Small-claims damages award upheld in cabin eviction appeal
A woman who was evicted from a rustic Brown County cabin for unpaid rent lost her appeal Friday that argued in part the $1,500 damages award to her former landlord was excessive.
Dave Stafford
Articles
Justices clear Putnam County prosecutor in discipline case
The Indiana Supreme Court has cleared the Putnam County prosecutor of alleged misconduct in an ethics case that accused him of failing to disclose a deal eliciting testimony from a reluctant witness who claimed he later was wrongly identified, placing him in danger behind bars as a “snitch.”
Justices reverse, find for Bloomington in ex-IU frat house spat
The Indiana Supreme Court on Tuesday reversed lower court decisions against the city of Bloomington, upholding zoning orders requiring residents to vacate a fraternity house that Indiana University no longer recognized. Justices noted the ruling may apply in college and university towns throughout the state.
Appeals court upholds mom’s 40-year neglect sentence in toddler’s death
The mother of a child whose boyfriend was sentenced to life in prison without parole in the 18-month-old’s death failed to show in her appeal that she was wrongly convicted and sentenced to 40 years in prison for her role in the child’s brutalization and death.
Heroin dealer’s conviction vacated, resentencing ordered
An Indianapolis heroin dealer who was sentenced to 25 years in prison after she was convicted of dealing that led to an overdose and conspiracy persuaded a federal appeals court that she should be resentenced and one of the charges against her vacated.
Grandparent visitation order remanded in dispute with guardians
A court order granting a Johnson County grandmother overnight visitation with her 4-year-old grandchild lacked the required statutory findings to support it, but the Indiana Court of Appeals in a first-of-its-kind ruling involving a child’s guardians found enough evidence to let the order stand while remanding for more conclusive findings.
St. Joseph judge who retired back on bench amid appointment stalemate
The Indiana Supreme Court on Monday issued an order appointing Miller, now a senior judge, back to the court she attempted to retire from last year. The order authorizes Miller to serve as a St. Joseph Superior Court judge until May 1 as a fight over her potential successor plays out in another court.
AG Rokita declined to sign bipartisan letter condemning Capitol attack
Indiana Attorney General Todd Rokita, whose Valentine’s Day social media tweet alluding to a stolen election post briefly drew a Twitter warning, declined weeks earlier to sign a nearly universal statement of attorneys general condemning the Jan. 6 attack on the United States Capitol. Separately, the Republican AG is facing calls for records surrounding his decision to remain employed as an adviser to a private company while also holding statewide elected office.
Court wrongly denied pretrial home detention, COA rules
An 18-year-old woman who allegedly drove a getaway car for accomplices involved in an armed burglary was wrongly found to be a risk to the safety of the alleged victim, the Indiana Court of Appeals ruled Monday. The panel ordered the teen remain held on pretrial home detention with GPS monitoring.
Farmworkers awarded $460K in wage theft, labor trafficking judgment
A northern Indiana federal court has ordered a farm in Fowler and its owners to pay more than $460,000 in compensation and damages to nine farmworkers who alleged they were forced to work without pay, housed in abysmal conditions and threatened, among other claims.
Convicted molester fails to show victim’s testimony was incredibly dubious
The Indiana Court of Appeals affirmed a Morgan County man’s child molestation conviction Thursday, rejecting his argument that the victim’s testimony was incredibly dubious.
Man loses appeal over anger management probation condition
Even though a man whose guilty plea in a domestic violence case contained no terms requiring him to participate in anger management classes, a court that ordered them as a term of probation was within its rights to do so, the Indiana Court of Appeals ruled Thursday.
Indy lawyer seeks to keep Trump election challenge alive at SCOTUS
As the impeachment trial of former President Donald Trump on a count of incitement of insurrection began Tuesday, his Indianapolis lawyer who asked the United States Supreme Court to overturn election results in Wisconsin pleaded anew for the high court to keep the case alive because Trump may run again for president.
Divided 7th Circuit reverses, lets Jackson County Courthouse Nativity stand
Lifting an injunction issued by a federal court, a divided panel of the 7th Circuit Court of Appeals on Wednesday ruled that a Nativity scene on the grounds of the Jackson County Courthouse in Brownstown is not unconstitutional under a 2019 case decided by the U.S. Supreme Court.
Appeals panel orders sentence reduced in fatal neglect case
The Indiana Court of Appeals on Wednesday ordered a reduction in the sentence of a woman convicted of neglect resulting in the death of two of her children, finding the offense is not a crime of violence as defined by statute.
‘Hemp argument’ deemed waived in search challenge on appeal
A defendant’s argument that evidence of marijuana admitted in court was fundamental error because a police officer failed to show he was qualified in distinguishing between the odor of pot and legal hemp was too far out for the Indiana Court of Appeals.
Ex-Johnson County Prosecutor Cooper gets 4-year suspension
The former Johnson County prosecutor who was convicted of assaulting his former girlfriend and attempting to cover up his crime was suspended from the practice of law for four years Wednesday without automatic reinstatement.
Stafford: It’s an honor — Your bigger, better Leadership in Law awards
Someday not too long from now, we at Indiana Lawyer will say hello to you in person, and I have to say, I can’t wait for that day. Until then, we have some exciting news to share about our annual Leadership in Law awards.
Justices in tug-of-war over judge in suit accusing ex-lawyer of estate theft
Nearly eight months after the Indiana Supreme Court accepted the resignation of a one-time northern Indiana judge and former lawyer accused of stealing hundreds of thousands of dollars from a widow client’s estate, justices now are being asked to remove the judge hearing a related civil lawsuit.
COA dismisses as premature appeal in breach-of-contract suit
The Indiana Court of Appeals on Friday dismissed as premature an appeal filed by a southern Indiana man who challenged a trial court order dismissing three of four defendants that he sued, claiming breach of contract in a real estate sales dispute.