Court opinions - The Indiana Lawyer

COA reverses and remands CHINS finding regarding stepfather

February 15, 2011

After the juvenile court adjudicated two minor children as children in need of services following their mother’s admission to allegations filed by the Indiana Department of Child Services, the majority of a Court of Appeals panel today reversed and remanded that finding in favor of the stepfather, who denied the allegations and asked for a fact-finding hearing. One Court of Appeals judge dissented, writing that she disagreed that the trial court violated the stepfather’s right to due process in this case.

Distribution of judicial decisions still evolving

February 15, 2011

Nestled on a top shelf in the Indiana Supreme Court’s law library, the book doesn’t stand out, and one might not look at it any differently than the others nearby.

Traffic judge’s suspension begins Feb. 22

February 14, 2011

A 30-day suspension without pay begins next week for Marion Superior Traffic Judge William Young.

Court reverses class certification in hail-damage action

February 14, 2011

The 7th Circuit Court of Appeals has reversed the class certification granted by the District Court in a suit brought by unsatisfied homeowners following a 2006 hailstorm in central Indiana.

Judges reverse denial of motion to suppress

February 14, 2011

The Indiana Court of Appeals overturned the denial of man’s motion to suppress, finding the traffic stop that resulted in his drunk driving arrest wasn’t supported by reasonable suspicion.

Attorney reprimanded for charging unreasonable fees

February 14, 2011

The Indiana Supreme Court has publicly reprimanded a Hamilton County attorney for violating Indiana Professional Conduct Rule 1.5(a) by making agreements for and charging unreasonable fees.

Lawyer suspended for 180 days due to conduct during disciplinary process

February 11, 2011

The Indiana Supreme Court has ordered a six month suspension for an Indiana lawyer who primarily practices in Michigan, not because of the misconduct committed, but more specifically because of the attorney’s bad behavior during the disciplinary process.

Court rules on child support nonpayment case

February 11, 2011

Just because someone doesn’t pay child support for more than one son or daughter doesn’t mean the person can be charged more than once for that criminal nonpayment if there’s only one support order issued.

Justices find statute doesn’t apply to landfill facility

February 10, 2011

The Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that a new law doesn’t apply to the facility or require it to get a new permit.

Appeals court reverses summary judgment for pharmacist, CVS

February 10, 2011

The Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment in favor of the drug store and pharmacist in a negligence suit.

Man gets 10 years for human trafficking

February 10, 2011

The first person convicted of human trafficking in Marion County has received 10 years on the charge.

Supreme Court affirms admitting English transcript at trial

February 9, 2011

English language translation transcripts of statements recorded in foreign language, if otherwise admissible, may be properly considered as substantive evidence, the Indiana Supreme Court ruled Wednesday.

Judge reverses probate court in first opinion

February 9, 2011

Judge Martha Wentworth has handed down her first opinion as Indiana’s Tax Court judge. In her decision, she reversed the probate court’s finding that an estate didn’t have to file an inheritance tax return on checks issued to a deceased woman’s brother on an annuity contract.

Justices uphold modification of physical custody to father

February 8, 2011

A majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to support the modification.

Judges order new PCR hearing on guilty plea issue

February 7, 2011

The Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory or involuntary.

COA reverses father’s visitation of adopted daughter

February 7, 2011

Although one Indiana Court of Appeals judge concurred that a biological father’s petition granting visitation with his daughter should be reversed, he urged legislators and the Indiana Supreme Court to reconsider the issues raised in this case to “avoid equally unjust results in future cases.”

Judges affirm judgment for real estate agent on negligence claim

February 4, 2011

The Indiana Court of Appeals affirmed that a real estate agent representing buyers did not breach the duty he had to the sellers when he communicated with them personally about accepting his clients’ offer.

Justices order man to be re-sentenced

February 3, 2011

A man who received 50 years for murder should be re-sentenced because of conflicting amendments involving the penalty for murder at the time the judge handed down the sentence, the Indiana Supreme Court ruled today.

7th Circuit extends search, detainment precedent

February 1, 2011

More than two decades ago, the 7th Circuit Court of Appeals said that a higher precedent allowed not only residents of a home being searched to be detained, but also that visitors to that location could be detained.

Florida judge rules health-care law unconstitutional

January 31, 2011

A federal judge in Florida has found that Congress has exceeded its authority in passing sweeping health-care reform in 2010 by including the individual mandate that people must purchase health insurance by 2014 or pay a penalty. Indiana had joined with 25 other states, two individuals, and the National Federation of Independent Business to challenge the law.

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