Courts

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Court of Appeals finds no standing post-adoption, suggests legislative remedy

February 25, 2015
An Indiana appeals court empathized with a grandmother’s situation, but it ruled the law gave the court no choice but to strip her of visitation with her granddaughter, whose mother – the grandmother’s daughter – had died.More.

Wife wins appeal of division of marital estate

February 27, 2015
The Indiana Court of Appeals agreed with a wife in a divorce proceeding that the trial court erred in how it calculated and divided the marital estate. The lower court incorrectly attributed the value of Florida real estate to the wife’s share of the marital pot as well as failed to credit her for paying the parties’ tax debt.More.

Search of home of man in community corrections based on reasonable suspicion

February 27, 2015
A trial court acted within its discretion in admitting evidence seized from a man’s home, the Indiana Court of Appeals held Friday. The police search was justified by reasonable suspicion that the man engaged in criminal activity and a search condition contained in his agreement with community corrections.More.

Because enhancement vacatur altered sentence, COA vacates plea agreement

February 27, 2015
Because removing a defendant’s habitual offender enhancement altered the sentence the parties had bargained for, the Indiana Court of Appeals ordered the trial court to vacate the entire plea agreement.More.

Other Courts Coverage

Wife wins appeal of division of marital estate

The Indiana Court of Appeals agreed with a wife in a divorce proceeding that the trial court erred in how it calculated and divided the marital estate. The lower court incorrectly attributed the value of Florida real estate to the wife’s share of the marital pot as well as failed to credit her for paying the parties’ tax debt.More.

Elkhart teens try to convince justices to revisit felony murder statute

An Indiana statute and a 16-year-old Indiana Supreme Court decision interpreting that statute are under review as three teenagers serving 45-year sentences asked the justices to overturn their convictions for felony murder.More.

Justices: Fisherman is off the hook in grouper-tossing case

A Florida fisherman convicted of tossing undersized grouper off his boat is off the hook after a divided Supreme Court ruled Wednesday that he should not have been ensnared by a law targeting accounting fraud.More.

COA ruling revives non-union subcontractor’s Antitrust Act claim

A non-union subcontractor presented evidence establishing a genuine issue of material fact that the company awarded a contract to build a new school violated Indiana’s Antitrust Act by unlawfully restraining open and free competition for the public project, the Court of Appeals held Thursday.More.

Winter storm delays child neglect trial in South Bend

A winter storm that brought as much as 19 inches of snow to northern Indiana has delayed a South Bend child neglect trial.More.

More Courts Coverage

In Depth Report

Online Extra: Judicial Roundtable 2014

When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state's appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana's Bankruptcy Court to discuss their career paths as well as opportunities and challenges today's courts and lawyers face.More.

Improving a child's access to counsel

A proposed draft rule would change waiver procedures in the juvenile justice system.More.

Early intervention for juveniles

A new law, along with pilot programs, encourage alternatives to keep kids out of courts.More.

Views shift on use of executions

What if 1976 hadn’t played out the way it did, and some of the jurists on the U.S. Supreme Court had held the view of capital punishment at that juncture that they did at the end of their judicial careers? The death penalty may never have been reinstated.More.

In Depth Reports

 
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  1. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  2. Infliction of distress on customers as well as borrowers, is a way of doing business at the TARP-taking megabanks. Why bother to help borrowers or please customers in order to make a profit, when the government will tax its own citizens just to bail you out. ... If I had a dollar for every minute I've waited on hold for the clowns at these banks to pick up and deal with a problem instead of avoiding it by the oblivion of endless telephonic transfers-- I could probably retire.

  3. I read the line "Quigley offered another means to introduce texts. “I have witnessed and been involved in depositions where someone asks someone else to take a cellphone out and read a series of messages,” he said. “What it did was ultimately preserve the fact that there were these communications.” That is not true. A message can be created and sent to a phone looking like it came from another phone, when in actuality it didn't. You must take the totality of the available data from all sources in order to judge what has happened. As far as in house people doing the phone investigation or pulling messages. Someone from a large local firm told me one time "we need to be one step removed from things like this, that's why we go out of shop" I just can't fathom a law firm using an in house IT person to do work on a case or a potential case when you can be called to task on that.

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