Judge awards $42 million in back pay suit
A Marion Superior judge is awarding more than $42.4 million to a class of thousands of former state employees who sued to recover back pay for unequal wages earned between 1973 and 1993.
Court opinions
Articles
COA: Switchblade ban not unconstitutional
A portion of Indiana Code that prohibits a person from owning a switchblade isn't unconstitutional as applied to a defendant and doesn't place a material burden upon the core value of the right to defend herself, the Indiana Court of Appeals ruled today. At issue in April Lacy v. State of Indiana, No. 31A04-0810-CR-571, is […]
Justices split in traffic-stop decision
The Indiana Supreme Court justices were split in their decision issued Dec. 31 on whether a defendant's state and federal constitutional rights were violated when police questioned him about weapons and drugs after he was pulled over for a traffic violation.
Judge: Officer is entitled to qualified immunity
A federal judge ruled in favor of a defendant police officer in a suit alleging he conducted a warrantless and unreasonable search of a home to find a gun mentioned in a 911 call.
COA: Man’s sentence could be increased
The Indiana Court of Appeals determined the recent ruling by the state's highest court regarding upward sentence revisions was applicable to a defendant's sentence.
Officer safety justified opening ajar car door
The opening of an ajar car door by a police officer during a foot chase with a suspected robber didn't violate the man's federal or state constitutional rights, the Indiana Court of Appeals concluded today.
COA decides eminent domain case
In considering a common arrangement between a utility company and property developer, the Indiana Court of Appeals has given a green light for that utility to exercise eminent domain when a developer is financing a sewer line extension to a proposed housing development.
COA: Wife is liable for mortgages
The Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure; however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
Judges disagree in police entry case
An Indiana Court of Appeals judge dissented from his colleagues' decision denying a man's motion to suppress evidence because he didn't believe the police officers were justified in kicking down the man's door and entering his apartment. In his dissent in Luis E. Duran v. State of Indiana, No. 45A03-0811-CR-569, Judge Carr Darden cited the […]
Court rules on adult-business ordinance
Six years after the city of Indianapolis amended its adult-business ordinances, the 7th Circuit Court of Appeals has ordered the District Court to hold an evidentiary hearing on whether the restricted hours in the new ordinance violate the businesses' constitutional rights.
Court: grandparent visitation survives adoption
State statute clearly allows grandparent visitation to survive a child's adoption by another biological grandparent, the Indiana Court of Appeals has ruled.
Single order can have more than 1 disposition
The Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the Department of Correction and in the same order also require probation after release.
Judges uphold contingent fees award
The contingent fee contract a law firm entered into with a city regarding a sewer fee dispute, which ultimately led to the firm collecting nearly 10 times more than the city anticipated, was valid and reasonable, the Indiana Court of Appeals affirmed today.
COA judge recuses himself from case
The Indiana Court of Appeals granted a rehearing in John Pickett v. State of Indiana, No. 47A01-0807-CR-322, to address whether Judge Cale Bradford should have recused himself because his ex-wife, Kimberly A. Jackson, represented John Pickett on appeal.
Court: Murderer not eligible for parole
The Indiana Supreme Court ruled that a man serving two life sentences for his 1975 murder convictions isn't eligible to seek parole under the laws in effect at the time the murders took place, but could seek clemency though the Indiana Parole Board.
COA: findings don’t support attorney fees
The Indiana Court of Appeals remanded a case today involving attorney fees – the appellate court questioned whether the Indiana High School Athletic Association was trying to dissuade appeals by athletes – because the findings of the case currently don't support the judgment.
Justices issue ruling in casino revenue case
The Indiana Supreme Court ruled today on an ongoing appeal about how casino revenue is funneled to a for-profit organization in East Chicago, an issue that has also been raised in an ongoing federal racketeering suit in northern Indiana.
Court upholds sentence-reduction denial
Even though a defendant may be eligible for a sentence reduction under new crack cocaine sentencing guidelines, it is up to the District Court's discretion to grant a reduced sentence, the 7th Circuit Court of Appeals ruled today.
First impression in utility fee case
In a matter of first impression, the Indiana Court of Appeals had to determine whether the Indiana Utility Regulatory Commission properly reviewed the rates and fees charged by a regional sewage district at the request of a campground owner.
Justices: new Terre Haute election not needed
A special election isn't needed to determine the rightful mayor of Terre Haute, the Indiana Supreme Court ruled today.