In first impression ruling, COA reverses trial court on illegal search
The Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in a man’s pocket.
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Justices rule man not disenfranchised under the Infamous Crimes Clause
The Indiana Supreme Court hesitantly answered Thursday a certified question from the federal court as to whether misdemeanor battery is an “infamous crime” under Article II, Section 8 of the Indiana Constitution.
IJA honors colleague and journalist
An Allen Superior judge and a Louisville journalist received the Community Relations Committee awards this year from the Indiana Judges Association.
7th Circuit affirms dismissal of plaintiffs
Before the 7th Circuit Court of Appeals could rule on the dismissal of multiple plaintiffs from a civil rights and breach of contract lawsuit, the appellate court had to determine if it had jurisdiction to rule on the plaintiffs’ appeal.
Grand jury indicts 2 attorneys, real estate broker
A grand jury in South Bend has returned a 14-count criminal indictment against two attorneys and a real estate broker from central Indiana over a state lease deal in Elkhart.
Woman loses appeal for overtime pay
A sewing manager who sued her former employer to obtain overtime pay for work she did before her shift started lost her appeal because the employer didn’t know that she was working prior to her shift, the 7th Circuit Court of Appeals ruled Wednesday.
Evidence properly admitted under independent source doctrine
The 7th Circuit Court of Appeals found no plain error in a District Court’s decision to admit evidence of a telephone number on a defendant’s cell phone in 2007 at the man’s trial several years later.
Judges reverse termination of parents’ rights
In a case filled with several errors and discrepancies, the Indiana Court of Appeals has reversed the termination of parental rights of a mother and two fathers because the Department of Child Services failed to meet the burden of proving that termination is in the best interest of the children.
New St. Joe magistrate judge to begin duties Jan. 2
Elizabeth C. Hurley has been selected as the newest magistrate judge in St. Joseph Circuit Court. She replaces Magistrate Judge David T. Ready, who is retiring from the bench.
Judge won’t allow auto-dialer statute enforcement during appeal
Balancing free speech rights with the public interest in preventing automated political calls from out-of-state entities, U.S. Judge William Lawrence in Indianapolis denied the state’s request to continue enforcing Indiana’s auto-dialer statute while a higher court is considering his ruling from two months ago that blocked enforcement.
Justices: emotional distress actions not barred
The Indiana Supreme Court held Tuesday that separate actions by parents seeking damages for emotional distress from experiencing the stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act.
COA rules on right of first refusal issue
The Indiana Court of Appeals concluded that the right of first refusal set forth in a purchase agreement of land between neighbors could only be exercised between the two neighbors and didn’t apply to the sale of land by an estate.
Court clarifies original ruling on spousal maintenance
On rehearing, the Indiana Court of Appeals addressed the issue of an ex-husband’s ability to pay incapacity maintenance to his spouse, but affirmed its original opinion in all respects.
1.8M cases filed in Indiana in 2010
Nearly two million new cases were filed in Indiana courts in 2010, a 3 percent increase as compared to 2001, according to the annual Indiana Judicial Service Report released Tuesday.
SCOTUS takes Arizona immigration case, 7th Circuit bankruptcy case
The Supreme Court of the United States has accepted several cases, including the high-profile Arizona immigration lawsuit and a bankruptcy case from the 7th Circuit Court of Appeals.
Justices take guest statute case
The Indiana Supreme Court has accepted a case that deals with whether a tort claim filed by a son against his father should be precluded by the Indiana Guest Statute. The case prompted each judge on the Indiana Court of Appeals panel that heard the case to author an opinion.
Former IURC chairman indicted
The former chairman of the Indiana Utility Regulatory Commission, David Lott Hardy, has been indicted by a Marion County grand jury on felony official misconduct charges, the Marion County Prosecutor’s Office announced Monday.
Shepard to speak at IU commencement
On the heels of the announcement that Chief Justice Randall T. Shepard is retiring from the Indiana Supreme Court, Indiana University announced this week that the justice will address graduates at the Bloomington campus’ winter commencement Dec. 17.
Judges dismiss man’s untimely appeal
The Indiana Court of Appeals rejected a man’s argument that even though his appeal was untimely, the court should still address his appeal because of “considerations of justice.”
Appellate court upholds murder conviction
The Indiana Court of Appeals found the circumstantial evidence presented at trial was sufficient to establish beyond a reasonable doubt that a man killed his wife.