Articles

Death penalty, election arguments Thursday

The Indiana Supreme Court will hear arguments Thursday in a death penalty case, a dispute whether the elected mayor of Terre Haute was eligible to run for office, and whether an order for a mother's voluntary termination of parental rights should have been set aside.

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COA: No preliminary injunction against casinos

A panel of Indiana Court of Appeals judges agreed a city isn't entitled to a preliminary injunction to order riverboat casinos to make payments to the city, but the judges disagreed as to why the city didn't meet its burden to prove an injunction was necessary.

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Indiana attorney fights Alaska’s merit selection

A Terre Haute attorney has filed a federal suit challenging the merit-selection system in Alaska, arguing the state bar association has unconstitutional control over the judicial nominating commission and takes away the people's right to choose their judges.

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COA upholds workplace restraining order

The Indiana Court of Appeals today analyzed for the first time the legal parameters required to affirm an order issued to protect a person under the Workplace Violence Restraining Order Act. The appellate court turned to the Indiana Civil Protection Order Act to provide context for analyzing cases under the WVROA.

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Court rules on workers’ comp dispute

The Indiana Court of Appeals reversed a finding that a company had acted in bad faith in denying workers' compensation benefits because there was a dispute over who should pay the benefits.

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Judges disagree if testimony is hypothetical

Indiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice case used hypothetical language that couldn't raise a genuine issue of fact.

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Insurance presents first-impression issue

The Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a former employer aren't a marital asset subject to a division.

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Court affirms sentence for non-support of 8 kids

A trial court didn't err in imposing three consecutive sentences following a man's guilty plea to three counts of felony non-support of a dependent because his failure to pay didn't constitute a single episode of criminal activity, the Indiana Court of Appeals ruled today.

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SCOTUS remands Indiana death penalty case

The 7th Circuit Court of Appeals was wrong in disposing of an Indiana man's death penalty challenges without any explanation, and should have allowed a Northern District of Indiana judge to consider those unresolved claims, the nation's highest court ruled today.

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Judges disagree on estoppel claim

An Indiana Court of Appeals panel disagreed today as to whether an insurance company is entitled to summary judgment in an action filed by clients regarding coverage. In Everett Cash Mutual Insurance Co. v. Rick and Katrina Taylor, No. 02A03-0808-CV-386, the issue is whether the Taylors were negligent in failing to make sure an independent […]

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SCOTUS urged to not take Indiana case

The Indiana Attorney General's Office wants the nation's top jurists to reject a Hoosier case posing Fourth Amendment questions about police searches, valid search warrants, and probable cause.

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High court rules on putative father adoption case

The Indiana Supreme Court has ruled that a putative father who files a paternity action in a court other than the court in which the adoption case is pending meets statutory requirements and doesn't imply his permanent consent to that adoption.

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High court rules on post-judgment interest

The Indiana Supreme Court granted transfer to a case in order to clarify precedents on post-judgment interest in dissolution cases. The high court held that the dissolution statutes give a court the option to either assess interest or not in the course of fashioning a just division of assets.

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Supreme Court grants 2 transfers

The Indiana Supreme Court granted transfer Thursday to an ineffective assistance of trial counsel case and a case involving the testimony at trial of a previous victim of a defendant.

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Chief justices to discuss court issues

Indiana Supreme Court Chief Justice Randall T. Shepard and other jurists from the Midwest will talk about important issues affecting their respective courts during a panel discussion Sept. 9 at Indiana University School of Law – Indianapolis.

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SCOTUS accepts Indiana steel plant case

The nation's highest court has agreed to take on a labor dispute issue involving a northern Indiana steel plant. The high court will consider whether the National Labor Relations Act allows the governing board to act when only two of its five positions are present to vote on labor disputes.

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Judges disagree on search validity

On remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because she believes the search of the vehicle was unreasonable in light of the recent ruling.

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High court to hear arguments on CHINS case

The Indiana Supreme Court will hear arguments Thursday in a Marion County case dealing with whether a child can be determined in need of services with respect to one parent but not the other.

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