Noting the trial court had the best of intentions when it did not order a man with Alzheimer’s disease committed, the Indiana Supreme Court pointed out the trial court had to order his commitment under Indiana Code 35-36-3-1(b) after he was found not competent to stand trial.
The Indiana Court of Appeals released a divided opinion Wednesday on the issue of whether damages awarded under the Indiana Sales Representative Act are punitive in nature. The majority affirmed the trial court’s ruling that damages awarded under the Act would be subject to the evidentiary standard, limitation and diversion provisions of Indiana’s punitive damages statute.
A boat operator’s appeal of his convictions stemming from a fatal accident on Lake Monroe in 2010 split the Indiana Court of Appeals as to whether I.C. 14-15-4-1 is unconstitutional as applied.
David Powell, executive director of the Indiana Prosecuting Attorneys Council, strongly believes that addressing drug dependency and mental health issues can reduce the state’s recidivism rate and, in turn, lower the crime rate.
The Indiana Protection and Advocacy Services Commission has filed a disability discrimination complaint against Amtrak for non-compliance with the Americans with Disabilities Act.
A magistrate judge has blocked a retail liquor store chain’s bid to join a federal lawsuit filed by convenience stores challenging an Indiana law that forbids them from selling cold beer.
A report released Dec. 10 predicts that Indiana’s new criminal code will increase the number of individuals incarcerated in state prisons to the point where a new facility may have to be built.
A federal judge Tuesday granted an injunction blocking enforcement of an Indiana law that would have required Planned Parenthood clinics that provide abortion-inducing medications to also meet the requirements of clinics that perform surgical abortions.
A Marion Superior Court did not violate a defendant’s due process rights in ordering his commitment to the Department of Mental Health and Addiction after finding him incompetent to stand trial. Evan Leedy suffered a traumatic brain injury in an auto accident that killed his girlfriend and injured another driver.
The 7th Circuit Court of Appeals Monday upheld the citywide smoking ban in most Indianapolis bars, denying the injunction request brought by several bar owners who claimed the 2012 ordinance would have a negative impact on their businesses.
The Criminal Law and Sentencing Policy Study Committee will hold two final meetings in December – Dec. 10 and 19 – to look at funding and sentencing.
A battle between a town council and a judge over the fate of the local town court was stopped with the Indiana Court of Appeals noting the Indiana Legislature tends not to enact statutes that produce “unjust or absurd results.”
Local units of government may engage in preliminary talks or solicit prospective public-private partners before those units of government have adopted legislation enabling such agreements, the Indiana Supreme Court ruled Wednesday in a challenge to Logansport’s efforts to overhaul a coal-burning power plant.
The Indiana General Assembly passed an overhaul of the state’s criminal code during 2013 but left two major issues for the upcoming session – funding and sentencing.
Based on the language of the recently amended statute defining public intoxication, the Indiana Court of Appeals reversed a man’s conviction due to lack of evidence that he endangered his life or the life of someone else.
The Office of the Indiana Attorney General announced Tuesday that it will appeal a recent Harrison County ruling that held the state couldn’t regulate a fenced deer-hunting operation.
A man who pleaded guilty in 1977 to felony possession of a controlled substance was unable to convince the Indiana Court of Appeals that he is entitled to have his conviction reduced to a misdemeanor.
Indiana legislative study committees examining the criminal code and courts will hold separate hearings on Oct. 8 at the Indiana Statehouse.
The Indiana Psychological Association tried to convince members of the Indiana General Assembly to make a key change to state law governing insanity evaluations Sept. 24, but legislators seemed skeptical of the need for a revision.
When Lake Superior Court Judge John Sedia handed Indiana’s right-to-work law a pink slip, conventional wisdom held that the Indiana Supreme Court would overturn that decision and put the law back to work.