COA: Evidence sufficient for church intimidation conviction
A man’s felony conviction for intimidating members of his former church will stand, but his case has been remanded to clarify he is not permitted to have a firearm during probation.
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Man who brutally beat wife loses intimidation, sentence appeal
A Fort Wayne man sentenced to 12 years in prison after he broke his divorcing wife’s jaw in a brutal domestic violence assault, in which he also threatened her with a knife, lost his appeal Friday.
COA upholds denial of guilty plea withdraw in attempted murder case
Two attempted murder convictions entered in a Brown County court will stand after the Indiana Court of Appeals agreed with a trial court that the offender did not provide a “fair and just reason” to withdraw his guilty pleas.
Reversal: COA enters judgment for providers in med-mal case
A woman’s medical malpractice claim over a failed femur rod was filed too late and should not have been allowed to proceed, the Indiana Court of Appeals ruled Friday, reversing a northern Indiana trial court.
Gambler dad not in contempt over horse saddle dispute
A father ordered to purchase a horse for his daughter in a paternity order cannot be held in contempt for failing to first buy a saddle if he wasn’t held in contempt for failing to buy the horse, an appellate court held Friday.
7th Circuit: Finish Line, resale company’s breach dispute rightly tossed
A shoe resale company couldn’t convince the 7th Circuit Court of Appeals that its contract with Indianapolis-based Finish Line Inc. was breached, or that the language of the parties’ agreement was ambiguous and provided for an extension.
Majority of Indiana justices rule for NIPSCO in rate fight
Asserting in a 3-2 decision that allowing a group of angry industrial ratepayers to prevail could cause the lights to go out and the furnace to switch off, a split Indiana Supreme Court has upheld a utility’s petition to raise customers’ electric bills. The NIPSCO Industrial Group had challenged Northern Indiana Public Service Co.’s second […]
Land sale proceeds ordered released in long-running Bloomington dispute
The Monroe Circuit Court’s latest orders in a real estate dispute dating to 2002 were largely affirmed Friday, but the Indiana Court of Appeals ordered the trial court to release proceeds of a land sale that it had been retaining.
Cass County prosecutor elected to lead IPAC board
A new chair has been chosen to lead the Indiana Prosecuting Attorneys Council’s Board of Directors following an election that took place last week.
Applications being taken for PACER review committee
The federal judiciary is seeking members for the new Electronic Public Access (EPA) Public User Group, which is being formed to provide advice and feedback on the court’s Public Access to Court Electronic Records (PACER) system. Up to 12 individuals will be selected from the legal sector, media, academia, government agencies, the public and other entities that use PACER to serve for two years on the group.
Retired Lake County judge certified as senior judge
The Indiana Supreme Court has certified a new senior judge to serve in Indiana courts.
Divided Supreme Court upholds civil forfeiture reimbursement of law enforcement
The practice of diverting civil forfeiture proceeds away from the Common School Fund to reimburse law enforcement costs is constitutional under Article 8, Section 2 of the Indiana Constitution, the Indiana Supreme Court has ruled, answering the longstanding question of whether the constitution requires all forfeiture proceeds to go to the Common School Fund.
Justices: Principal office, not agent location, determines venue
A divided Indiana Supreme Court has determined that an organization’s principal office, not the location of its registered agent, is the appropriate preferred venue. The ruling in similar consolidated medical malpractice cases affirms one trial court and reverses another.
Supreme Court rejects DCS ‘piecemeal litigation’ in CHINS cases
In response to the question of whether the Department of Child Services can file successive CHINS petitions based on evidence available at the time of the original petition — a practice that has drawn ire from the Indiana Court of Appeals — the Indiana Supreme Court has ruled that such a practice is barred. However, the specifics of the case the court addressed Thursday did not require reversal.
COA orders hearing, possible release, for man in custody
Under unusual circumstances, the Indiana Court of Appeals is asking the state to explain why a man is in custody after a chain of events stemming from charges upon which he has not been arrested.
New trial ordered in suit over deadly propane explosion
An appellate panel has ordered a new trial in a negligence case arising after a propane tank explosion killed two people in Clinton County. The Indiana Court of Appeals ruled that admission of a verbatim hearsay opinion read into evidence by a defense expert witness was prejudicial to the deceased couple’s estate.
Justices allow seizure, turnover of $60K in alleged drug money
The Indiana Supreme Court has upheld the seizure of $60,000 in cash believed to be drug money, finding the officer who intercepted the parcel holding the cash had probable cause to think the package was related to drug trafficking. The unanimous ruling also upholds the turnover of the cash to the federal government, though it doesn’t address whether the money will be forfeited. The Court of Appeals previously had ruled the seizure was unlawful.
Teen convicted of murder wins resentencing due to ineffective counsel
A man who as a 16-year-old received a 181-year sentence for murder in entitled to a new sentencing hearing. The Indiana Court of Appeals concluded the Lake County teen was denied effective trial counsel during his sentencing hearing.
Holcomb appoints new Lake Superior Judge
Indiana Gov. Eric Holcomb has announced the appointment of a magistrate judge to fill a trial court vacancy in Lake County.
Split 4 ways, justices OK warrantless blood draw for unconscious driver
The U.S. Supreme Court has ruled in a plurality decision that law enforcement officers can generally draw blood without a warrant from an unconscious person suspected of driving drunk or while on drugs. Concurring and dissenting justices warned the court was establishing cumbersome and difficult guidance for authorities facing such situations.