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Local courts, educational program named after 3 Indiana jurists
The practice of naming a building after someone is a longstanding tradition throughout the country, but one of the most common practices in those renamings is waiting until someone dies to dedicate that place.
SCOTUS takes case on whether vehicular flight from police is a ‘violent felony’
No one disputes fleeing in a vehicle from police is a crime. But whether that crime is considered a “violent” one worthy of an enhanced sentence under a long-standing federal career criminal statute is a legal nuance now an issue before the nation’s highest court, and Indiana is playing a key role.
Justices order Marion traffic judge’s suspension
The Indiana Supreme Court has suspended the Marion County traffic judge who’s admitted he imposed excessive fines and treated people unfairly in his court partly because he wanted to discourage future litigants from exercising their constitutional right to trial.
Fewer filings, newer trends
The number of cases filed in the state courts dropped slightly in 2009 from the previous year, but the nearly two million filings still amounted to the second-highest number ever for Indiana.
Judge and his wife use son’s death to discuss prescription drug abuse
The scream that pierced the silence one morning almost two years ago is one that haunts Marion Superior Judge Bill Nelson every day, and it likely will for the rest of his life.
Sale to trust creates first impression
A sale of a home to a trust that included disputed errors in a sales disclosure form presented an issue of first impression for the Indiana Court of Appeals Monday.
Court splits on duty owed by independent contractor
An Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an “impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was injured.
Social-services recipients entitled to injunctive relief
The Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana Court of Appeals ruled Friday.
COA: Man’s intoxication doesn’t prevent recovery
The Indiana Court of Appeals reversed summary judgment in favor of a bar because the trial court was incorrect in ruling that an injured man’s voluntary intoxication precluded any recovery under the Dram Shop Act.
Court orders attorney’s fees following bad faith appeal
The Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to the estate.
7th Circuit: judge erred when sentencing man
The 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because the judge cited incorrect information during sentencing.
Judges: Officers lacked reasonable suspicion to stop and detain man
Because a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court of Appeals reversed his drug conviction today.
Appellate court upholds enforcing settlement agreement
The Indiana Court of Appeals affirmed a Marion Superior judge’s decision to enforce a disputed settlement agreement, finding the parties agreed to the essential terms resolving the issues between them.
ALJ didn’t inform vocational expert on the totality of claimant’s limitations
The 7th Circuit Court of Appeals reversed a District Court’s upholding of the Social Security Administration’s denial of a woman’s application for benefits because the Administrative Law Judge erred by not including her moderate limitation on concentration, persistence, and pace in the hypothetical he posed to a vocational expert.
COA: admitting teen’s confession was a fundamental error
An Indiana Court of Appeals decision today places a burden on police officers to make sure interview room video cameras don’t infringe upon meaningful consultation when a juvenile is involved.
Circuit Court reverses stay on producing public records
A northern Indiana District Court was wrong in granting a Wisconsin city’s motion for a stay, which allowed the city to withhold public records from the bank suing it for violating securities law, the 7th Circuit Court of Appeals concluded today. The issue was whether the order issued by a state court for the city to produce the documents could be stayed by federal law because the request constituted discovery proceedings.
AG’s involvement questioned in prosecutor forfeiture suit
The Indiana Attorney General’s Office plans to “zealously defend” 78 prosecutors being sued over civil forfeiture collection practices, meaning the state courts will likely have to analyze not only the merits of that issue but also whether two separate state statutes restrict how Indiana’s top attorney can intervene in this taxpayer-filed qui tam lawsuit.
Opinion regarding insurance company considers definition of ‘ever’
An Indiana Court of Appeals panel was split in an opinion released today that considered the definition of “ever” on a home insurance application when it came to whether the homeowners insurance coverage was ever “declined, cancelled, or non-renewed.”
Court didn’t err in ordering cash bond
The Indiana Court of Appeals affirmed a trial court’s order that the two beneficiaries of a piece of property who objected to the sale of the land must each pay a $100,000 cash bond. The case also gave the appellate court the opportunity to decide the standard of review in this type of challenge.