Articles

Open government advocates find victory in Groth decision

Not much was changed in terms of government transparency when the Indiana Court of Appeals rejected former Gov. Mike Pence’s argument that the Indiana executive branch’s responses to open record requests are exempt from judicial review. But, according to open government advocates, that lack of change is actually a good thing.

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Rush praises ‘Partners in Justice’ during address

In her third State of the Judiciary address as chief justice of the Indiana Supreme Court, Loretta Rush highlighted how partnerships in the state’s judicial system are serving to further three initiatives to the benefit of litigants and legal professionals alike.

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Retiring Rucker urges diversity on court

As the first African-American to serve on the state’s appellate bench, retiring Indiana Supreme Court Justice Robert Rucker said he doesn’t think of himself as a trailblazer, but he said it’s important the state’s high court look like the population it serves.

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Court allows release of juvenile offender ID for HIV study

The Indiana Supreme Court has approved the release of identifying information of young offenders in juvenile courts, including full names and partial social security numbers, as part of a scholarly study into health care utilization and quality for juvenile offenders.

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COA: Trial court lacked jurisdiction to order BMV to act

The Indiana Court of Appeals found in favor of the Indiana Bureau of Motor Vehicles Monday after finding that a litigant’s failure to comply with the Administrative Order and Procedures Act left a trial court without jurisdiction to order the BMV to act on the litigant’s petition.

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Lawsuit: Trump businesses violate Constitution

A lawsuit Monday alleged that President Donald Trump is violating the emoluments clause of the US Constitution that prohibits him from receiving money from diplomats for stays at his hotels or foreign governments for leases of office space in his buildings. The suit was filed by a legal watchdog group, but the language of the clause is disputed by some legal scholars, setting the stage for a court fight with the White House.

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IMPD officer was qualified as an expert in stalking case

An Indianapolis Metropolitan Police Department sergeant was qualified as an expert to testify about Facebook records and digital trails that led to a man’s multiple convictions for felony stalking, the Indiana Court of Appeals decided Friday.

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Statute of limitations bars medical negligence case

After a dermatology appointment left a Marion County woman with facial discoloration that never went away as her doctor said it would, the woman sought damages in a negligence complaint. However, because she failed to prove that she “later learned” that her injury was worse than she thought, the Indiana Court of Appeals held that the woman’s claim cannot proceed in court because it was not timely filed.

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COA: Only property owned prior to final separation can be included in marital pot

Only property that is owned or acquired before the date a dissolution petition is filed in a divorce proceeding can be included in the marital pot, the Indiana Court of Appeals found Thursday in an opinion that overturned a lower court’s decision to include stock options vested after the date of a couple’s final separation in the marital pot.

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COA: Exigent circumstances justified warrantless search

An Indiana State Police detective did not violate a man’s constitutional rights when he searched a bag in the man’s vehicle without a warrant because there were exigent circumstances that made the warrantless search reasonable, the Indiana Court of Appeals held Thursday.

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