Judges: Officers lacked reasonable suspicion to stop and detain man
Because a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court of Appeals reversed his drug conviction today.
Court opinions
Articles
Rule inapplicable as witness’s credibility not attacked
The Indiana Court of Appeals found a trial court didn’t err by not letting a defendant introduce evidence of his brother’s prior robbery because the defendant wasn’t attacking the brother’s credibility.
Appellate court upholds enforcing settlement agreement
The Indiana Court of Appeals affirmed a Marion Superior judge’s decision to enforce a disputed settlement agreement, finding the parties agreed to the essential terms resolving the issues between them.
ALJ didn’t inform vocational expert on the totality of claimant’s limitations
The 7th Circuit Court of Appeals reversed a District Court’s upholding of the Social Security Administration’s denial of a woman’s application for benefits because the Administrative Law Judge erred by not including her moderate limitation on concentration, persistence, and pace in the hypothetical he posed to a vocational expert.
COA: admitting teen’s confession was a fundamental error
An Indiana Court of Appeals decision today places a burden on police officers to make sure interview room video cameras don’t infringe upon meaningful consultation when a juvenile is involved.
Circuit Court reverses stay on producing public records
A northern Indiana District Court was wrong in granting a Wisconsin city’s motion for a stay, which allowed the city to withhold public records from the bank suing it for violating securities law, the 7th Circuit Court of Appeals concluded today. The issue was whether the order issued by a state court for the city to produce the documents could be stayed by federal law because the request constituted discovery proceedings.
Opinion regarding insurance company considers definition of ‘ever’
An Indiana Court of Appeals panel was split in an opinion released today that considered the definition of “ever” on a home insurance application when it came to whether the homeowners insurance coverage was ever “declined, cancelled, or non-renewed.”
Judges reverse support modification for lack of jurisdiction
The Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely troubling.”
Appellate court affirms judgment in coverage dispute
Indiana Evidence Rule 407 may bar evidence of subsequent insurance policy revisions offered to resolve ambiguity in an executed insurance contract, the Indiana Court of Appeals held today.
Mendenhall gets 40 years for attack
Augustus Mendenhall, the attorney who attacked an Indiana state representative last year, received a 40-year sentence today from a Hamilton County judge.
COA: Summary judgment wrong in foreclosure suit
A mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals ruled today for the first time.
Judges uphold OWI conviction
The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.
Chief’s recusal results in split Supreme Court
The same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall T. Shepard.
Judges: disparagement provision not violated
The 7th Circuit Court of Appeals twice declined to certify questions to the Indiana Supreme Court a litigant raised in his appeal of a suit involving alleged violations of a non-disparagement clause in a settlement agreement.
Appellate court finds garage insurance policy doesn’t cover injuries
For only the second time, the Indiana Court of Appeals has addressed the language in a garage insurance policy, and upheld partial summary judgment in favor of the insurer.
7th Circuit: Drug convictions stand
The 7th Circuit Court of Appeals affirmed drug convictions against two defendants, holding the lower court didn’t err in admitting a police officer’s voice identification testimony regarding one of the defendants.
Justices take legal-malpractice insurance case
The Indiana Supreme Court granted transfer to a case in which a legal professional liability insurer claimed it didn’t receive actual notice of claims against the attorney, so the former clients couldn’t collect under the plan.
Judges remand securities fraud case on statute-of-limitation issue
The Indiana Court of Appeals has ordered a trial court to reconsider whether it should discharge certain charges of securities fraud because the charges fall outside the statute of limitation.
Dismissal of delinquency petition doesn’t endanger public
A juvenile court didn’t err in dismissing a delinquency petition against a teen who was found to be incompetent to stand trial, the Indiana Court of Appeals ruled today. The judges also found dismissing the petition did not unduly endanger the public.
Court rejects man’s explanation of ‘briefly’
A man charged with a drug dealing offense near a school wasn’t entitled to a jury instruction stating he was only “briefly” within 1,000 feet of school property because the drug transaction was short in time even though it happened at his house, the Indiana Court of Appeals ruled today.