COA: Death during robbery is felony murder
The Indiana Court of Appeals found evidence was sufficient to uphold a robber’s conviction of felony murder after one of his accomplices was killed in a fight with a robbery victim.
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Whitley County judge bound for Guantanamo
Whitley Superior Judge Douglas M. Fahl soon will be far from his courtroom in Columbia City. A major in the Indiana National Guard Judge Advocate General Corps, Fahl has been called to active duty and will be heading for a judicial post at Guantanamo Bay, Cuba.
7th Circuit affirms judgment for employee on ADA claim
The 7th Circuit Court of Appeals affirmed judgment for an employee who claimed the city of Anderson did not accommodate his disability when it fired him for not having a commercial driver’s license he could no longer get because of his diabetes.
VW settlement could return $66M to eligible Hoosiers
More than 6,600 Hoosiers who bought certain Volkswagens or Audis designed to defraud diesel emissions tests may receive cash compensation, have their cars bought back or their engines modified. Indiana Attorney General Greg Zoeller announced Tuesday that restitution for eligible Indiana consumers could reach $66 million.
COA: Couple proved adverse possession of land along fence
In a dispute between neighbors over a property line, the Indiana Court of Appeals agreed with the trial court that a Johnson County couple satisfied the elements needed to be successful in their adverse possession and quiet title counterclaim.
Judges reinstate woman’s legal malpractice claim
The Indiana Court of Appeals reversed the dismissal of a woman’s complaint against her attorney, finding the trial court improperly dismissed it pursuant to Indiana Trial Rule 12(B)(6).
COA: Testimony would have restricted jury’s ability to decide
The Indiana Court of Appeals affirmed a man’s conviction of voluntary manslaughter after it found the trial court did not err in restricting the testimony of an expert witness for the defense.
COA: CVRA damages are distinct from punitive damages
The Indiana Court of Appeals affirmed a damages award pursuant to the Crime Victim Relief Act after the court found in its second hearing of a case that CVRA damages are distinct from common law punitive damages.
Justices affirm consecutive LWOP sentences
The Indiana Supreme Court until Tuesday had never directly addressed the issue of whether two sentences of life imprisonment without parole can be imposed consecutively under Indiana law. Justices decided today that I.C. 35-50-1-2(c) permits it.
Supreme Court extends Charlie White’s suspension
Former Indiana Secretary of State Charlie White may never be allowed to practice law again, the Indiana Supreme Court suggested Tuesday in extending his suspension another two years without automatic reinstatement.
Justices take dispute over deaf driver education in Texas
The Supreme Court of the United States is taking up a dispute involving deaf people in Texas who say driver instruction schools in the state won't let them take classes needed to get a driver's license.
Supreme Court rejects pharmacists’ religious rights appeal
The U.S. Supreme Court on Tuesday declined to hear an appeal from Washington state pharmacists who said they have religious objections to dispensing Plan B or other emergency contraceptives.
Pit bull owner sentenced to jail for mauling of 2 women
A northern Indiana man has been sentenced to four years in jail after his pit bulls mauled two women during a walk.
IndyCar case dismissed for lack of jurisdiction
The 7th Circuit Court of Appeals found a lack of subject matter jurisdiction in a case where one IndyCar team accused another of conspiring to steal its sponsor. The court found an amended complaint took the case out of federal court and remanded for dismissal.
Pilot program to help judges with complex motions
Judges in four Indiana counties soon will have some help with complex motions thanks to a bill passed by the Indiana Legislature.
Deadline for mandatory e-filing nears for Hamilton County, Indiana appellate courts
Ready or not, the era of e-filing begins July 1 for everyone submitting court documents in Hamilton County and in Indiana’s appellate courts. There’s evidence that despite the buildup over recent months, many lawyers and filers may be caught off guard.
Are old convictions still relevant?
A man who admitted fault and negligence for a Lake County drunken-driving crash is appealing damages of $2 million awarded in the case, claiming the jury was wrongly provided evidence of his prior alcohol-related driving convictions that were 17 and 30 years old.
COA: Tenant does not have obligation to indemnify landlord
The Indiana Court of Appeals ruled a tenant did not have to indemnify a landlord against a woman’s personal injury claims after she filed suit against both of them.
Suit aims to block Delta Bible distribution, graduation prayer
A federal lawsuit filed Friday in Indianapolis aims to block future prayers at Delta High School graduation ceremonies as well as distribution of Bibles to graduating seniors at a mandatory pre-graduation luncheon.
COA reverses grant of woman’s unemployment benefits
The Indiana Court of Appeals reversed unemployment benefits awarded to a woman after it found she did have notice her job was in jeopardy despite various notes thanking her for her help in office matters she received from her employer.