Courts

COA: Adverse possession gives farm owner title to Boone Co. property

February 28, 2017
Olivia Covington
The Indiana Court of Appeals has ruled that a farm owner is the legal title holder of a disputed 61-foot-wide portion of a Boone County property, holding that the doctrine of adverse possession gives him the title.
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COA affirms damages award to state, but reduces total amount

February 28, 2017
Olivia Covington
The state of Indiana was entitled to more than $1 million in costs and treble damages after a township auditor criminally misappropriated funds, the Indiana Court of Appeals held Tuesday, though it reduced the total amount of damages owed to the state.
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COA reverses modification of child support order

February 28, 2017
Olivia Covington
The Indiana Court of Appeals has reversed the modification of a child support ordering, finding that there were no substantial and continuing circumstances to justify the change.
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Appellate court rules teen's pending cases should be in adult court

February 28, 2017
Olivia CovingtonMore

Hate-crime bill pulled before Senate vote

February 28, 2017
Marilyn Odendahl
The only hate crime bill that was sent to the Senate floor for a vote was pulled by the author yesterday after a proposed amendment from a Republican senator split support for the measure and led to the conclusion that reaching a consensus would be too difficult.
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Southern District to ‘borrow’ judges to ease judicial emergency

February 28, 2017
IL Staff
Two Wisconsin district court judges will begin lending their services to the Hoosier state Wednesday as part of a pilot partnership designed to ease the caseloads of the judges of the U.S. District Court for the Southern District of Indiana, consistently ranked among the 10 busiest federal district courts.
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Pence asks Supreme Court to keep some governor emails secret

February 28, 2017
 Associated Press
Vice President Mike Pence is asking the Indiana Supreme Court to let him keep secret some documents emailed to him while he was the state's governor.
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Ex-IU student ethics employee sentenced in child porn case

February 28, 2017
 Associated Press
A former employee of Indiana University’s Office of Student Ethics has been sentenced after pleading guilty to possession of child pornography.
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Plaintiffs: 5 automakers knew Takata air bags were dangerous

February 27, 2017
 Associated Press
Plaintiffs in dozens of lawsuits against air bag maker Takata and five automakers allege the car companies knew that Takata's products were dangerous yet continued to use them for years in order to save money.
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ITT trustee hires ‘feared’ litigators

February 27, 2017
IL Staff
The Chapter 7 bankruptcy trustee for ITT Educational Services has hired “the most feared” litigators in the nation to help with investigating and prosecuting claims against the former directors and officers of the for-profit school.
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Attorney suspended after OWI conviction

February 27, 2017
IL Staff
The Indiana Supreme Court has suspended an Indianapolis attorney who pleaded guilty to drunken driving and resisting police.
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Justices deny transfer in defamation suit against Noblesville High School

February 27, 2017
Olivia Covington
A defamation suit brought against Noblesville Schools by a former high school basketball coach will continue after the Indiana Supreme Court declined to hear the case.
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Black History Month CLE features relationship between Madam CJ Walker, her attorney

February 27, 2017
Olivia Covington
As Sarah Breedlove – better known to the public as Madam C.J. Walker, one of the nation’s first female, black, self-made millionaires – built up her line of haircare products at her Indianapolis factory in the early 20th century, there was always one person by her side to ensure that the I’s of her business were dotted and the T’s were crossed – her attorney, Freeman B. Ransom.  
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Supreme Court upholds disclosure requirement for issue ads

February 27, 2017
 Associated Press
The U.S. Supreme Court has upheld a requirement that forces groups to say who is paying for issue advertising directed at candidates in an approaching election.
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Delphi girls’ killing investigators get bigger headquarters

February 27, 2017
 Associated Press
Investigators in Delphi have moved to a larger headquarters as they work on finding who killed two teenage girls near a northern Indiana hiking trail.
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60-year sentence for abduction, slaying of Indiana toddler

February 27, 2017
 Associated Press
A southern Indiana man accused of kidnapping, raping and killing a 15-month-old girl was sentenced Monday to 60 years in prison after a judge accepted his plea agreement.
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COA affirms dismissal of PCR petition

February 24, 2017
Jennifer Nelson
A man challenging his guilty plea on the basis of ineffective assistance of counsel did not present any evidence to support his allegations, so the Indiana Court of Appeals affirmed summary disposition of his petition for post-conviction relief.
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Acupuncture clinic fails to prove point before COA

February 24, 2017
Jennifer Nelson
An employee at an Indiana acupuncture and yoga facility who was repeated screamed at by the owner had good cause for quitting and is thus entitled to unemployment benefits, the Indiana Court of Appeals affirmed Friday.
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Judges divided on retrial for voluntary manslaughter

February 24, 2017
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals reversed a man’s conviction of voluntary manslaughter, which the state chose to charge him with after he shot and killed his brother-in-law in what he claimed was self-defense.
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Toddler’s testimony supports adjudication as a delinquent

February 24, 2017
Marilyn Odendahl
Despite the three-year-old’s questionable testimony at a hearing, the Court of Appeals affirmed her stepbrother’s adjudication as a delinquent child because she never wavered when recounting the molestation.
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COA affirms sentence for man who violated drug court rules

February 24, 2017
Marilyn Odendahl
A man who repeatedly violated the rules and regulations of a drug court program failed to convince the Indiana Court of Appeals his ensuing advisory nine-year sentence was inappropriate.
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Judges reverse resisting law enforcement conviction

February 24, 2017
Olivia Covington
The Indiana Court of Appeals has overturned a man’s resisting law enforcement conviction after finding that the police officer’s actions justified the man’s resistance.
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COA affirms denial of motion to suppress traffic stop evidence

February 24, 2017
Olivia Covington
A Lawrence County woman cannot appeal the trial court’s denial of her motion to suppress drug evidence obtained during a traffic stop because the officers who stopped her had a reasonable suspicion to do so.
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COA reverses judgment in favor of law firm in legal malpractice case

February 24, 2017
Olivia Covington
A legal malpractice case against a northern Indiana law firm will proceed after the Indiana Court of Appeals held Friday that there was a genuine issue of material fact as to whether the litigant’s original negligence claim would have succeeded but for the firm’s negligence.
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COA orders return of bond balance

February 24, 2017
Olivia Covington
The Indiana Court of Appeals has reversed a Fayette Circuit Court decision to hold the balance of a man’s bond in trust after finding that Indiana law prohibits courts from holding bonds in trust for public defender fees not yet incurred.
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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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