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Articles
Court affirms permit to build new wastewater treatment plant
The Indiana Department of Environmental Management’s decision to issue a permit to the city of Hobart to operate a new wastewater treatment plant was not arbitrary, capricious or otherwise contrary to law, the Indiana Court of Appeals ruled.
Appellate court reverses trial court in union labor dispute
The Indiana Court of Appeals has reversed a trial court that had determined an arbitrator exceeded his powers when he found in favor of a labor union.
Title dispute leads to appellate reversal
The Indiana Court of Appeals has reversed a decision in favor of a title company, finding that the trial court must re-examine the case to decide if the two property owners have an action for negligent contract misrepresentation relating to a land easement dispute.
Webcasting allowed in 3 Lake County courtrooms
The Indiana Supreme Court has announced a new 18-month pilot project allowing trial court proceedings to be webcast in three Lake County courtrooms.
Attorney survey on Marion County judiciary begins
Eighteen Marion County judges will be on the ballot in the May 2012 primary. The Indianapolis Bar Association is asking attorneys to voice their opinions about those jurists.
SCOTUS denies Indiana church dispute
The Supreme Court of the United States has declined to take an Indiana case involving a property and trustee election dispute between the Zion Temple Apostolic Church in Gary and the son of the deceased founding pastor.
COA rules on estate representative’s banking activity
The Indiana Court of Appeals has overturned a Lake County judge in an estate case involving a personal representative who conducted banking transactions for an elderly man before his death.
Split COA reverses trial court in personal injury case
Two Indiana Court of Appeals judges reversed a trial court’s denial of a woman’s motion for prejudgment interest in a case stemming from a car crash.
7th Circuit upholds embezzlement convictions against ex-mayor
The 7th Circuit Court of Appeals has affirmed ex-East Chicago Mayor George Pabey’s convictions of embezzling government funds and conspiring to embezzle and found the District Court didn’t err when it sentenced him to 60 months in prison.
Traffic judge’s 60-day suspension begins next week
Hammond City Court Judge Jeffrey A. Harkin will begin serving his 60-day unpaid suspension on Dec. 27 as a result of an agreement he reached with the Indiana Commission on Judicial Qualifications and approved by the state’s highest court.
Judges uphold man’s convictions, enhanced sentence
The Indiana Court of Appeals affirmed the convictions of and sentence for a man on multiple drug charges, finding that the Lake Superior judge didn’t err by enhancing the man’s sentence because he is a habitual offender.
Appellate judges will hear arguments in East Chicago
A panel of Indiana Court of Appeals judges will travel to northern Indiana Thursday to hear the appeal of a man convicted of attempted murder.
Crown Point lawyer leaving for Peace Corps
On Sept. 19, attorney Connie Postelli will leave legal practice behind and depart for a two-year stint in the Peace Corps. Postelli will be teaching English in Ukraine. But she knows little else about her trip.
COA orders new trial for overly talkative defendant
In a divided opinion, the Indiana Court of Appeals has reversed a trial court’s denial of motion for mistrial, holding that the court went too far in physically preventing a defendant from speaking.
COA: Grandma didn’t have standing to petition for visitation
The Indiana Court of Appeals has reversed the denial of a mother’s request to set aside grandparent visitation, finding the grandmother filed her petition in the incorrect court.
Appeals court sides with murder defendant in hearsay appeal
Citing hearsay rules, the Indiana Court of Appeals has affirmed a trial court’s finding that the state may not introduce into evidence statements that could implicate a man who is facing murder charges.
COA: 6th Amendment not violated in juvenile murder case
The Indiana Court of Appeals has found that a juvenile court did not abuse its discretion in waiving a 15-year-old boy’s murder trial to adult court and that Indiana’s juvenile waiver statute does not violate the Sixth Amendment.
Rehearing: Traffic judge denies misconduct
Hammond City Judge Jeffrey A. Harkin denies that he did anything wrong in operating what may be a long-established but illegal traffic school deferral program and dismissing cases without assessing required fees. He also contends that he did not try to dissuade one litigant from contesting a seatbelt violation in court.
7th Circuit affirms judgment for officers in diabetic man’s case
The 7th Circuit Court of Appeals affirmed summary judgment in favor of the City of East Chicago and police officers on an estate’s excessive force and other claims, finding the officers had reasonable suspicion that a diabetic man who was having a hypoglycemic episode was possibly intoxicated.