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No vote yet on St. Joe judges bill
An Indiana Senate committee debated this morning a bill that would make it so St. Joseph Superior judges are elected rather than chosen by merit selection and later retained by voters.
Suit based on church-member letter may go on
A letter written by a church member and circulated through another member's work e-mail address contains some allegedly defamatory statements that can be considered secular, so a suit for defamation and invasion of privacy could continue on those statements, the Indiana Court of Appeals ruled today.
Insurer’s policy breach a case of first impression
In a case of first impression for state courts, the Indiana Court of Appeals affirmed a jury verdict against an insurance company in a breach of contract case, ruling the insured's failure to repair his building following a fire was the fault of the insurance company. In Rockford Mutual Insurance Co. v. Terrey E. Pirtle, No. […]
Allen Circuit judge faces misconduct charges
The Indiana Commission on Judicial Qualifications filed misconduct charges today against Allen Circuit Judge Thomas Felts, who pleaded guilty last year to drunk driving.
Court remands custody case for new hearing
Although all three Indiana Court of Appeals judges came to conclusion that the trial court should revisit its order to grant full custody of a child to her abusive father, the judges differed as how the trial court should have approached the matter.
Worker’s suicide fails chain of causation test
A widow’s request for workers’ compensation benefits of her deceased husband can’t be granted because his death at work was caused by a knowingly self-inflicted injury, the Indiana Court of Appeals ruled today. The woman failed to satisfy the chain of causation test in trying to prove an initial work-related event led to her husband’s death.
Court reverses conviction over letter
A man's convictions of criminal mischief and operating while intoxicated were reversed by the Indiana Court of Appeals because a letter he wrote while trying to negotiate a plea agreement – which was rejected – shouldn't have been admitted at his trial.
Instant offense considered ‘unrelated’ per statute
The trial court was correct in interpreting the state's habitual offender statute to include an instant conviction as one of the "unrelated" convictions referred to in the statute, the Indiana Court of Appeals ruled today.
‘Prison mailbox rule’ applies to direct appeals
The "prison mailbox rule," which the Indiana Court of Appeals had previously determined applies in post-conviction proceedings, also is applicable in direct appeals, the appellate court decided today.
Seminar, CLE on Criminal Justice Act
The Indiana Federal Community Defenders will host a seminar for attorneys interested in joining the Criminal Justice Act panel of attorneys to represent indigent clients accused of crimes against the United States.
Transfer granted to probation search case
The Indiana Supreme Court granted transfer Thursday to a motion to suppress case involving a search by a probation officer.
‘Fireman’s rule’ prevents officer from filing suit
The "fireman's rule" doesn't allow a professional emergency responder to file a claim for the negligence
that creates the emergency to which he or she responds, the Indiana Supreme Court upheld today. As a result of its ruling,
the high court unanimously ruled a police officer's complaint against an adult showclub must be dismissed.
Arguments Thursday in infant sleeping death
The Indiana Court of Appeals will hear arguments tomorrow in a negligence suit filed by parents after their infant died while sleeping on a couch with his mother.
Justices: License plates can’t be in rear windows
Justice Robert Rucker says his four Indiana Supreme Court colleagues have issued a ruling that transforms millions of law-abiding residents into traffic offenders.
Justices hear compulsive gambling arguments
State gaming regulations prohibit a compulsive gambler from even filing a lawsuit against a casino, a New Albany attorney told the Indiana Supreme Court today.
COA: University should get summary judgment
The Indiana Court of Appeals ruled in favor of the trustees of Indiana University, finding the trial court erred when it denied summary judgment for the school and concluded a provision in an agreement between the school and a fired professor was ambiguous.
COA to webcast more arguments
The Indiana Court of Appeals has announced plans to webcast most oral arguments in the Court of Appeals courtroom in the Statehouse.
COA: Policy doesn’t cover car in accident
The Indiana Court of Appeals ruled in favor of an insurance company in a suit seeking compensation for damages by the insured's grandson after a car accident. The appellate court also used the opinion to remind counsel of the rules for filing appendices.
Indiana Northern District judge dies
U.S. District Judge Allen Sharp in the Northern District of Indiana died at his home Friday, ending more than 30 years on the federal bench. He was 77. A notice of his death was posted on the Northern District of Indiana’s Web site Friday. Appointed to the federal bench Oct. 11, 1973, by President Richard Nixon, Judge Sharp took the bench that following month and served until taking senior status in November 2007. He was the fourth longest-serving active District judge in…