The suspension begins July 28, with automatic reinstatement upon its conclusion, subject to the conditions of Admission and Discipline Rule 23(4)(c).
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.
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.