COA to hear challenge to sex offender monitoring program
An Allen County man’s argument that the state’s Sex Offender Management and Monitoring Program is unconstitutional will be heard Tuesday by a panel of the Indiana Court of Appeals.
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Feds charge 8 more NW Indiana gang members
Federal prosecutors on Friday charged eight alleged Imperial Gangsters street gang members in a 41-count indictment that expands on previous homicide and drug trafficking charges.
Five indicted on Medicaid fraud charges
Federal prosecutors this week indicted five people and three affiliated companies on charges of defrauding Medicaid of millions of dollars, according to the office of U.S. Attorney for the Northern District of Indiana David Capp.
Appeals court finds for insurer in worker’s comp case where victim’s mother died
The mother of an injured worker whose estate claims she died due to emotional distress caused by an insurer’s handling of her son’s case cannot directly sue the insurer before exhausting the regulatory process, the Indiana Court of Appeals ruled Friday.
Man not required to register in Indiana for Illinois crime
The Indiana Court of Appeals ruled it’s a violation of the ex post facto provision of the state’s constitution to require a man who committed a sex crime in Illinois, but now lives in Indiana, to register in Indiana because the laws requiring him to register in both states were enacted after he committed the crime in Illinois.
Bankruptcy filings down across US, Indiana
Bankruptcy cases filed in federal courts for the 12-month period ending Sept. 30 were down 14 percent as compared to fiscal year 2011, the Administrative Office of the U.S. Courts announced Wednesday. Filings are down more than 11 percent in the Northern and Southern District courts of Indiana.
Greenfield seminar to focus on public access laws
Attorneys can get two hours of free continuing legal education credit at a public access seminar next week in Greenfield, the last in a statewide series this year. The event is open to the public and will focus on Indiana’s public records and open government meeting laws.
Justices take case, revise sentence
In a divided per curiam opinion released Wednesday, the Indiana Supreme Court granted transfer to a case and agreed that a man’s aggregate sentence for criminal recklessness and criminal mischief should be revised to four years.
Ex-employee wins appeal and prejudgment interest
A former employee is entitled to commissions owed to him after he left a real estate company, the Indiana Court of Appeals affirmed Wednesday. The judges also found the ex-employee is entitled to prejudgment interest.
Judges order trial on couple’s responsibility to unpaid subcontractors
The Indiana Court of Appeals reversed a decision by a DeKalb Superior judge that Fred and Mary Anna Feitler were personally liable for unpaid bills to subcontractors on their home, which was being constructed on land owned by a trust to which they were sole beneficiaries.
Candidate facing charges from JQC loses election
Tammy R. Davis, the Democratic challenger to incumbent Republican Judge Steven J. Cox of Franklin Circuit Court, appears to have lost her bid to take over Cox’s spot on the bench. According to unofficial numbers from the Indiana Secretary of State’s office Wednesday morning, Davis received around 4,500 votes; Cox received nearly 6,000 votes.
All appellate judges on the ballot retained by voters
Collecting more than a million “yes” votes each, Indiana Justices Steven David and Robert Rucker have been retained in office. David faced opposition from some who disagreed with the majority opinion he authored regarding unlawful police entry into homes.
Justices reverse COA, hold state’s appeal timely
The Indiana Supreme Court on Monday reversed a divided Court of Appeals panel’s dismissal of an appeal of suppression of evidence in a drunken-driving case.
Evidence shows outrage over property tax assessment is a case of ‘buyer’s remorse’
A dispute over a property tax assessment of a mobile home park is a case of buyer’s remorse and not indicative of an error by the Indiana Board of Tax Review, the Indiana Tax Court has ruled.
Wife’s pain from shove, poked forehead ‘bodily injury,’ justices rule
The Indiana Supreme Court late Monday reconciled conflicting interpretations of the “bodily injury” requirement for domestic battery and other criminal offenses using that language, concluding that any such offense that causes the victim physical pain meets the test.
Board did not abuse discretion in finding assessor’s appraisal more persuasive
Noting that determining the assessed value of a property is not an exact science, the Indiana Tax Court rejected a property owner’s assertion that the county assessor’s appraisal was improperly given greater weight.
White disciplinary proceedings stayed, suspension still in effect
The Indiana Supreme Court agreed Nov. 1 to hold off on proceeding with a disciplinary investigation of former Indiana Secretary of State Charlie White after White requested a stay. His law license, which was suspended in May, remains suspended.
Rush joined Supreme Court Nov. 7
Indiana’s newest justice has officially joined the state’s highest court. Loretta Rush had a private swearing in ceremony Nov. 7. Her public ceremony will be held Dec. 28. Rush is just the second woman to serve on the state Supreme Court.
Federal Bar Update: Northern, Southern District courts cleaning up local rules
Local Rule amendments are in the works in the Northern District and Southern District of Indiana, with amendments to take effect Jan. 1.