COA to hear arguments at college
As a part of its "Appeals on Wheels" initiative, a panel of Indiana Court of Appeals judges will visit St. Mary-of-the-Woods College Nov. 17 to hear arguments in a medical malpractice suit.
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Judges differ on pretrial credit award
Each judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant, who pleaded guilty to one charge – other charges were dismissed – is entitled to, or if he is entitled to any time at all.
Text messages must be separately authenticated
In a matter of first impression, the Indiana Court of Appeals determined text messages are subject to separate authentication before being admitted into evidence, much like the authentication process that data saved in a computer must undergo before being admitted.
Advisory sentence not sentencing starting point
A man appealing his 15-year sentence for rape made a "novel" argument in his brief: the trial court should have started its calculation of his sentence using the advisory sentence of 10 years instead of using the midpoint of 13 years.
Court: No rehearing based on another decision
The Indiana Tax Court granted a petition for rehearing to clarify its ruling that a Hamilton County property qualified for a charitable/religious exemption. The Tax Court also denied rehearing a St. Joseph County case that claimed the decision in that case should be reconsidered based on the original ruling in the Hamilton County case.
COA: Store not a beneficiary of letters of credit
The Indiana Court of Appeals ruled a department store has no rights derived from letters of credit between a bank and the man developing the site for a new store location.
Opponents won’t appeal Geist annexation
Opponents from the 66,000-person town of Geist announced Monday they won't appeal annexation to Fishers.
District Court seeks comment on rule changes
The U.S. District Court in the Northern District of Indiana is now accepting comments on proposed local rule amendments.
Court: Suit doesn’t belong in federal court
In a ruling that could impact pending litigation involving Indiana Protection and Advocacy Services, the 7th Circuit Court of Appeals decided the agency doesn't have standing to bring suits in federal court.
Longtime Owen County prosecutor dies
The longest consecutive serving prosecutor in Indiana died Sept. 26. Owen County Prosecutor Allan Fountain was 64.
Court rules in favor of town in disannexation suit
The Indiana Court of Appeals ruled in favor of a town in a disannexation order because the plaintiffs in the case didn't file their complaint for relief until after the statute of limitations had run out.
Company filed suit within applicable limitations
A construction company's attempt to cast itself in the same class of professionals as attorneys or architects was rejected by the Indiana Court of Appeals today. The appellate court upheld on interlocutory appeal the denial of the company's motion for summary judgment in a breach of contract complaint.
Senate Judiciary holds nomination hearing
A busy Congressional calendar has caused the U.S. Senate Judiciary Committee to move its nomination hearing to a room without cameras, which leaves Indiana's legal community in the dark about an Indianapolis-based federal judge's nomination for the 7th Circuit Court of Appeals.
COA: Church not a ‘youth program center’
The Indiana Court of Appeals reversed a man's Class A felony conviction of possession of cocaine, finding he wasn't within 1,000 feet of a "youth program center" because the building is a church running mostly faith-based programs. It's an issue of first impression for Indiana courts.
Judge Hamilton nominated for 7th Circuit
An Indianapolis federal judge could be the next to take a spot on the 7th Circuit Court of Appeals.
COA to hear institutionalization case
The Indiana Court of Appeals will hear arguments Wednesday in a case of two men being held in a state mental health institution until they are deemed able to stand trial.
COA: Rentals not restricted by covenants
In a case of first impression, the Indiana Court of Appeals determined today the rental of cabins in a subdivision was allowed under its restrictive covenants because the rental property was for "residential use."
Forged agreement presents question of fact
A company that forged a former employee's non-compete contract and later sued and settled with another company over that false document isn't entitled to summary judgment in a new suit brought by the other company after it learned the document was forged, ruled the Indiana Court of Appeals.
Traffic infraction not necessary for police stop
Even though a police officer didn't see a driver commit any traffic infractions before pulling him over, the officer could stop the car because he believed the driver might have been injured or impaired, the Indiana Court of Appeals affirmed today.
Justices deny sex offender park ban case
The Indiana Supreme Court has declined after nine months to accept a case asking whether registered sex offenders can be banned from parks and recreational areas.