Courts - The Indiana Lawyer

Judges reverse insurance double credit

January 1, 2009

A trial court erred when it issued a mother two health insurance credits instead of one, which led to a miscalculation of the child support owed between the parents, the Indiana Court of Appeals ruled today. In D.W. v. L.W., No. 20A04-0907-CV-375, father D.W. paid child support to his ex-wife L.W. for his three minor children, who lived with their mother. The mother paid nearly $57 a week in premiums for health insurance covering the three kids. One of the children…

Woman didn’t prove she should get new trial

January 1, 2009

Finding a defendant didn't meet her burden of proving her newly discovered evidence claim, the Indiana Court of Appeals today upheld the denial of her petition for post-conviction relief.

Justices draw bright line on children’s fault

January 1, 2009

Indiana law recognizes a rebuttable presumption that children ages 7 to 14 aren't capable of contributory negligence, the state's Supreme Court has confirmed.

Judges disagree on intent issue in rape trial

January 1, 2009

A panel of Indiana Court of Appeals judges disagreed as to whether a defendant in a rape case put his intent at issue during trial by attempting to show his victim consented to sex with him.

Judge awards $42 million in back pay suit

January 1, 2009

A Marion Superior judge is awarding more than $42.4 million to a class of thousands of former state employees who sued to recover back pay for unequal wages earned between 1973 and 1993.

COA: Switchblade ban not unconstitutional

January 1, 2009

A portion of Indiana Code that prohibits a person from owning a switchblade isn't unconstitutional as applied to a defendant and doesn't place a material burden upon the core value of the right to defend herself, the Indiana Court of Appeals ruled today. At issue in April Lacy v. State of Indiana, No. 31A04-0810-CR-571, is […]

Transfer vacated in builder negligence suit

January 1, 2009

The Indiana Supreme Court vacated transfer in an order dated March 4 to a case involving homeowners and companies that performed work on their house

Justices split in traffic-stop decision

January 1, 2009

The Indiana Supreme Court justices were split in their decision issued Dec. 31 on whether a defendant's state and federal constitutional rights were violated when police questioned him about weapons and drugs after he was pulled over for a traffic violation.

7th Circuit discovery pilot program starts Oct. 1

January 1, 2009

The first phase of the 7th Circuit Court of Appeals’ Electronic Discovery Pilot Program kicks off Thursday.

Judge: Officer is entitled to qualified immunity

January 1, 2009

A federal judge ruled in favor of a defendant police officer in a suit alleging he conducted a warrantless and unreasonable search of a home to find a gun mentioned in a 911 call.

COA: Man’s sentence could be increased

January 1, 2009

The Indiana Court of Appeals determined the recent ruling by the state's highest court regarding upward sentence revisions was applicable to a defendant's sentence.

Brazilian delegation to learn about mediation

January 1, 2009

A delegation of Brazilian magistrates is in Indianapolis to learn more about U.S. judicial mediation and how it may be applied in Brazilian courts.

Officer safety justified opening ajar car door

January 1, 2009

The opening of an ajar car door by a police officer during a foot chase with a suspected robber didn't violate the man's federal or state constitutional rights, the Indiana Court of Appeals concluded today.

COA first court to join ‘green’ ABA program

January 1, 2009

The Indiana Court of Appeals has been named as a Law Office Climate Challenge Partner by the American Bar Association Section of Environment, Energy and Resources. The appellate court is the first court in the country to join the program.

COA decides eminent domain case

January 1, 2009

In considering a common arrangement between a utility company and property developer, the Indiana Court of Appeals has given a green light for that utility to exercise eminent domain when a developer is financing a sewer line extension to a proposed housing development.

BLE officers re-elected to new term

January 1, 2009

All four officers of the Indiana Supreme Court's Board of Law Examiners have been re-elected to retain their current positions, according to an announcement today from the court

Courts celebrate Black History Month

January 1, 2009

The chair of the Department of Africana Studies and associate professor of history at Notre Dame University will speak to children and the general public in a lecture titled "Forging the Children of the Sun: The Human Spirit and Jim Crow," a Black History Month program Feb. 20 at the Federal Courthouse in Indianapolis.

COA: Wife is liable for mortgages

January 1, 2009

The Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure; however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.

Judges disagree in police entry case

January 1, 2009

An Indiana Court of Appeals judge dissented from his colleagues' decision denying a man's motion to suppress evidence because he didn't believe the police officers were justified in kicking down the man's door and entering his apartment. In his dissent in Luis E. Duran v. State of Indiana, No. 45A03-0811-CR-569, Judge Carr Darden cited the […]

City stopped from enforcing adult-business law

January 1, 2009

A federal judge has granted a preliminary injunction to an adult bookstore in Indianapolis, temporarily stopping the city from enforcing a 2002 ordinance that regulates adult businesses.

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