Court rules on farm tractor operation case
Farm tractor drivers can’t be charged with driving with a suspended license, but they can be charged with operating a vehicle while intoxicated, according to the Indiana Court of Appeals.
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Governor names two new trial judges
Gov. Mitch Daniels has chosen two new judges for the state’s trial bench roster, one of those to succeed the jurist elevated earlier this year to the Indiana Supreme Court.
COA: Trial judges can’t expand timetable on filing appeal notice
State trial judges do not have the power to expand the appeal filing timetable outlined by Appellate Rule 9, the Indiana Court of Appeals cautioned today.
COA: Trust not bound by ISTA employment arbitration clause
The Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts.
Panel criticizes late discovery introduction
While recognizing that the state’s practice of allowing late introduction of evidence basically rewards attorneys who don’t prepare for trial, the Indiana Court of Appeals looked beyond that practice in a recent decison to how the rules still protect a person’s right to a fair trial.
Justices accept one criminal case
The Indiana Supreme Court has taken an Elkhart County appeal challenging three felony child molesting convictions and an 80-year aggregate sentence.
Justice wants attorney suspended longer
The Indiana Supreme Court couldn’t agree on the appropriate sanction for an attorney who engaged in an improper ex parte communication with a judge, leaving one judge to argue for at least a 90-day suspension.
Lawyers suspended for not complying with CLE requirements
The Indiana Supreme Court has suspended 12 attorneys for remaining delinquent regarding compliance with certain continuing legal education requirements for the period ending Dec. 31, 2009.
Court rules on artificial insemination issues
A divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two children conceived by artificial insemination.
Justices sharply split on insanity defense case
Faults in the state’s mental health system can’t be used to justify an insanity defense being rejected in favor of a different sentence that will keep a person locked up, an Indiana Supreme Court majority ruled.
New Tax Court judge ‘honored and humbled’ by appointment
A longtime lawyer and tax specialist received an early Christmas gift this week, learning that she’ll be the state’s newest Tax Court judge and the first woman to hold a seat on that bench.
Governor names new Tax Court judge
Gov. Mitch Daniels has chosen attorney Martha Wentworth as the state’s second-ever judge on the Indiana Tax Court.
Justices order refunds in estate planning UPL case
The Indiana Supreme Court is shaking its proverbial finger at a company it found had engaged in the unauthorized practice of law, making it clear that the court’s orders must be followed or non-compliant litigants will be sanctioned.
Circuit Court reverses insurance case
The 7th Circuit Court of Appeals reversed summary judgment for an insurer on the issue of whether the commercial general policy covered faulty subcontractor work, citing a similar case recently ruled on by the Indiana Supreme Court. The Circuit Court also dealt with an issue surrounding umbrella policies for the first time.
Tax judge denies state’s motion to dismiss
The Indiana Tax Court has denied the state’s motion to dismiss a mother and daughter’s challenge to the jeopardy tax assessments made against them after the state found they didn’t pay taxes on their sales of puppies.
Judge dissents in denial of rehearing
Indiana Court of Appeals Judge Margret Robb has issued a lengthy dissent from her colleagues’ denial to rehear a case involving the state’s patient compensation fund. After reviewing the case, she believed the appellate court shouldn’t have applied Restatement (Second) of Torts Section 323.
Court examines statute about paternity, child support
The Indiana Court of Appeals ruled on a matter of first impression today, analyzing a specific state statute relating to how a court can cancel child support arrearage after a man’s paternity is vacated based on new genetic testing.
Justice’s first ruling affirms murder convictions, life sentence
Indiana Supreme Court Justice Steven David issued his first decision as a member of the state’s highest court, affirming a life without parole sentence in a murder case out of Hamilton County.
Competition concludes at finals
Following the We the People: The Citizen and the Constitution mock congressional hearing state finals, which took place Dec. 12-13 for high school students and Dec. 14 for middle school students, organizers announced that a team from Munster High School will represent Indiana at the national competition held in Washington, D.C., in April 2011.
Southern District rules amended
Several Local Rules of the United States District Court for the Southern District of Indiana have been amended. The changes are effective Jan. 1.