Same-sex marriage issue squarely before high court
A same-sex couple from Michigan is putting the question of the right to marry nationwide squarely before the Supreme Court.
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COA rules contract with missing elements is still valid
A Hamilton County man failed to convince the Indiana Court of Appeals that the absence of start and completion dates along with his name rendered his contract with a home improvement company invalid.
COA reverses judgment for driver in fatality, rules for moped rider’s dad
The Indiana Court of Appeals Friday turned upside down a trial court’s judgment in favor of a driver who collided with a moped rider who died at the scene of the Indianapolis crash in August 2012.
Lawyer: Affirmed $1.4M judgment against Walgreen sets HIPAA precedent
A Marion County jury verdict affirmed Friday by the Indiana Court of Appeals upholds a $1.4 million verdict for a Walgreen pharmacy customer whose prescription information was provided to a third party and sets a national precedent, according to the lawyer who argued the case.
In affirming conviction, justices clarify required meth evidence
Authorities improperly charged a man with meth manufacturing based on the volume of an intermediate mixture, but other evidence was sufficient to affirm his conviction of Class A felony manufacturing methamphetamine, the Indiana Supreme Court held Thursday.
Government’s legal error requires another look at convictions
The United States government conceded on appeal that its treatment of vehicle titles and license plates as “property” from the perspective of Indiana in order to convict defendants of conspiracy to commit mail or wire fraud was a legal error. The 7th Circuit Court of Appeals reversed the convictions but did not foreclose the possibility of retrial.
Agency record required for judicial review of agency action
A petitioner seeking judicial review of an agency action must file with the trial court the agency record as defined by the Administrative Orders and Procedures Act. Not doing so will result in dismissal of the petition, the Indiana Supreme Court unanimously ruled Thursday.
COA upholds order man pay ex-wife’s appellate attorney fees
The Indiana Court of Appeals rejected a man’s claim that the same standard for awarding attorney fees should apply regardless of the forum. The judges affirmed the order that he pay his ex-wife’s appellate attorney fees because he is in a better position than she is to pay them.
School police justified in searching student’s backpack, COA holds
The search by school police of a student’s backpack was justified based on a teacher’s suspicion that the backpack may have contained drugs or weapons, the Indiana Court of Appeals ruled Thursday. The officer’s search turned up a gun.
Law firm disqualified based on attorney’s previous representation of doctor
In a case involving the conflicts that arise and obligations that remain when lawyers move from one firm to another, the Indiana Court of Appeals concluded that a law firm hired to represent plaintiffs in a medical malpractice lawsuit must be disqualified based on an attorney’s prior representation of the doctor being sued.
Judge urges high court to look at counsel assistance during state psychiatric exam
A judge on the Indiana Court of Appeals affirmed citing court precedent that a defendant who was to be examined by the state’s expert based on his insanity defense has no right to the presence of counsel during the psychiatric exam. But Judge Terry Crone argues the Indiana Supreme Court needs to take another look at this issue.
2 charged with kidnapping woman want trials moved
Attorneys for the two people charged with holding a southwestern Indiana woman captive for two months say they plan on asking for their trials to be moved to another county.
New Indiana state senator sued by ex-employer
A newly elected Indiana state senator is being sued by his stepmother's company over allegations that he misspent about $55,000 on himself.
US Supreme Court weighs state tax authority
The Supreme Court of the United States on Wednesday considered placing new limits on how states can assess income tax on money that residents earn across state lines.
Appeals court upholds burglary conviction but sends matter back to trial court
The Indiana Court of Appeals found sufficient evidence to conclude that a man’s house qualified as a dwelling, thereby supporting a defendant’s burglary conviction. But the judges sua sponte reviewed the trial court’s entry of judgment and sentencing order and decided to send the matter back to the lower court.
COA: Judge should dismiss habeas petition
The Indiana Court of Appeals found a Henry County judge erred when he denied an inmate’s petition for habeas corpus challenging a disciplinary decision from the Indiana Department of Correction. The judge should have instead dismissed the petition.
Oral argument set for ex-Indiana elections chief
The next step in former Indiana Secretary of State Charlie White's fight to overturn his voter fraud conviction is set for next month.
Lawsuit aims to halt Eagle Creek Park deer hunt
A lawsuit filed by a longtime user of Indianapolis’ Eagle Creek Park seeks to stop the “illegal hunting and senseless slaughter of white-tailed deer” planned later this month in the municipal park.
Indiana woman seeks dismissal of feticide charge
A northern Indiana woman's lawyer is seeking the dismissal of a feticide charge she faces in the death of her baby whose body was found in a restaurant trash bin.
Appeal aims to block planned 4,000-hog facility
A group of homeowners wants a county judge to block a southern Indiana farmer from being allowed to build a facility that would house 4,000 hogs.