Supreme Court seeks historic law-related photos
If you've come across an old photo relating to Indiana's legal profession, the Indiana Supreme Court would like to know.
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Judge’s nomination vote set for Tuesday
The U.S. Senate leader has filed a motion to limit debate on an Indianapolis judge's nomination for the 7th Circuit Court of Appeals, setting an hour of debate and roll call vote for Nov. 17.
Justices: Anders withdrawals not allowed
The Indiana Supreme Court has rejected a procedure set up by the nation's top court more than four decades ago that allows attorneys to withdraw from criminal appeals they deem frivolous. Our justices say it's practically and financially more efficient to simply proceed with an appeal and let that process play out.
High court hears first ‘rocket docket’ appeal
In the first appeal of a juvenile case under Indiana Appellate Rule 14.1, the "rocket docket," the Indiana Supreme Court ruled the juvenile court's determination that a child shouldn't be immediately reunited with his mother until after the school year concluded – contrary to what the Department of Child Services recommended – wasn't clearly erroneous.
Theft case requires special prosecutor
The Indiana Court of Appeals reversed the denial of a man's request for the reappointment of a special prosecutor because the original basis for appointing the special prosecutor still existed even after one charge was dropped.
Amendment doesn’t affect sentence
Even though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence, he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.
Officers say wrong textbook hurt promotions
Three current Indianapolis Metropolitan Police Department officers have filed a suit against the city because they received the wrong textbooks to study for a promotion examination.
YouTube video prejudiced jury
The use of a YouTube video during closing arguments as a demonstrative aid by the state warrants a reversal of a robbery
conviction because it may have prejudiced the jury, the Indiana Court of Appeals ruled today.
IDEM could fire employee for ethics violation
The state's Ethics Commission correctly concluded an Indiana Department of Environmental Management employee violated a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned.
City violated constitution in denying refunds
The city of Indianapolis' refusal to grant some homeowners' requests for a partial refund of Barrett Law assessments violated the Equal Protection Clause, the Indiana Court of Appeals ruled today.
Farming dispute creates first impression issue
In a ruling from the Indiana Supreme Court on an issue of first impression, two of the state's five justices fear a new holding will have far-reaching impact not only on the forfeiture cases at issue, but also mortgage foreclosure cases impacting the commercial and industrial real estate world.
Court: Driver didn’t prove discrimination
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a truck driver's former company in the driver's suit against it for discrimination, finding he failed to present a genuine issue of material fact in his Americans with Disabilities Act claims.
COA: Statements not made in illegal detention
The Indiana Court of Appeals affirmed the denial of a defendant's motion to suppress statements given to authorities while detained, finding he was legally detained because police already had probable cause to arrest him.
Testimony showed intent in identity deception
During a trial for identity deception, a court correctly admitted evidence under Indiana Evidence Rule 404(b) of the defendant's prior interaction with the victim of his identity theft and previous instances of using the victim's information, the Indiana Court of Appeals concluded today.
COA: Dog sniff requires reasonable suspicion
Analyzing the issue for the first time, the Indiana Court of Appeals today determined reasonable suspicion is needed to conduct a drug-detecting dog sniff of a private residence. Even though the state didn't argue the police had reasonable suspicion, it established the officers relied on the warrant executed after the sniff in good faith.
Court split in public defender ‘firm’ issue
In a disciplinary action released Wednesday by the Indiana Supreme Court, the justices disagreed as to whether two public defenders who worked part time in the same public defender office of Putnam County were "associated in a firm."
COA: Obama, McCain eligible to be president
More than a year after the 2008 presidential election, the Indiana Court of Appeals ruled that Sens. John McCain and Barack Obama were eligible to run for the office.
Attorneys challenge state’s med-mal cap
Two central Indiana attorneys have filed a challenge to Indiana's Medical Malpractice Cap, arguing the cap violates the Indiana Constitution. The challenge follows a jury verdict in which a widower won $8.5 million following his wife's death.
Court clarifies continuing objection procedure
If a trial court grants a continuing objection, counsel doesn't have to object each time the class of evidence is subsequently offered, but if the trial court doesn't specifically grant the right to a continuing objection, counsel must object to the evidence as it is offered in order to preserve the issue on appeal, the Indiana Court of Appeals ruled today.
COA: Bank didn’t breach duties as trustee
Although tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the bank acted in good faith.