No constitutional violations occurred when police entered home
A man’s federal and state constitutional rights were not violated when police officers entered his home without a warrant based on concerns an injured animal or person may be inside.
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County surveyor not entitled to additional compensation, rules court
The Indiana Court of Appeals has denied the Gibson County surveyor’s claims that under statute, he is entitled to a higher salary and additional compensation for referencing corners in the county.
Troubled Clark County Drug Court suspended
Claims that drug court participants in Clark County were jailed for months without cause and subjected to unauthorized searches and arrests by drug court staff have led the Indiana Judicial Center to suspend the problem-solving court in Jeffersonville.
COA: Restrictive covenant is overly broad and unreasonable
The restrictive covenant a former employee of a high-end appliance sales company signed before leaving to join another high-end sales company is overly broad and unreasonable, the Indiana Court of Appeals affirmed Thursday.
Woman’s amended complaint is within limitations period
The Indiana Court of Appeals Thursday spurned a previous ruling from the court and instead looked to a Vermont case to decide that a woman’s amended complaint should not be dismissed for being outside the statute of limitations.
Justices: Man with Alzheimer’s must be committed per statute
Noting the trial court had the best of intentions when it did not order a man with Alzheimer’s disease committed, the Indiana Supreme Court pointed out the trial court had to order his commitment under Indiana Code 35-36-3-1(b) after he was found not competent to stand trial.
Cold beer sales hearing begins Thursday
A federal judge in Indianapolis Thursday will consider a group of convenience and grocery stores’ challenges to the state law prohibiting those businesses from selling cold beer.
Judges dismiss interlocutory appeal in Weinberger suit as untimely
The Indiana Court of Appeals has dismissed a patient’s interlocutory appeal in his medical malpractice lawsuit against former doctor Mark Weinberger and related entities, finding it has no jurisdiction to entertain the appeal.
COA: Twins to remain with guardian, not grandmother
The Indiana Court of Appeals has affirmed a lower court’s ruling that twins from northern Indiana may be adopted by their guardian in Bloomington over the objections of the children’s father and paternal grandmother.
COA dismisses battery appeal as untimely
The Marion County man who challenged his sexual battery and battery convictions had his appeal dismissed sua sponte by the Indiana Court of Appeals because his appeal was untimely.
Judges reject man’s Department of Toxicology claims
The Indiana Court of Appeals upheld the denial of the motion by a man charged with drunken driving to exclude any evidence or testimony from the state Department of Toxicology. The court rejected his argument that there were no rules or regulations on the books regarding the newly created department.
Justices decline to take Holiday World dispute
The Indiana Supreme Court will let stand the ruling that the widow and children of the late William Koch Jr. can keep their shares in the southern Indiana theme park Holiday World and Splashin’ Safari. The justices declined transfer to the legal dispute which arose in the Koch family following Will Koch’s death.
NIPSCO loses appeal of reinstatement of driving privileges
The Northern Indiana Public Service Company was unable to convince the Indiana Court of Appeals that a lower court erred when it reinstated the driving privileges of two people who had been involved in car accidents that damaged NIPSCO’s property.
COA: Woman’s conduct is harassment, not intimidation
The Indiana Court of Appeals reversed a woman’s misdemeanor intimidation conviction stemming from her communications with the wife of her baby’s father. The court held that the state was unable to prove she committed intimidation as charged.
Valpo attorney charged with $1.6M theft held in contempt in civil suit
A Porter County lawyer allegedly stole more than $1.6 million from four companies owned by a client he represented for decades, according to criminal charges filed against him.
Man’s 10-year cocaine sentence upheld by 7th Circuit
The 7th Circuit Court of Appeals rejected a defendant’s argument that the drugs seized at his home with a warrant following his arrest should have been excluded from determining his sentence after the District judge ruled the warrant was invalid.
Judges: No credit time for repeatedly violating supervised release
In a case of first impression for the 7th Circuit Court of Appeals, the court agreed with its fellow Circuit courts that prior time served for violations of supervised release is not credited toward nor limits the statutory maximum a court may impose for subsequent violations of supervised release pursuant to 18 U.S.C. Section 3583(e)(3).
Southern District testing inclusion of links in documents
The U.S. District Court for the Southern District of Indiana announced this week that it is beginning a pilot program that will let the court and attorneys include active hyperlinks within e-filed and court-issued documents.
COA finds dismissal of judicial review petition not warranted
Noting that the Indiana Supreme Court has been divided on this issue – but will take it up soon – the Indiana Court of Appeals has held that it could review the dismissal of a petition for judicial review even though the company filing the petition did not file a complete, certified agency record.
Woman’s convictions are crimes of violence, justifying sentence
The Indiana Court of Appeals agreed with the state Thursday that a woman’s Class D felony drunken-driving convictions are considered “crimes of violence” under Indiana law, so there was no error when the trial court imposed a seven-year consecutive sentence.