Judicial Conference seeks comment on proposed rule amendments
The Judicial Conference Committee on Rules of Practice and Procedure is seeking public comment on proposed amendments to appellate, bankruptcy and civil rules.
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SUPREME COURT NOTEBOOK: Gender pronouns part of LGBT fight
Dozens of legal briefs supporting fired funeral director Aimee Stephens at the Supreme Court use “she” and “her” to refer to the transgender woman. Decisions about gender pronouns may seem minor, but they appear to reflect the larger issues involved in this high-stakes battle over LGBT rights.
Justices grant transfer, allow PCR case from second appeal
A man convicted of murder may proceed in his second pursuit of post-conviction relief now that the Indiana Supreme Court has concluded his petition addressed only the grounds arising from his second appeal and was therefore not considered a second or successive petition.
COA cautions about sending fetal remains to jury deliberations
Arguments about whether aborted fetal remains from a child molesting case were improperly provided to a jury for consideration and stored in the jury room refrigerator during deliberations were settled by an appellate court Wednesday.
Court tosses ex-Fishers executive’s wire fraud appeal
A man who pleaded guilty to fraudulently wiring money from his Fishers employer to his personal bank account couldn’t convince the 7th Circuit Court of Appeals that his circumstances presented a due process exception to the rule that most written appeal waivers are effective.
Manpower, technology changes impact low wiretap use
According to data released by the United States Courts, wiretapping in federal and state courts was down by a combined 23 percent in 2018 compared to 2017. Likewise in Indiana, federal and state courts authorized 75 wiretaps in 2017, but only 46 in 2018, according to the data. Experts say staffing and law enforcement resources, as well as the cyclical ebb and flow of complex surveillance work account for the decline.
Indiana Court decisions – Aug. 1-14, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Plaintiffs challenge Mich. redistricting panel’s independence
The release of emails in the gerrymandering lawsuit brought by the League of Women Voters spurred Michigan residents to strip their legislators of redistricting duties and turn the mapmaking over to an independent commission. However, a new federal lawsuit is challenging the new body, asserting the exclusion of certain individuals violates the First and 14th amendments.
Are noncompetes overly broad?
This year, a group of unions, employment law attorneys and other labor organizations petitioned the Federal Trade Commission to ban noncompete agreements. But while there are some instances where a restrictive covenant can be too restrictive, experts say there are also instances where noncompete clauses are legitimate.
Indiana mom gets 12 years in prison after pulling son’s feeding tube
A Terre Haute woman has been sentenced to 12 years in prison for neglect in the death of her infant son whose feeding tube was removed.
Judgment reversed for woman who posted bond, then fatally shot defendant
A dispute over who should receive bond money paid on behalf of a now-deceased defendant will proceed in court after the Indiana Court of Appeals reversed summary judgment for the woman who posted the bond then fatally shot the man.
Supreme Court asked to take up ‘Serial’ podcast murder case
Lawyers for a Maryland man whose murder conviction was chronicled in the hit podcast “Serial” are asking the Supreme Court to step into the case. Lawyers for defendant Adnan Syed said in court papers Monday that the justices should order a new trial for Syed and reverse a Maryland court ruling against him.
Court of Appeals affirms dismissal of ‘purely hypothetical’ med-mal question
The Indiana Court of Appeal found a widow’s argument that she should have access to the Indiana Patient’s Compensation Fund was not ripe for judicial review.
Rental repairs licensing requirement poses no burden to interstate commerce, 7th Circuit affirms
An Illinois man who owns rental property in Hammond failed to convince the 7th Circuit Court of Appeals that a city licensing ordinance requiring he obtain a license to make repairs to his properties was discriminatory.
SVF finding stands for man with California robbery conviction
A man who initially showed signs of wanting to be arrested has lost his argument on appeal that his out-of-state robbery conviction was substantially like the same crime in Indiana, thus qualifying him a serious violent felon.
Ford dealership’s undisclosed finance charge not an ‘additional charge,’ COA holds
The Indiana Court of Appeals has affirmed a finding that a Ford dealership failed to disclose a $25 convenience fee for its credit customers as a finance charge. It also reversed an Indiana Department of Financial Institutions’ finding that because the fee was not disclosed in the finance charge box, it must be an additional charge.
COA: Franciscan not liable for patient’s files posted on social media
A woman whose medical records were improperly accessed and posted on Facebook was unable to get a remedy when the Indiana Court of Appeal found Franciscan Alliance Inc. was neither liable nor negligent for the actions its employee.
JW Marriott tax appeal survives motion to dismiss
The third appeal of a 2010 tax assessment against the JW Marriott in downtown Indianapolis has survived a motion to dismiss brought by the Marion County assessor.
Teen murder wavier to adult court affirmed; police custody issue splits COA
A juvenile court’s rulings in a murder case implicating a 15-year-old boy who had gone to the police station to answer questions after he had been treated for stab wounds were upheld Monday by the Indiana Court of Appeals.
COA upholds murder conviction against new boyfriend
A man who shot his girlfriend’s ex-boyfriend in the head at close range failed to persuade the Indiana Court of Appeals to overturn his murder conviction.