Standing behind a decision made by appellate judges about 20 years ago, the Indiana Court of Appeals has again declined to
interpret state statute in a way that allows for a private right of action for failing to report child abuse or neglect.
The Indiana Court of Appeals affirmed the defendant’s sentence that they had increased on appeal in March in an opinion
on rehearing today and addressed the characteristics of an Indiana Appellate Rule 7(B) review.
The Indiana Court of Appeals agreed a Logansport resident has standing to sue his city over the operation and management of
a city park, but that his suit is barred by statutes of limitations.
The inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge"
in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.
The Indiana Supreme Court has set the stage for a judicial disciplinary action against a Marion County Traffic Court judge
for his courtroom conduct on a speeding and suspended license case last year.
Two Indiana Supreme Court justices objected to affirming a man’s drug sentence for possession within 1,000 feet of a
“youth program center” because the church that ran the programs wasn’t easily identifiable as regularly
running programs for kids.
The 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an
alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s
motion to dismiss because he failed to meet any of the law’s exhaustion requirements.
At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.
Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.
The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal
sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.
An Indiana Court of Appeals ruling today sets requirements for drug court terminations after a man’s participation was
terminated without minimum due process.
For the first time since the Supreme Court of the United States’ 2009 ruling that found a defendant had a Sixth Amendment
right to confront the analysts who prepared lab certificates certifying the defendant had cocaine, the Indiana Court of Appeals
ruled that a trial court did not violate the defendant’s right to confrontation by allowing the inspection certificate
for a breathalyzer into evidence, even though the certifier of the equipment did not testify at trial.
A trial court's determination to discharge a jury at a defendant's second trial wasn't an abuse of discretion,
the Indiana Supreme Court ruled Tuesday.
Upholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered
guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining
punitive damage awards.
The Indiana Court of Appeals has rejected an argument that evidence found in a trash search was stale because no other garbage
had been collected in the past two weeks and that seized material could have been too old.
Addressing an issue that’s divided the state’s intermediate appeals judges, the Indiana Supreme Court has held
that review under Appellate Rule 7 may include consideration of a person’s total penal consequences within a trial court
sentence.
A liability lawsuit filed by the victims of a water-heater explosion a year after the May 2004 blast has erupted in its own
metaphorical explosion of discovery disputes.
Envision a world in which lawyers successfully defended a client on what all parties thought was a significant legal issue,
but future attorneys couldn’t use that case result to help persuade judges in their litigation.
The status as a sexually violent predator for two inmates stands for now, but the Indiana Court of Appeals directed the men
to refile their motions to remove that status pursuant to the recently amended statute dealing with this issue.
Highlighting the highly controversial health care debate that’s played out during the past year, the 7th Circuit Court
of Appeals today ruled on a pretty straightforward case about a pre-existing condition clause that denied a man’s claim
for long-term disability benefits.