Even if the Indiana Court of Appeals was to assume that a defendant’s trial counsel performed below prevailing professional norms by not explaining the potential immigration consequences of his guilty plea, the judges ruled the defendant wasn’t prejudiced because the trial court explained those consequences.
The Indiana Court of Appeals sent a case in ‘procedural limbo’ back to trial court to enter a restitution order within 30 days, which will allow the defendant to appeal his aggravated battery conviction. The appellate judges also advised trial courts on the pitfalls of postponing ordering restitution when ordering a sentence.
The attorney who made statements regarding Franklin Circuit Judge Steven Cox’s release of a prisoner during the time she was challenging him for his spot on the bench last fall cannot seek judicial office for five years, the Indiana Supreme Court ruled Thursday. The justices also publicly reprimanded Tammy R. Davis of Brookville.
Third-party carriers are not included in the statute regarding filing proposed medical malpractice complaints with the Indiana Department of Insurance, so a woman’s complaint that was sent via FedEx within the two-year statute of limitations – but not stamped until after the limitations expired – is not considered timely filed, the Indiana Court of Appeals ruled.
The state was unable to prove that a 14-year-old Indianapolis boy committed criminal gang activity when he and several other juveniles followed another teen after a party, the Indiana Court of Appeals ruled Thursday.
The Hendricks Superior Court – which is seeking two magistrate judges to take the bench – has changed its residency requirement for applicants. Applicants no longer have to reside in the county at the time of applying, but the two chosen for the jobs must live in Hendricks County by the end of the year.
Mediation ordered by the Indiana Supreme Court failed to settle a dispute among Lake County judges over a juvenile court vacancy, according to a report filed Wednesday by the former justice who tried to resolve the matter.
Finding a genuine issue of material fact as to whether Richmond parents’ complied with the Indiana Tort Claims Act notice provision when filing a lawsuit after their severely disabled daughter died at school, the Indiana Court of Appeals ordered that issue to go before a jury.
The Indiana Supreme Court has handed down a three-year suspension to an Indianapolis attorney whose conduct “far exceeded zealous advocacy and included repeated abuse of the tools of the legal system.”
The 7th Circuit Court of Appeals affirmed summary judgment for a transportation company on a fired worker’s claims that her termination violated the Americans with Disabilities Act and the Family and Medical Leave Act. The judges didn’t agree with the woman that FMLA protection should extend to non-eligible employees who request leave for future periods.
In order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the 7th Circuit Court of Appeals held Wednesday.
A Marion Superior Judge ruled last week that a lawsuit brought against the Indiana Bureau of Motor Vehicles for allegedly overcharging drivers may proceed as a class-action lawsuit.
The national organization of a Wabash College fraternity where a freshman pledge died after a night of heavy drinking is not entitled to summary judgment on the student’s parents’ claims arising from his wrongful death, the Indiana Court of Appeals ruled.
On Tuesday, Gov. Mike Pence signed into law HEA 1057, which will alter the prosecuting attorneys retirement fund to incorporate several features that are found in the 1985 judges’ retirement system.
Chief Justice of the United States John Roberts used part of his address to the 7th Circuit to highlight the fiscal constraints judges and courts are facing today.
A man convicted of federal drug charges failed to convince a panel of the 7th Circuit Court of Appeals that his conviction should be vacated due to ineffective assistance of counsel. The court affirmed a conviction from the District Court for the Northern District of Indiana.
Although a Shelby County man successfully argued that signing an “Advisement of Rights and Waiver” document did not bar him from appealing his sentence, he failed to convince the Indiana Court of Appeals that the trial court abused its discretion when sentencing him.
A trial court erred when it excluded the expert testimony of a witness who sought to address damages for a software company whose former employees allegedly violated non-compete clauses.
An Indianapolis mother with a history of drug abuse and domestic violence failed to persuade the Indiana Court of Appeals to reverse the termination of her parental rights, even though she introduced herself to the presiding judge after oral arguments and had a student deliver to the judge evidence of a clean drug screen taken a day earlier.
The attorney surrogate rule protects clients when lawyers are suddenly unavailable due to death, disability, disbarment or disappearance.