Articles

COA accepts appeal on Camm prosecutor

The Indiana Court of Appeals has accepted an interlocutory appeal addressing whether a southern Indiana prosecutor should be able to stay on the third triple-murder trial of former Indiana State Police trooper David Camm

Read More

IBM litigation explores executive privilege issue

A Marion Superior judge has ordered Indiana state officials to turn over thousands of documents relating to the state’s cancellation of a welfare system modernization, ruling on an issue of first impression about whether a “deliberative processes” executive privilege exists in Indiana.

Read More

Porter County can’t leave RDA

A northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate economic development, the Indiana Court of Appeals held Wednesday.

Read More

Competitor lacks standing for judicial review

A trial court was correct in dismissing the petition for judicial review from a liquor wholesaler who challenged the issuance of a wine and liquor permit to a competitor because the wholesaler lacked standing, ruled the Indiana Court of Appeals.

Read More

COA: Juror bias should have been examined

The Indiana Court of Appeals has ordered a new trial for a surgeon accused of medical malpractice during a stem cell collection procedure in which the patient died, finding that the trial court didn’t follow protocol in examining a potential juror’s impartiality and deciding whether to strike that person from the jury pool.

Read More

ALJ, problem-solving courts bills moving

A House bill dealing with problem-solving courts and a Senate bill that involves administrative proceedings and administrative law judge disqualifications have made it out of their respective judiciary committees.

Read More

Prosecutor can stay for new Camm trial

A special judge in Southern Indiana has ruled that the prosecutor who handled the first two triple murder trials of former state trooper David Camm can stay on to handle the third.

Read More

Judges reverse man’s removal from sex offender list

A trial court erred in ordering a man’s name removed from the state’s sex offender registry because the court didn’t provide notice to the appropriate parties or hold a hearing before doing so, ruled the Indiana Court of Appeals.

Read More

COA finds inmate’s post-conviction relief process ‘confusing’

The Indiana Court of Appeals reversed the denial of a pro se inmate’s petition for permission to file a belated appeal after his post-conviction relief petition was denied, finding the chronological cases summary to contain inconsistencies. The judges also noted that this particular court has a “documented history” of not organizing and keeping abreast of its post-conviction relief files.

Read More

Justices reaffirm uniform-contract interpreation approach

The Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation insurance coverage case.

Read More

COA: Trust not bound by ISTA employment arbitration clause

The Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts.

Read More

Panel criticizes late discovery introduction

While recognizing that the state’s practice of allowing late introduction of evidence basically rewards attorneys who don’t prepare for trial, the Indiana Court of Appeals looked beyond that practice in a recent decison to how the rules still protect a person’s right to a fair trial.

Read More

Justices accept one criminal case

The Indiana Supreme Court has taken an Elkhart County appeal challenging three felony child molesting convictions and an 80-year aggregate sentence.

Read More

Court examines statute about paternity, child support

The Indiana Court of Appeals ruled on a matter of first impression today, analyzing a specific state statute relating to how a court can cancel child support arrearage after a man’s paternity is vacated based on new genetic testing.

Read More