Judges split on child support modification
An Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism over fairness and legalism over common sense.”
Courts
Articles
COA denies Miranda rights appeal in drunken driving case
The Indiana Court of Appeals has affirmed a trial court’s decision that a man arrested for drunken driving was not entitled to counsel or a Miranda warning when police asked for his consent to a blood draw because he was not being interrogated at the time.
Court of Appeals to hear arguments in Valparaiso
The Indiana Court of Appeals travels to Valparaiso University Monday to hear oral arguments in a criminal case.
IBM litigation explores executive privilege issue
A Marion Superior judge has ordered Indiana state officials to turn over thousands of documents relating to the state’s cancellation of a welfare system modernization, ruling on an issue of first impression about whether a “deliberative processes” executive privilege exists in Indiana.
COA: State didn’t meet burden for probation revocation
The Indiana Court of Appeals has held – with a few exceptions – that a trial court may revoke probation for not satisfying a financial obligation only if the state proves by a preponderance of the evidence there is less than full payment and the probationer submitted that smaller payment recklessly, knowingly, or intentionally.
COA upholds convictions of man who planned to kill attorney, judge, ex-wife
The Indiana Court of Appeals has denied an appeal from a man who was convicted of planning to kill his ex-wife, her attorney, and a judge, ruling that amended charges did not negatively impact his rights and sufficient evidence existed to uphold the conviction.
7th Circuit judge to speak at rescheduled event
The Southern District of Indiana has rescheduled a Black History Month event that had been postponed because of inclement weather in February.
Circuit Court affirms judgments against 2 ex-IMPD narcotics officers
The 7th Circuit Court of Appeals has found nothing wrong with the convictions or sentence of two former Indianapolis narcotics detectives brought down by their involvement in an illegal drug scheme to supplement their income as police officers.
Judges reverse dismissal of workers’ compensation claim
The Indiana Court of Appeals reversed the dismissal of a workers’ compensation claim, finding the worker’s deposition testimony didn’t support the Indiana Worker’s Compensation Board’s finding that he admitted his condition stemmed from a single incident.
Appeal questions ‘enrollment,’ self-supporting standards for emancipation
In tackling a child support case involving a teenager’s emancipation, Indiana Court of Appeals judges disagree on what state statute defines as “enrolled” in college. One judge believes the majority wrongly reweighed evidence in this case to come to its decision.
Former auditor wins appeal on attorney fee issue
The Indiana Supreme Court decided a case seven years ago but left for another day the answer to a question about governmental attorney fees, and now that specific issue has found its way to an appeal before the state’s second-highest appellate court.
Court of Appeals to hear arguments at ISU
The Indiana Court of Appeals of Indiana will hear oral arguments on an appeal regarding a defendant’s conviction of Class D felony sexual battery March 24 at 11 a.m. at Indiana State University’s Hulman Memorial Student Union.
Court rules on early retirement benefits case
Employees who accept early retirement even in the worst economic times aren’t entitled to continued unemployment assistance, the Indiana Court of Appeals ruled today.
Rules being reviewed on temporary out-of-state attorney admission
The Indiana Supreme Court is reviewing the rules on how out-of-state attorneys receive temporary admission to practice law before state administrative executive agencies.
7th Circuit upholds qualified immunity for DCS workers
Although sympathetic to a couple whose child was temporarily removed from the family’s home on child abuse concerns – a removal that was subsequently found not to be supported by probable cause – the 7th Circuit Court of Appeals affirmed summary judgment for Department of Child Services employees on qualified immunity grounds.
2 U.S. attorneys retiring, replacements named
Joseph H. Hogsett, U.S. attorney for the Southern District of Indiana, has announced replacements for the two members of the office’s management team who are retiring next month.
Judges split on whether 2 insurers must pay for damage
An Indiana Court of Appeals judge dissented from the majority’s holding that two insurers were financially responsible for the damages caused by a fractured storm pipe and subsequent flooding of a school. The judge believed that only one of the responsible party’s insurers had to pay for the property damage.
High court takes 4 cases
The Indiana Supreme Court has granted transfer to four cases, including two dealing with whether a trial court should assert exemptions in garnishment actions on behalf of pro se debtors.
Welcoming the new tax judge
Martha Blood Wentworth took her oath of office and received her robe at an investiture ceremony March 8.
Lawmaker asks General Assembly to study creation of state patent law
An Indiana lawmaker wants to explore whether the state should create its own patent law, focusing on specific business method processes that aren’t covered by the federal patent system.