Two judicial candidates who’d faced Indiana Election Commission challenges earlier this year about their names even appearing on the ballot made it to the general election, but ended up losing the races and not getting to the bench in Lake and Allen counties.
The death penalty has effectively been reinstated for an Indiana man after the nation’s highest court reversed the 7th Circuit Court of Appeals ruling that had ordered a new trial. In doing that, the Supreme Court of the United States on Nov. 8 reiterated its message that federal courts can’t issue any writ of habeas […]
To learn more about a number of legal concerns that involve animal welfare – whether those issues involve pets, livestock, or even exotic animals – students at Indiana law schools have started organizations affiliated with the national Animal Legal Defense Fund.
With a new legislative session on the horizon, the Indiana General Assembly is going to be one to watch as it likely tackles a multitude of issues influencing the state’s legal community.
For foster youth who are about to age out of the system or have already done so, there often is no support system. That decreases one’s chance of getting a good education and increases the likelihood that the former foster youth will end up homeless or become involved in illegal activity and be arrested after aging out.
Two years ago this month, an Indiana University Maurer School of Law professor was named to the transition team of President Barack Obama, not quite knowing where that experience would lead.
The nearly 50-year-old Indiana State Bar Association Clients’ Financial Assistance Fund has seen an unprecedented number of claims against a single attorney.
In what was the first of its kind in Indiana, the state Attorney General’s Office held a criminal justice summit at the University of Notre Dame this month to examine the critical issues the legal system faces from capital cases where the death penalty is utilized.
When it comes to the problem of mortgage foreclosures in Indiana, there appears to be no end in sight, at least not yet.
Two central Indiana traffic court judges are under fire for their conduct and practices in their courtrooms, with one Marion Superior judge facing disciplinary charges after sparking statewide legislative changes and criticism from the Indiana Court of Appeals.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Levie S. Jackson v. State of Indiana
79A02-0912-CR-1230
Criminal. Affirms convictions of seven counts of Class C felony forgery, six counts of Class D felony theft, and finding Jackson is a habitual offender The trial court did not error in denying Jackson’s motion to sever. Because he did not present any explanation of how he was prejudiced by the timing of the additional charge, the trial court declined to reverse the habitual offender enhancement.
TacCo Falcon Point v. Atlantic Limited, et al.
49A04-1003-CP-202
Civil plenary. Affirms order granting the motion to deem judgment satisfied filed by Atlantic Limited Partnership XII, Atlantic XIII, and David M. Clapper. The trial court didn’t err when it granted the Clapper parties’ motion because the issues hadn’t been previously decided by other courts and weren’t barred by the doctrine of res judicata. The trial court did not abuse its discretion when it found that the judgment at issue had been satisfied because when TacCo purchased the judgment, it was acting as a strawman for American Realty Trust.
Boost Up Wireless Solutions v. Brightpoint North America (NFP)
49A04-1007-CC-461
Civil collections. Affirms order denying Boost Up’s motion to set aside the default judgment entered in favor of Brightpoint on Brightpoint’s breach of contract complaint against Boost Up.
William Delk, et al. v. Reid Hospital and Health Care Servs., et al. (NFP)
89A04-1003-CT-208
Civil tort. Affirms summary judgment in favor of Reid Hospital, Indiana University School of Nursing, and the Trustees of Indiana University in the Delks’ complaint alleging medical malpractice.
Uma D. Chaluvadi v. City of Indianapolis (NFP)
49A02-1003-OV-230
Local ordinance violation. Dismisses Chaluvadi’s appeal of a default judgment regarding traffic tickets.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted one transfer and denied 7 for the week ending Nov. 19.
Indiana Court of Appeals
Levie S. Jackson v. State of Indiana
79A02-0912-CR-1230
Criminal. Affirms convictions of seven counts of Class C felony forgery, six counts of Class D felony theft, and finding Jackson is a habitual offender The trial court did not err in denying Jackson’s motion to sever. Because he did not present any explanation of how he was prejudiced by the timing of the additional charge, the trial court declined to reverse the habitual offender enhancement.
The Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely troubling.”
Indiana Evidence Rule 407 may bar evidence of subsequent insurance policy revisions offered to resolve ambiguity in an executed insurance contract, the Indiana Court of Appeals held today.
It cost nearly $400 million to operate Indiana courts last year, according to new reports released by the Indiana Supreme Court Division on State Court Administration.
The Indiana Supreme Court granted transfer to a case filed by a convicted felon who refuses to register as a sex offender for life.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Brian Keith Thompson v. State of Indiana (NFP)
48A05-1003-CR-268
Criminal. Affirms sentence following guilty plea to Class B felony burglary and Class D felony theft.
Joseph Hackler v. State of Indiana (NFP)
49A02-1004-CR-417
Criminal. Affirms order revoking placement in community corrections.
Darren Witt v. State of Indiana
45A05-1005-PC-319
Post conviction. Affirms denial of petition for post-conviction relief, in which Witt challenged his sentence of life without parole imposed after pleading guilty to murder. Witt can’t prevail upon his attempt to present a free-standing claim of sentencing error and didn’t establish he was denied the effective assistance of counsel.
David A. Lanham v. State of Indiana
60A01-1003-CR-114
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A infraction possession of paraphernalia. The trial court acted within its discretion in admitting the marijuana and drug paraphernalia found in Lanham’s residence.
Earl Budd v. State of Indiana
31A01-0910-PC-504
Post conviction. Grants rehearing to clarify that only sex offenders who are committed to the Department of Correction after committing new sex crimes while required to register as sex or violent offenders are no longer eligible to earn educational credit time. Affirms original opinion in all other respects.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Florence R. Lacy-McKinney v. Taylor Bean and Whitaker Mortgage Corp.
71A03-0912-CV-587
Civil. Reverses summary judgment in favor of Taylor Bean & Whitaker Mortgage Corp. on its action to foreclose on Lacy-McKinney’s mortgage that was insured by the Federal Housing Administration. Views the affirmative defense of noncompliance with HUD regulations as the failure of the mortgagee to satisfy a HUD-imposed condition precedent to foreclosure. To hold otherwise would circumvent the public policy of HUD. Remands for further proceedings.
Augustus Mendenhall, the attorney who attacked an Indiana state representative last year, received a 40-year sentence today from a Hamilton County judge.
A mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals ruled today for the first time.