Court of Appeals dismisses termination-order appeal
Because the parents of six children who were removed from their home did not timely initiate the appeal of termination of their parental rights, the Indiana Court of Appeals dismissed their appeal.
Justices/Judges
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Appellate court divided over trust liability
The Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory damages and attorney fees.
Judges halt enforcement of challenged laws
Two federal judges issued preliminary injunctions June 24 preventing parts of two new controversial laws regarding immigration and funding of Planned Parenthood of Indiana from being enforced.
COA splits on reversing convictions for Batson violation
A divided Indiana Court of Appeals reversed a defendant’s convictions, including attempted battery with a deadly weapon, finding the state’s explanations for striking the only African-American from the jury were pretextual and purposeful discrimination.
Justices uphold admitting juvenile’s confession
The Indiana Supreme Court has found that a juvenile court didn’t err in admitting a teen’s confession, finding the boy was given the opportunity for meaningful consultation with his mother and that he knowingly waived his rights. The justices did also emphasize that the waiver used should be altered to make it more clear.
Southern District magistrate up for reappointment
The U.S. District Court for the Southern District of Indiana is seeking comment as to whether Magistrate Judge William G. Hussmann Jr. should be recommended for reappointment. The current term of Magistrate Hussmann, who works in the Evansville Division, expires April 3, 2012.
A century of Indiana lawyers
Patrick Myers Sullivan became one of the state’s newest attorneys this spring, and in doing so a fourth consecutive generation in his family entered the legal profession.
Judges, prosecutors to get pay raises
Indiana Supreme Court Chief Justice Randall T. Shepard has approved a 1.3 percent pay increase for judges and prosecutors.
Appellate court upholds motion to suppress after traffic stop
The Indiana Court of Appeals agreed with a trial judge that a police officer didn’t have reasonable suspicion to stop a driver believed to be intoxicated.
7th Circuit dismisses law suit over bar exam
The 7th Circuit Court of Appeals has dismissed an Indiana man’s suit in which he claims he should be able to sit for the bar exam even if he didn’t go to law school. The federal appellate court dismissed it for failure to timely pay the required docketing fee.
COA reverses worker’s comp board on prescription drug denial
The Indiana Court of Appeals reversed a finding by the state Worker’s Compensation Board that a woman’s employer isn’t responsible for providing a specific prescription drug to her, noting that the board only focused on one possible reason why the drug is prescribed.
Man’s Sixth Amendment right not violated
The failure of a judge to inquire into a defendant’s written complaint about his public defender didn’t violate the defendant’s Sixth Amendment right to effective assistance of counsel, the Indiana Supreme Court held Wednesday. However, the justices explained if a trial judge finds him or herself in a situation similar to the one presented, that judge should at least receive assurances from the public defender’s office that the complaint has been adequately addressed.
COA: Statute of repose doesn’t bar woman’s complaint
In a case of first impression, the Indiana Court of Appeals concluded that a woman’s negligence complaint isn’t barred by a statute of repose.
Justices rule: No right to resist
The Indiana Supreme Court caught many people off guard when it abolished the common law right of citizens to reasonably resist police from entering their homes, no matter the situation and regardless of whether the entry is legal.
New judicial selection battle ahead?
Indiana may soon see its next battle over how the state’s top judges are selected.
Touched by controversy
In the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for change in ways that few others do.
State trooper sues after incident with city officer
The Indiana State Police detective involved in a physical confrontation with an Indianapolis Metropolitan Police deputy chief in August 2010 in the deputy chief’s office has filed a lawsuit claiming false arrest and assault and battery.
COA: man doesn’t have to testify for self-defense instruction
The Indiana Court of Appeals ordered a new trial for a man convicted of murder because the trial court erred by refusing to instruct the jury on self-defense without the defendant’s testimony.
High court splits on molestation conviction
The Indiana Supreme Court was divided Wednesday in an opinion regarding whether a man could be charged with Class C felony child molesting 16 years after he last molested his stepniece.
Appellate court addresses parental privilege in 2 opinions
In two cases involving the parental privilege defense, the Indiana Court of Appeals ruled in favor of a teacher who “flicked” a special education student’s tongue and against a father hit his daughter numerous times with a belt.