COA webcasts to resume Wednesday
After being knocked offline for two months because of technical issues, Indiana Court of Appeals arguments will be webcast again beginning Jan. 25.
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Articles
COA: sentence waiver is valid
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for permission to file a belated notice of appeal, finding that she waived the right to challenge her sentence in a direct appeal.
Judges reverse award of attorney fees
The Indiana Court of Appeals reversed the award of attorney fees to a daughter who was sued by her mother following a fall, finding there were no valid legal conclusions justifying the award.
COA reverses guilty plea to Class A felony child molesting
Because a defendant repeatedly maintained his innocence to Class A felony child molesting at his guilty plea hearing but also pleaded guilty to the charge, the trial court erred in accepting his plea, the Indiana Court of Appeals ruled.
SCOTUS rules on scope of sex offender registration law
The Supreme Court of the United States has ruled that a federal law requiring sex offenders to update their registration when crossing states lines doesn’t automatically apply to those who committed their crimes before the law was passed.
Justices adopt repayment plan in UPL case
The Indiana Supreme Court has adopted a repayment plan for an Indianapolis company it found engaged in the unauthorized practice of law, ordering officials to reimburse the state bar association and former clients during the next six years.
Judge temporarily blocks fines for House boycott
Marion Superior Judge David Dreyer has blocked the collection of a $1,000-a-day fine imposed on boycotting lawmakers in the Indiana House of Representatives, granting a temporary restraining order until he can hold a hearing on the merits of the issue next week.
Justices: patient fund not entitled to set-off
The Indiana Supreme Court has affirmed a $1 million excess damages award from the Indiana Patient’s Compensation Fund to the estate of a man who died following a truck accident, determining the fund is not entitled to a reduction of the award to account for the 20 percent chance the man would have died even without the doctor’s negligence.
Appellate court affirms juvenile committed theft, burglary
There was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a license and ordered that the juvenile court correct its dispositional order.
COA: arbitration provision null and void
The Indiana Court of Appeals has affirmed the denial of a payday loan company’s motion to compel arbitration in a lawsuit filed by a customer. The COA relied on a nearly identical case involving the same plaintiff in which another appellate panel found that since the arbitrator named in the agreement is no longer available, the arbitration provision is null and void on grounds of impossibility.
Judges reverse denial of motion to suppress
The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.
Supreme Court upholds unemployment benefits for Chrysler workers
The Indiana Supreme Court has affirmed the decision by the Review Board of the Indiana Department of Workforce Development granting unemployment benefits to Chrysler workers who took voluntary buyouts.
Judges refuse to create another intoxication defense
The Indiana Court of Appeals rejected a man’s argument that he should be allowed to use intoxication as a defense to his criminal charges because the prescription medication that caused his strange behavior was taken for valid medical purposes.
Attorney faces theft and forgery charges
An Indianapolis attorney and accountant has been charged with theft and forgery after an investigation revealed the attorney had misappropriated nearly $600,000 in funds from a guardianship account and a family trust account.
Justices divided on proper sanction for attorney actions
The majority of Indiana Supreme Court justices found the trial court was within its discretion to dismiss a personal injury action because of the plaintiff’s attorney’s actions.
Justices reverse determinate commitment
In a three-page per curiam opinion released Wednesday by the Indiana Supreme Court, the justices reversed a juvenile’s determinate commitment to the Department of Correction for committing what would be felony murder if committed by an adult.
COA clarifies ruling in negligent hiring lawsuit
The Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t appeal the original ruling.
Court splits over motion for discharge ruling
An Indiana Court of Appeals judge dissented from his colleagues in a Criminal Rule 4(B) motion for discharge case, disagreeing with the interpretation of language in Jenkins v. State regarding the relevant time for purposes of determining whether a defendant can file a pro se motion for a speedy trial.
SCOTUS won’t consider off-campus school speech
The nation’s highest court has declined to take a pair of cases asking whether schools can censor the off-campus behavior of students who post messages or photos against school officials or other students.
7th Circuit upholds Indiana law on wine shipping
The 7th Circuit Court of Appeals has upheld an Indiana statute that prevents alcohol retailers from shipping their products to consumers by using a motor carrier such as UPS, and the state has the authority to regulate those shipments through the 21st Amendment.