Post-judgment petitions for attorney fees permissible, COA rules
Even after a trial court has entered a judgment and the case is settled, the Indiana Court of Appeals has ruled parties can still make a new filing for attorney fees.
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Judges split 3 ways on motorist’s ambiguous response to DUI test
An apparently intoxicated motorist’s ambiguous reply to an officer’s request to perform a chemical test has resulted in a new, strict standard affirmed by only one of three judges who heard the driver’s appeal.
Plaintiff loses appeal over judgment on student loan
The successor interest in a student loan after its originator filed bankruptcy is entitled to judgment in its favor to collect a delinquent student loan, the Indiana Court of Appeals ruled Thursday.
Juror’s Facebook link to victim’s family no cause for rape mistrial
A trial court properly denied a convicted rapist’s bid for a mistrial because a juror failed to disclose she was a Facebook friend with a relative of the victim, the Indiana Court of Appeals ruled Thursday.
Zionsville and Whitestown argue borders before Supreme Court
The battle between Zionsville and Whitestown came before the Indiana Supreme Court Wednesday as each town tried to lay claim to neighboring Perry Township.
Father wrongly ordered to pay cost of private university
A trial court wrongly ordered a father to pay college costs for his daughter based on the cost of a private university, the Indiana Court of Appeals ruled Wednesday.
Evidence of new crimes sufficient to revoke probation
A defendant’s admission that he was trespassing and a witness’s testimony that the defendant planned to steal tin from a Greene County resident’s property was sufficient to revoke the man’s probation, the Indiana Court of Appeals ruled Tuesday.
Justices weigh state fair stage collapse case
The Indiana Supreme Court is weighing arguments to decide if the state is liable for some of the damages faced by a rigging company in the 2011 state fair stage collapse that killed seven people.
Former Indiana mayor contends judge fell asleep during trial
Attorneys for a former northwestern Indiana mayor and his wife convicted of wire fraud and other charges for improperly using funds from his campaign and a city food pantry are asking for a new trial because they say a federal judge fell asleep during their trial.
COA affirms termination of parental rights
A mother and father of 8- and 9-year old children failed to convince the Indiana Court of Appeals that their parental rights were improperly terminated.
Duke rate hike from Edwardsport plant remanded
The Indiana Utility Regulatory Commission must weigh for the third time rate increases for Duke Energy consumers connected to delays in opening the Edwardsport coal gasification plant in Knox County.
Justices make appointments to CLE commission
Elkhart Circuit Judge Terry Shewmaker has been appointed to the Indiana Commission for Continuing Legal Education, the Indiana Supreme Court announced in an order issued Monday.
Dissenting judge: Majority ‘needlessly prolongs’ divorce case
A divorce case remanded to the trial court for proceedings needlessly prolonged the litigation, a dissenting Court of Appeals judge wrote Tuesday.
Roommate’s liability in early exit from lease rightly decided
A woman who appealed a small claims court order against her former live-in boyfriend failed to convince the Indiana Court of Appeals that he owed her more money for moving out before their apartment lease was up.
Man loses appeal over predator designation
A trial court properly denied a man’s motion for a declaratory judgment seeking to overturn a Department of Correction designation that he is a sexually violent predator and offender against children.
COA reverses priority status for junior creditor in foreclosure
A bank that extended a $25,000 home equity line of credit to owners of a Newburgh property that subsequently was foreclosed was not entitled to a court ruling that gave its claim priority status.
COA tosses 40-year sentence and $400,000-plus restitution
A financial broker who bilked clients out of $8.9 million in an investment scam had his state sentence and order to pay restitution overturned by the Indiana Court of Appeals.
Indiana Supreme Court releases 2015 annual report
The Indiana Supreme Court has released its annual report covering the fiscal year July 1, 2014-July 1, 2015. The report may be viewed at www.in.gov/judiciary/supreme/.
The juror experience: deliberating the verdict
Determining the final outcome of a case may bring about feelings of apprehension and stress, and leave jurors second-guessing their decision.