COA affirms denial of rescission of lifetime license ban
A man failed to persuade the Indiana Court of Appeals to restore his driving privileges after a trial court rejected his petition for rescission of a lifetime suspension.
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Articles
COA: Jury replay of 911 call within court’s discretion
A trial court was within its discretion to allow a jury to rehear a recording of a 911 call during deliberations, the Indiana Court of Appeals ruled Tuesday in affirming a man’s convictions of intimidation and theft.
Supreme Court upholds felony dealing conviction
The Indiana Supreme Court affirmed a man's conviction for Class A felony dealing in a narcotic drug within 1,000 feet of school property and being a habitual substance offender. The decision went against the Indiana Court of Appeals, which overturned his conviction based on lack of evidence.
7th Circuit: Woman who lost case still entitled to attorney fees
A plaintiff who lost a breach of contract and negligence suit is entitled to attorney fees in the case after the 7th Circuit Court of Appeals upheld a ruling that said the company she sued engaged in “obstreperous discovery behavior.”
IU McKinney professor celebrates Innocence Project client’s release
An Indianapolis law professor is celebrating the release from prison of a Gary man who she has argued for years was wrongly convicted of rape, sexual deviate conduct and robbery.
7th Circuit reverses ruling in favor of prison guard
The 7th Circuit Court of Appeals vacated a District Court decision that dismissed a prisoner’s First Amendment claims and granted immunity to the guard mentioned in his Eighth Amendment claims.
Who will step forward to claim Prince’s millions?
When he was alive, Prince made hundreds of millions of dollars — for record companies, concert venues and others. That much is certain. What's less clear is how much he left behind and who'll come forward to claim it.
Iran summons Swiss ambassador over US Supreme Court ruling
The Iranian foreign ministry has summoned Switzerland's ambassador to Tehran over a recent ruling by the U.S. Supreme Court against Iran, state TV reported Tuesday.
NH judges, lawyers draft rules to not jail poor who owe fines
Judges and lawyers for the New Hampshire Civil Liberties Union have hammered out an agreement that would halt the jailing of indigents who fail to pay fines until a lawyer can be appointed for them. Some Indiana trial courts plan to utilize a risk assessment tool to identify who can be discharged without posting bail.
Overloaded van driver gets 2 years for crash that killed 2
The driver of an overloaded van that overturned on a southwestern Indiana highway, killing two women, may serve as little as two years in prison after pleading guilty to 10 charges.
Opinions April 25, 2016
Indiana Court of Appeals
Kelly E. Culver v. State of Indiana (mem. dec.)
84A01-1511-PC-1964
Post conviction. Affirms denial of Kelly Culver’s petition for post-conviction relief.
Indiana teen who killed man at age 12 gets chance at freedom
A northern Indiana teenager who was 12 years old when he helped kill his friend's stepfather has a chance at freedom.
Appeals court: QB Tom Brady must serve ‘Deflategate’ penalty
A federal appeals court has ruled that New England Patriots quarterback Tom Brady must serve a four-game "Deflategate" suspension imposed by the NFL, overturning a lower judge and siding with the league in a battle with the players union.
7th Circuit seeks public comment on civil jury instructions
The 7th Circuit Pattern Jury Instruction Committee has released revised pattern Section 1983 civil jury instructions which will be available for comment through Friday.
Indiana Supreme Court accepts 1 case on transfer
The Indiana Supreme Court granted transfer in one case last week that it decided Friday, unanimously denying the 12 others that were up for transfer.
Supreme Court clarifies employment discrimination case
The Indiana Supreme Court clarified an employment discrimination case Friday afternoon in one of the last opinions written by retiring Justice Brent Dickson. The decision explained when summary judgment should be used and what courts should be looking for when deciding such cases, ultimately affirming the Court of Appeals.
Indiana Lawyer wins 3 ‘Best in Indiana’ journalism awards
Indiana Lawyer won three awards at the Society of Professional Journalists' Best in Indiana competition Friday night, including a first place award for coverage on its 2015 Practicing Law in Indiana survey.
COA: Federal statute supersedes state one
The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.
Opinions April 22, 2016
Indiana Court of Appeals
Kennedy Tank & Mfg. Co., Inc.; and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert International
49A02-1507-CT-934
Civil tort. Reverses denial of Kennedy Tank Manufacturing’s motion to dismiss the lawsuit brought against it by Emmert International. The Indiana statute of limitation the trial court relied on is preempted by a federal statute with a shorter limitations period, and Emmert did not bring the lawsuit within that period.
3 reappointed to Supreme Court Disciplinary Commission
The Indiana Supreme Court reappointed three members to its disciplinary commission Thursday. Nancy L. Cross, Andrielle M. Metzel and Trent A. McCain’s terms were scheduled to expire June 30, and will now serve another five-year term.