Push to end statute of limitations for sex crimes brings support, hesitancy
In Indiana, the majority of sex crimes have a five-year statute of limitation, with exceptions granted for newly discovered DNA evidence, a recording or a confession.
Statute of Limitations
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Sexual assault survivors urge lawmakers to end statute of limitations, codify ‘bill of rights’
Several Hoosier women on Tuesday detailed horrific cases of rape and child molestation as they asked lawmakers to take up legislation ending the statute of limitations for some sexual assault offenses.
Pope orders Vatican to reopen case of priest accused of adult abuse but allowed to keep ministering
Pope Francis has ordered the Vatican to reopen the case of a well-known priest-artist accused of sexually, psychologically and spiritually abusing adult women, and removed the statute of limitations that had previously prevented a church trial based on the women’s claims.
Despite pleading to charge that was beyond statute of limitations, defendant finds no relief at 7th Circuit
A man who unknowingly pleaded guilty to a charge for which the statute of limitations had run has failed to secure habeas relief at the 7th Circuit Court of Appeals after also failing to secure post-conviction relief in the state courts.
Personal injury complaint timely filed under Supreme Court’s COVID-19 tolling orders, COA says
A woman injured in a car crash timely filed her complaint against the other driver, the Court of Appeals of Indiana has ruled, pointing to Indiana Supreme Court orders that tolled statutes of limitation to ease the burden on Hoosier litigants at the height of the COVID-19 pandemic.
COA reverses for farm in neighbors’ shared drainage line dispute
The Court of Appeals of Indiana has reversed in a dispute between neighbors over the use of a drainage line in Montgomery County, finding the farmland owner’s suit wasn’t subject to a six-year statute of limitations.
2-year limit on uninsured motorist claim not against public policy, COA rules
The Court of Appeals of Indiana has affirmed the grant of summary judgment to an insurance carrier that denied a claim for uninsured motorist coverage, finding the claim was untimely and the two-year statute of limitations was not against public policy.
COA finds juvenile court has jurisdiction over 8-year-old child molestation accusation
The Indiana Court of Appeals was able to forgo having to choose a side in a knotty policy argument by citing state statute which gave the juvenile court jurisdiction in a case of alleged child molestation that didn’t come to light until the accused offender was over 18 years of age.
Corruption dispute between Marion, financial adviser headed to trial
A dispute between a city administration and a financial advising group that allegedly contributed to corruption in the city is headed to trial after the Indiana Supreme Court reversed the award of summary judgment for the adviser.
Hospital indemnity claim against doctors subject to med-mal act, COA rules
Indemnity claims brought by one health care provider against another are subject to the Indiana Medical Malpractice Act, the Indiana Court of Appeals ruled Tuesday, finding the language of the MMA is not limited to claims brought by patients or their representatives. The court issued its ruling in a case involving a dispute between a hospital and independent radiologists.
Justices hear arguments in ‘fraud’ case stemming from missed diagnosis
The distinction between active and constructive fraud has long been established in Indiana law. But should that distinction be abolished, or an exception carved out? That question is before the Indiana Supreme Court in a closely watched medical malpractice lawsuit.
COA upholds judgment for teens’ doctors on parents’ constitutional claims
Tipton County parents who alleged their children were unconstitutionally treated by doctors while in a grandmother’s care failed to convince the Indiana Court of Appeals that summary judgment for the doctors was inappropriate.
Justices: Juvenile courts lack jurisdiction to waive those who age out
Juvenile courts’ jurisdiction to waive minors to adult court ends when the juvenile reaches the age of 18 or 21, depending on the nature of the case, the Indiana Supreme Court ruled Tuesday, reinforcing bright-line statutory jurisdiction in dismissing a pair of cases alleging child molestation.
Divided COA panel finds for woman wrongly told hepatitis test was negative
A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated June 26 by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.
Divided COA panel finds for woman wrongly told hepatitis test was negative
A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated Friday by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.
Indiana businesses follow reopening plan; Fauci warns of ‘suffering and death’ if US reopens too soon
As many Indiana restaurants resumed in-person dining and some hair salons began reopening around Indiana on Monday, state officials said most businesses have been following restrictions imposed to slow the coronavirus spread.
Reversal finds for DCS in dad’s negligence suit after son’s death
A father who sued the Indiana Department of Child Services after his son died in the custody of his mother and her boyfriend was barred from continuing with his lawsuit Wednesday by the Indiana Court of Appeals. A panel of judges ruled for DCS, finding the father had not timely given the agency tort claim notice.
Justices remand for reconsideration in Munster misuse of public funds case
A unanimous Indiana Supreme Court has remanded a case, reinstating state claims against two former Munster school officials accused of misappropriation of funds. The court cited its recent decision concerning a case involving a Jennings County bookkeeper.
Court erred by correcting error after appeal began
An Indiana trial court erred in a case over unpaid elevator repair bills by granting the plaintiffs’ motion to correct error after the case already had gone up to the Indiana Court of Appeals.
Bill extending sex crimes statute of limitations advances to full House
“How many more victims will there be?” Dawn Price, a survivor of childhood sexual abuse, posed that question before the Indiana House Courts and Criminal Code Committee on Wednesday while testifying in support of legislation that would extend the amount of time victims have to prosecute their perpetrators.