Courts

Judge grants e-liquid maker temporary restraining order in vaping case

July 1, 2016
Hayleigh Colombo, IBJ Staff
One scorned e-liquid manufacturer will get a short reprieve from Indiana’s new vaping laws, which effectively shut many players out of the market when the laws took effect Friday.
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Court: Deputies may face personal liability in false-arrest case

July 1, 2016
Dave Stafford
Two Kosciusko County sheriff’s deputies may face personal liability stemming from a wrongful arrest and false imprisonment case, a federal judge has ruled.
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Judge frees man held 3 years after molesting acquittals

July 1, 2016
 Associated Press
A Portage man held without bond for three years has been acquitted of four counts of child molesting and ordered immediately released from jail.
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Cinemark attorneys want victims to pay $700K in legal fees

July 1, 2016
 Associated Press
Attorneys for Cinemark want victims of a 2012 shooting at a Colorado movie theater to pay nearly $700,000 in legal fees after they unsuccessfully sued the theater chain.
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Appeals court nixes $7.25B credit card swipe fee settlement

July 1, 2016
 Associated Press
A $7.25 billion settlement between merchants and Visa Inc. and MasterCard Inc. over credit card transaction fees was rejected Thursday by a federal appeals court, a ruling praised by a retail trade association as a victory for consumers.
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Whitley County judge bound for Guantanamo

July 1, 2016
IL Staff
Whitley Superior Judge Douglas M. Fahl soon will be far from his courtroom in Columbia City. A major in the Indiana National Guard Judge Advocate General Corps, Fahl has been called to active duty and will be heading for a judicial post at Guantanamo Bay, Cuba.
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Judge: Indiana’s parenthood statutes violate constitutional rights of same-sex couples

June 30, 2016
Marilyn Odendahl
Indiana married same-sex couples have won the right to both be listed as parents on their children’s birth certificates.
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COA majority rules dog sniff did not prolong stop

June 30, 2016
Scott Roberts
The Indiana Court of Appeals reversed a woman’s motion to suppress evidence found at a traffic stop in a 2-1 decision after the court ruled the stop was not extended by an officer’s check of the car with his dog.
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Evidence found during arrest for public intox is admissible, COA rules

June 30, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man’s misdemeanor cocaine possession conviction after it held the search an officer conducted after finding the man asleep in his car did not violate his Fourth Amendment rights and thus the trial court did not abuse its discretion by admitting the cocaine found during the search.
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Judge blocks Indiana abortion law

June 30, 2016
Dave Stafford
A federal judge has issued a preliminary injunction blocking Indiana’s restrictive new abortion law from taking effect Friday.
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Majority: 2 shoplifting charges not RICO violations

June 30, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision the state went too far when it convicted a man who committed two acts of shoplifting under the state’s Racketeer Influenced and Corrupt Organizations Act and reversed his conviction for corrupt business influence.
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COA: Failure to give breath test sample was refusal to take test

June 30, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a woman refused a chemical breath test, noting the officer giving the test followed all the proper procedures and was within his rights to determine she refused the test after she failed to give a valid sample three times.
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Supreme Court hears arguments in threat case

June 30, 2016
Scott Roberts
The Indiana Supreme Court heard arguments Thursday morning on whether to grant transfer in a case on the question of whether an arrestee's statement could be considered a true threat because there is no evidence that the officer felt threatened by it.
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State vaping law survives federal challenge

June 30, 2016
Scott Olson, IBJ Staff
A federal judge on Thursday upheld as constitutional a controversial state law that regulates the manufacturing of vaping “e-liquids.”
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Judge approves settlement in 'Happy Birthday' copyright case

June 29, 2016
 Associated Press
A judge has approved a settlement that will put "Happy Birthday to You" in the public domain.
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Women sue Beech Grove after city blocked Facebook activity

June 29, 2016
Scott Roberts
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of two women against the city of Beech Grove after the city removed comments the two women wrote on Facebook posts the city and police department had made.
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Indiana man gets 3 years for bomb threat to avoid court

June 29, 2016
 Associated Press
An Anderson man has been sentenced to three years in prison for phoning a bomb threat to the Madison County Clerk's office last month to avoid a court hearing.
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COA: Minors’ malpractice suit can continue

June 29, 2016
Scott Roberts
The Indiana Court of Appeals ruled a medical malpractice lawsuit filed by minor children can continue after it found the suit was not untimely filed. The children were in the correct age range to trigger an exception in the Medical Malpractice Act.
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COA: Death during robbery is felony murder

June 29, 2016
Scott Roberts
The Indiana Court of Appeals found evidence was sufficient to uphold a robber’s conviction of felony murder after one of his accomplices was killed in a fight with a robbery victim.
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7th Circuit affirms judgment for employee on ADA claim

June 29, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed judgment for an employee who claimed the city of Anderson did not accommodate his disability when it fired him for not having a commercial driver’s license he could no longer get because of his diabetes.
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Deadline for mandatory e-filing nears for Hamilton County, Indiana appellate courts

June 29, 2016
Dave Stafford
Ready or not, the era of e-filing begins July 1 for everyone submitting court documents in Hamilton County and in Indiana’s appellate courts. There’s evidence that despite the buildup over recent months, many lawyers and filers may be caught off guard.
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Are old convictions still relevant?

June 29, 2016
Dave Stafford
A man who admitted fault and negligence for a Lake County drunken-driving crash is appealing damages of $2 million awarded in the case, claiming the jury was wrongly provided evidence of his prior alcohol-related driving convictions that were 17 and 30 years old.
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Pilot program to help judges with complex motions

June 29, 2016
Scott Roberts
Judges in four Indiana counties soon will have some help with complex motions thanks to a bill passed by the Indiana Legislature.
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VW settlement could return $66M to eligible Hoosiers

June 28, 2016
IL Staff
More than 6,600 Hoosiers who bought certain Volkswagens or Audis designed to defraud diesel emissions tests may receive cash compensation, have their cars bought back or their engines modified. Indiana Attorney General Greg Zoeller announced Tuesday that restitution for eligible Indiana consumers could reach $66 million.
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COA: Couple proved adverse possession of land along fence

June 28, 2016
Jennifer Nelson
In a dispute between neighbors over a property line, the Indiana Court of Appeals agreed with the trial court that a Johnson County couple satisfied the elements needed to be successful in their adverse possession and quiet title counterclaim.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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