The Indiana Court of Appeals examined the state's code regarding the limits of a withholding amount in child support arrearage, and acknowledged that its interpretation of the statute allowing the state to increase the amount without a court order "may cause some concern."
Court-watchers looking online to view Indiana’s appellate decisions have been denied two days of opinions because those published rulings were not posted online.A set of three dozen opinions came down Tuesday and Wednesday, but a change last month in how access is provided to those daily rulings meant that only online viewers, those directly involved in a decided case, or those who’ve traveled to the Indiana Statehouse to inspect opinions knew that any rulings had been released.By noon today, a list…
A man who had repeatedly threatened city employees is now barred from visiting South Bend governmental offices after a St. Joseph Circuit judge granted a workplace violence protective order and permanent injunction against the man.
The Indiana Court of Appeals examined state statutes to determine which apply when a candidate dies before the primary but wins the election, an issue the court hadn’t tackled before. In Dan Lockard v. Charles Miles and John Mullican, No. 84A04-0708-CV-493, Lockard challenged his loss to Charles Miles in the Terre Haute Democratic primary. Miles died April 18, 2007, nearly three weeks before the May 8 primary, and media in Terre Haute first reported his death April 19. Lockard and Miles were…
The Indiana Supreme Court granted transfer to one case dealing with child support, and two cases dealing post-conviction relief. The court also granted transfer to three cases involving sex offenders.In the case Marla K. Young v. Timothy S. Young, No. 09A05-0701-CV-52, the Indiana Court of Appeals affirmed in part and reversed in part the trial court’s calculation of Timothy’s child support obligation. The appellate court found the trial court erroneously calculated Timothy’s weekly gross income, and remanded the trial court to add…
In a case of first impression, the Indiana Court of Appeals ruled write-offs constitute insurance benefits for which an insured has paid directly, and as a result opposing parties in suits can’t introduce evidence of write-offs to reduce damage awards. In Brandon Stanley v. Danny Walker, No. 41A01-0610-CV-462, the appellate court looked to courts in other jurisdictions for the answer to whether write-offs negotiated by an insurer amount to an “insurance benefit” and should therefore be excluded when calculating the actual extent…
The Indiana Court of Appeals affirmed a judgment enjoining some members of a class action suit from pursuing a quiet title action, finding the agreements of a settlement disposed of all claims in property between the class and a company.In Fern E. Firestone, et al. v. American Premier Underwriters Inc. and U.S. Railroad Vest, Corp., No. 06A01-0804-CV-199, the appellate court had to determine whether the trial court erred in ruling that claims brought by Wayne E. Boyd and Bunker Farms to…
The Indiana Court of Appeals has tossed out the convictions and 106-year sentence of a former Hamilton County child welfare worker accused of molesting two boys, including an autistic boy who he'd mentored.
Trial courts should be able to deny criminal defendants the right to represent themselves when that person can’t communicate coherently with the court or jury, the Indiana Attorney General’s Office wants the nation’s highest court to decide.The state submitted a brief this week to the Supreme Court of the United States, which will hear arguments March 26 in the Hoosier-based pro se case of Indiana v. Ahmad Edwards, No. 07-208. You can view the 74-page brief online here.Dating to July 1999,…
Marion Superior Judge Grant W. Hawkins is used to spending his days in court. But on Oct. 6 and 7, he wasn’t on the bench; the jurist was the one being judged. Already, his former part-time commissioner has resigned and been permanently banned from any judicial role because of this issue, and Judge Hawkins is battling 11 misconduct charges against him that could mean his judicial career is on the line. But before he finds out his fate, the judge is…
Expect some talk of sweeping court reforms in the coming legislative session.
Indiana’s law requiring voters to show photo identification before casting a ballot is constitutional, the U.S. Supreme Court ruled this morning.The nation’s high court issued its decision at 10 a.m. on the pair of consolidated cases, William Crawford, et al. v. Marion County Election Board, et al., No. 07-21, and Indiana Democratic Party, et al. v. Todd Rokita, No. 07-25. The decision comes just a week prior to Indiana’s primary on May 6, upholding the strictest voter ID law in the…
A Northern District magistrate judge has again denied an attorney's motion to proceed with a lawsuit under a pseudonym, finding the type of injury the attorney may suffer as a result of suit doesn't rise to the level to justify anonymity.
The Indiana Court of Appeals upheld a defendant’s convictions of child molesting and used the opinion to establish how documents explaining the underlying analysis of DNA testing may be admitted at a criminal trial.In hearing the appeal of Richard Pendergrass v. State of Indiana, No. 71A03-0712-CR-588, the appellate court discovered after a thorough review of caselaw that there was no precedent in place to establish the admittance at a criminal trial of those documents. Richard Pendergrass appealed his child molesting convictions, arguing…
State lawmakers have announced what topics they’ll explore before the 2009 legislative term begins.On tap: immigration, administrative law judge powers, Indiana’s alcoholic beverage laws, and a variety of other legal issues.The Indiana Legislative Council Thursday created multiple new interim study commissions that will meet this summer. What they recommend helps set the stage for the next session. Legislative leaders will appoint lawmakers to the panels in coming weeks, and most must make recommendations to the General Assembly by Nov. 1.One of…
Contract provisions that exempt a party from liability under the Indiana Crime Victims Statute are void when the party violates public policy, the Indiana Court of Appeals ruled Friday. In The State Group Industrial (USA) Unlimited v. Murphy & Associates Industrial Services, No. 82A04-0703-CV-158, State Group appealed the trial court judgment denying the company’s request for relief under Indiana Code 34-24-3-1, the Crime Victims Statute. The trial court awarded State Group actual damages, but denied relief under the statute based on a…
University professors who do not have their fixed-termed contracts renewed after the contract expires are entitled to unemployment benefits because their resulting unemployment isn’t voluntary, ruled the Indiana Supreme Court Tuesday. In Indiana State University v. William C. LaFief, et al., No. 93S02-0801-EX-17, William LaFief was hired by Indiana State University as an assistant professor for one academic year and was reappointed for the following year. After his second academic year at the university, LaFief was told by the school he would…
The Indiana Supreme Court affirmed today that trial courts must inquire about a defendant’s ability to pay when they order restitution as a condition of probation or a suspended sentence and a restitution obligation continues beyond the end of a probationary period. However, in Jeffrey Pearson v. State of Indiana, No. 45S03-0712-CR-574, the high court affirmed the trial court’s order for Pearson to pay at least $150 a month in restitution as a condition of his probation even though the trial court…
The Indiana Court of Appeals will hear arguments in Indianapolis tomorrow, but not in their usual courtroom venue.
The Indiana Court of Appeals today upheld a lower court’s ruling that the state’s law prohibiting violent and child sex offenders from living within 1,000 feet of a school or public area where children congregate is unconstitutional.The ruling came in State of Indiana v. Anthony W. Pollard, No. 05A02-0707-CR-640. Judges heard arguments in the case March 31. The state argued that Indiana Code Section 35-42-4-11 was not considered ex post facto law as applied to Pollard, but the appeals court disagreed and…