Courts

COA: Twins to remain with guardian, not grandmother

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed a lower court’s ruling that twins from northern Indiana may be adopted by their guardian in Bloomington over the objections of the children’s father and paternal grandmother.
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COA dismisses battery appeal as untimely

February 18, 2014
Jennifer Nelson
The Marion County man who challenged his sexual battery and battery convictions had his appeal dismissed sua sponte by the Indiana Court of Appeals because his appeal was untimely.
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Judges reject man’s Department of Toxicology claims

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of the motion by a man charged with drunken driving to exclude any evidence or testimony from the state Department of Toxicology. The court rejected his argument that there were no rules or regulations on the books regarding the newly created department.
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Justices decline to take Holiday World dispute

February 18, 2014
Jennifer Nelson
The Indiana Supreme Court will let stand the ruling that the widow and children of the late William Koch Jr. can keep their shares in the southern Indiana theme park Holiday World and Splashin’ Safari. The justices declined transfer to the legal dispute which arose in the Koch family following Will Koch’s death.
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NIPSCO loses appeal of reinstatement of driving privileges

February 17, 2014
Jennifer Nelson
The Northern Indiana Public Service Company was unable to convince the Indiana Court of Appeals that a lower court erred when it reinstated the driving privileges of two people who had been involved in car accidents that damaged NIPSCO’s property.
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COA: Woman’s conduct is harassment, not intimidation

February 17, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a woman’s misdemeanor intimidation conviction stemming from her communications with the wife of her baby’s father. The court held that the state was unable to prove she committed intimidation as charged.
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Valpo attorney charged with $1.6M theft held in contempt in civil suit

February 17, 2014
Dave Stafford
A Porter County lawyer allegedly stole more than $1.6 million from four companies owned by a client he represented for decades, according to criminal charges filed against him.
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Man’s 10-year cocaine sentence upheld by 7th Circuit

February 17, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that the drugs seized at his home with a warrant following his arrest should have been excluded from determining his sentence after the District judge ruled the warrant was invalid.
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Judges: No credit time for repeatedly violating supervised release

February 17, 2014
Jennifer Nelson
In a case of first impression for the 7th Circuit Court of Appeals, the court agreed with its fellow Circuit courts that prior time served for violations of supervised release is not credited toward nor limits the statutory maximum a court may impose for subsequent violations of supervised release pursuant to 18 U.S.C. Section 3583(e)(3).
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Southern District testing inclusion of links in documents

February 14, 2014
IL Staff
The U.S. District Court for the Southern District of Indiana announced this week that it is beginning a pilot program that will let the court and attorneys include active hyperlinks within e-filed and court-issued documents.
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COA finds dismissal of judicial review petition not warranted

February 14, 2014
Jennifer Nelson
Noting that the Indiana Supreme Court has been divided on this issue – but will take it up soon – the Indiana Court of Appeals has held that it could review the dismissal of a petition for judicial review even though the company filing the petition did not file a complete, certified agency record.
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Woman’s convictions are crimes of violence, justifying sentence

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals agreed with the state Thursday that a woman’s Class D felony drunken-driving convictions are considered “crimes of violence” under Indiana law, so there was no error when the trial court imposed a seven-year consecutive sentence.
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Wabash fraternity must face alleged hazing-injury claim

February 13, 2014
Dave Stafford
A freshman pledge’s personal-injury claim resulting from what he alleged was a hazing incident at Wabash College may proceed against the campus fraternity, and he may seek compensatory and punitive damages, the Indiana Supreme Court ruled Thursday, overturning lower court rulings.
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Appeals court: IBM materially breached contract with state

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed a Marion County judge’s finding that IBM did not materially breach the contract it had with the state to modernize its welfare system. As a result, the appeals court ordered a determination of damages to the state.
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Man gets partial win on appeal, still must pay for damaging woman’s home

February 13, 2014
Jennifer Nelson
The man who purchased 2.28 acres of land in a foreclosure sale must pay for the damage he caused by taking the law into his own hands in trying to evict a woman living in a mobile home on the property, the Indiana Court of Appeals ruled. But, the court reversed summary judgment in favor of the woman on adverse possession, prescriptive easement and trespass claims.
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COA finds portion of public intoxication statute unconstitutionally vague

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has found that the portion of the public intoxication statute enacted in 2012 that uses the term “annoys” is void for vagueness. As such, it reversed a man’s conviction for public intoxication that was based on annoying behavior.
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COA reverses piercing of corporate veil, but upholds slander of title finding

February 12, 2014
Jennifer Nelson
A Hendricks County storage facility’s claims of breach of contract and slander of title were affirmed on appeal against a contractor hired by the facility to provide excavation services. The Indiana Court of Appeals reversed the piercing of Country Contractors Inc.’s corporate veil to find its two shareholders personally liable.
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Justices: Facts don’t justify subjecting family to CHINS proceeding

February 12, 2014
Jennifer Nelson
The Indiana Supreme Court reversed the finding that a child with special needs is a child in need of services after ruling that the circumstances of this case don’t support that the mother needed the court’s coercive intervention to address concerns in the CHINS petition.
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Ex-IMPD officer pleads guilty to drunken driving

February 12, 2014
IL Staff
Former Indianapolis Metropolitan Police officer David Bisard has pleaded guilty to operating a motor vehicle while intoxicated as a Class A misdemeanor. The sentence will be served consecutively to the 16-year sentence he is currently serving for a 2010 crash that killed one motorcyclist and injured two others.
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Proposed criminal justice complex draws 5 bidders

February 12, 2014
Kathleen McLaughlin
Five groups of developers have responded to Indianapolis' call for candidates to build a new criminal justice complex.
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Indy attorney: airport site 'cannot' work for justice complex

February 12, 2014
Dave Stafford
Indianapolis International Airport may be officials’ preferred location for a proposed Criminal Justice Complex, but some attorneys who work in the system are critical of the idea.
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Drug court lawsuits in the works

February 12, 2014
Dave Stafford
A Clark County judge and his staff are accused of wrongful jailings, arrests and searches of drug court participants.
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Why I love the law

February 12, 2014
IL Staff
In honor of Valentine’s Day, we asked Indiana Lawyer readers to tell us why they love the law. The responses contain a common theme – people – whether it’s working with talented colleagues, teaching others about the law or helping people navigate through the legal waters.
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Biomet settles hip-replacement litigation

February 12, 2014
Dave Stafford
The most serious cases from among more than 950 patients around the nation who claim they were harmed by a Warsaw company’s implanted hip-replacement devices will share in a settlement expected to exceed $100 million, according to an attorney involved in the case.
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Explanation as to the spirit of the law was harmless error

February 11, 2014
Marilyn Odendahl
Although a trial court’s words to a jury about the spirit of Indiana’s criminal law was improper and an error, it was harmless and could not overturn a defendant’s sentence of life without parole.
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