Courts

Single order can have more than 1 disposition

March 10, 2009
Michael Hoskins
The Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the Department of Correction and in the same order also require probation after release.
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High court: land seller not liable in death

March 10, 2009
Jennifer Nelson
Addressing an issue of first impression today, the Indiana Supreme Court considered under what circumstances a vendor of land may be liable to a third party for harm resulting from the condition of trees on the property near a road.
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Supreme Court grants transfer, remands case

March 10, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case involving a defendant's motion for leave to file a belated appeal and remanded the case for further proceedings.
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COA upholds denial of motion for class action

March 9, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion for a class-action suit because a claimant seeking redress pursuant the Wage Claims Act has to first submit the claim to the Department of Labor before filing a lawsuit and can't bypass the statute if another member of the putative class has already submitted a claim.
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Teen's Fourth Amendment rights not violated

March 9, 2009
Jennifer Nelson
Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.
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Transfer vacated in builder negligence suit

March 6, 2009
IL Staff
The Indiana Supreme Court vacated transfer in an order dated March 4 to a case involving homeowners and companies that performed work on their house
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Judges disagree on proof-of-age issue

March 6, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed today about whether the state proved in its case a convicted child molester was 21 years old at the time the molestation occurred.
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High court transfers jury-instruction case

March 6, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday to a case in which a man's attempted murder conviction was ordered to be vacated as a result of his attorney's deficient performance on appeal.
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SCOTUS: Plaintiffs can sue drug companies

March 5, 2009
Michael Hoskins
The U.S. Supreme Court says pharmaceutical companies can be sued in state court over alleged drug effects, even if the Food and Drug Administration has approved the medication and its warning label.
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High court grants order in election case

March 5, 2009
IL Staff
The Indiana Supreme Court issued an order today granting the Marion County Election Board's corrected motion to remand a case pursuant to Appellate Rule 37.
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Panel disagrees in admitting expert testimony

March 5, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled today that a trial court didn't err in allowing into evidence an injured woman's testimony about medical tests and the cause of her pain.
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Appellate panel travels to Hammond

March 4, 2009
IL StaffMore

High court reverses $2.3 million jury award

March 4, 2009
Jennifer NelsonMore

Man isn't entitled to parental privilege defense

March 4, 2009
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.
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Appellate court gets dismissed Voter ID case

March 3, 2009
Michael Hoskins
The Indiana Court of Appeals is being asked to overturn a Marion Superior judge's decision that found the state statute requiring voters to show photo identification before casting a ballot is constitutional.
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Judge: punitive-damage cap unconstitutional

March 3, 2009
Michael Hoskins
A Marion County judge has refused to reduce damages in a priest sex-abuse case, saying the punitive damage caps put in place more than a decade ago are unconstitutional.
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COA: annexation detailed summary sufficient

March 3, 2009
Jennifer Nelson
Ruling on the issue of whether or not a city's "detailed summary" of a fiscal plan followed statutory notice requirements, the Indiana Court of Appeals affirmed judgment today in favor of the city in a suit filed by remonstrators.
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Court grants 5 transfers, denies 1

March 2, 2009
IL Staff
The Indiana Supreme Court has agreed to take five cases, but declined to hear a judicial review case involving a transfer tax.
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COA: Bank didn't breach duties as trustee

March 2, 2009
Jennifer Nelson
Although tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the bank acted in good faith.
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Supreme Court disbars attorney

March 2, 2009
Jennifer Nelson
A split Indiana Supreme Court voted to immediately disbar an Indianapolis attorney who pleaded guilty to one count of willfully making a false tax return.
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Magistrate: Uniroyal not liable for cleanup costs

February 27, 2009
Michael Hoskins
As a federal magistrate judge puts it, "All good things must come to an end."
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Theft case requires special prosecutor

February 27, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a man's request for the reappointment of a special prosecutor because the original basis for appointing the special prosecutor still existed even after one charge was dropped.
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Longtime Madison County judge dies

February 27, 2009
Jennifer Nelson
A longtime Madison County judge died suddenly Wednesday. Judge David W. Hopper, 60, had served as a jurist for a total of 28 years.
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Case requires balancing act by court

February 27, 2009
Jennifer Nelson
In a case requiring the Indiana Court of Appeals to "perform a delicate balance" between making sure a mentally disabled person wasn't improperly denied his constitutional rights and not penalizing police for non-coercive conduct, the appellate court affirmed the denial of a defendant's motion to suppress.
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High court vacates transfer

February 27, 2009
Jennifer Nelson
The Indiana Supreme Court vacated transfer yesterday in a case in which a defendant appealed his convictions of voluntary manslaughter, carrying a handgun without a license, and finding that he was a habitual offender.
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