Articles

First impression in ‘non-suspension’ rule case

The Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.

Read More

Changes coming to Child Support Rules

An order issued by the Indiana Supreme Court today amending the state's Child Support Rules and Guidelines caused two justices to dissent in part over worries a change may alter precedent.

Read More

Judges: Court should have questioned jurors

Judges on the Indiana Court of Appeals disagreed as to whether a man's murder conviction should be overturned because the trial court failed to investigate the impact of threats made against the jury. The majority determined the lack of action by the trial court resulted in a fundamental error that required reversing the conviction, but that he could be retried.

Read More

COA reverses judgment for Ford in liability suit

The Indiana Court of Appeals reversed summary judgment today in favor of Ford Motor Co. in a products liability lawsuit, but the judges disagreed as to whether the manufacturer breached its duty to warn of the dangers of children riding in the front seat with airbags turned on.

Read More

High court reverses $2.3 million jury award

The Indiana Supreme Court reduced a $2.3 million jury award in favor of an Evansville shopping center owner, affirming a previous ruling that shopping center owners aren't entitled to consequential damages from street reconfigurations that affect traffic flow to the shops and prevent expansion of existing exit and entrance points. The high court was split […]

Read More

COA rules on parenting time restriction

Indiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during a hearing in which a mother's parenting time was restricted.

Read More

Judges disagree as to athlete’s eligibility

One Indiana Court of Appeals judge believed his colleagues strayed from the evidence of recruitment and instead focused the family's financial plight when they decided the high school athlete didn't transfer schools primarily for athletic reasons.

Read More

Judges don’t agree candidate is ‘qualified’

Indiana Court of Appeals judges disagreed as to whether an elected at-large school board candidate was "qualified" under the Indiana Constitution to take office because his election caused three members from the same school district to be on the board.

Read More

High court: land seller not liable in death

Addressing an issue of first impression today, the Indiana Supreme Court considered under what circumstances a vendor of land may be liable to a third party for harm resulting from the condition of trees on the property near a road.

Read More

COA invites high court to revisit Indiana law

In a case involving the purchase of a home, Indiana Court of Appeals judges today disagreed as to whether the home sellers should be granted summary judgment in a fraud suit. The judges unanimously did agree to encourage the Indiana Supreme Court to re-evaluate a rule that protects a seller from a lawsuit, even if he lies about a property, as long as the prospective buyer had a reasonable opportunity to inspect the property.

Read More

Judges split in termination ruling

In an opinion involving whether a worker was fired for just cause after multiple excused absences, the majority acknowledged the split in the Indiana Court of Appeals regarding the reasonableness of "no-fault" attendance policies.

Read More

COA: Park ban violates ex post facto laws

Relying heavily on a recent Indiana Supreme Court decision regarding sex offenders and ex post facto laws, the Indiana Court of Appeals split in finding a city ordinance banning a convicted sex offender who no longer has to register with the state was punitive and unconstitutional as applied to him.

Read More

COA splits on cheek-swab requirements

A split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable cause, under federal and state constitutions.

Read More

Supreme Court disbars attorney

A split Indiana Supreme Court voted to immediately disbar an Indianapolis attorney who pleaded guilty to one count of willfully making a false tax return.

Read More

Judges dissent on search after ‘knock and talk’

An Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to a general distrust of law enforcement.

Read More

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.

Read More

Judges disagree on when escape occurs

The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules.

Read More

Court sanctions Indianapolis attorney

An Indianapolis attorney has received a public reprimand in the third and final leg of a yearlong disciplinary triangle, which has led to a Marion Superior judge's suspension and a commissioner's resignation and banishment from the bench.

Read More

High court vacates transfer

The Indiana Supreme Court vacated transfer yesterday in a case in which a defendant appealed his convictions of voluntary manslaughter, carrying a handgun without a license, and finding that he was a habitual offender.

Read More