Court may consider SSI in restitution order
The Indiana Supreme Court sided with the federal courts that have concluded courts may consider one’s Social Security income when determining how much a person may pay in restitution.
Courts
Articles
Court ordered to recalculate division of pension
The Indiana Court of Appeals has ordered the lower court to take another look at the division of a husband’s pension, finding the court used the wrong number in its decision.
Judges affirm change in custody
The Indiana Court of Appeals has upheld the modification of a custody order giving the father primary custody of his son, finding the trial court didn’t abuse its discretion in deciding that the boy’s physical and mental/academic maturation constituted a substantial change warranting the change in custody.
Supreme Court upholds refusal to give jury instruction
The Indiana Supreme Court has adopted the full opinion of the Indiana Court of Appeals, which upheld the decision by a trial court not to give a defendant’s tendered instructions on lesser-included offenses of murder.
Justices take 5 cases
The Indiana Supreme Court accepted transfer to five cases last week, including a challenge to the school voucher program.
Governor signs DCS, new judge legislation
Gov. Mitch Daniels signed legislation last week that gives Johnson Superior Court a fourth judge and Allen Circuit Court another full-time magistrate, and an enrolled act that makes changes to the Department of Child Services.
Supreme Court rules AOL required to pay online use taxes
The Indiana Supreme Court has held that companies purchasing online promotional materials from outside the state must pay a use tax when those materials are distributed within Indiana.
Justices address forum-shopping
The Indiana Supreme Court has clarified that a defendant who claims forum-shopping has happened in a criminal case does not need to establish prejudice in order to prevail on appeal.
Officer’s statement not protected by First Amendment
A divided Indiana Court of Appeals has ruled the New Albany Police Department had the right to discipline an officer whose racially charged comments made to fellow officers were leaked to the press and made public.
Judges and prosecutors to receive 2.2 percent salary hike
Indiana Supreme Court Chief Justice Randall T. Shepard has approved a 2.2 percent pay increase for judges and prosecutors that will take effect July 1, following the governor’s similar action for executive employees at the start of the year.
COA rules police officer’s questions not unconstitutional
The Indiana Court of Appeals has ruled that a man has incorrectly interpreted the Fourth Amendment in his appeal and that no constitutional violation occurred when he allowed a police officer to search his car.
Appeals court rules on gas station’s insurance coverage case
Determining that an insurance company was obligated to defend and indemnify a Warsaw service station for contamination cleanup, the Indiana Court of Appeals has reversed a Kosciusko Superior Court decision finding otherwise.
Judges rule Wisconsin court had personal jurisdiction
The Indiana Court of Appeals has determined a Johnson Superior judge should not have set aside a Wisconsin court’s default judgment involving the sale and delivery of a boat between parties in the two states.
7th Circuit affirms District Court in attorney house fire case
The 7th Circuit Court of Appeals has affirmed a grant of summary judgment in favor of an insurer because an attorney and his wife failed to produce documents the company requested repeatedly.
Comment needed on proposed rule changes
The Indiana Supreme Court Committee on Rules of Practice and Procedure is seeking comment on several proposed rule amendments, including revisions to change of venue in civil and criminal cases and continuing legal education.
Justices rule Charlie White was eligible for office
Refusing to go against the will of Indiana voters, the state’s highest court has held that Charlie White was eligible to run for secretary of state and assume that office after being elected in 2010.
Judges rule on lakefront land rights case
The Indiana Court of Appeals has upheld a LaGrange Circuit judge’s decision granting summary judgment for a group of land owners caught up in a court dispute with neighbors about a portion of land situated between the plaintiffs’ homes and the shore of Big Long Lake.
Justices rule that law allows town of Fishers to proceed with reorganization
Responding to a certifiable question from Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana, the Indiana Supreme Court held that the town of Fishers may proceed with plans to reorganize as a city whose council chooses a mayor.
Court of Appeals reverses medical malpractice ruling
Determining that a question exists about when the statute of limitations started running on a proposed medical malpractice complaint, the Indiana Court of Appeals has reversed a decision in a case involving the death of a woman at an Indianapolis hospital after receiving medication prior to heart surgery.
Appellate court reverses trial court in union labor dispute
The Indiana Court of Appeals has reversed a trial court that had determined an arbitrator exceeded his powers when he found in favor of a labor union.