Murder defendant’s trial attorney ineffective, COA rules
The Indiana Court of Appeals reversed and remanded the denial of a man’s post-conviction relief petition, finding his trial counsel was ineffective and his petition was not barred by laches.
Scott Roberts
Articles
7th Circuit: Women’s services ad can be posted in buses
The 7th Circuit Court of Appeals found a women’s health organization can advertise on city buses because its ad does not violate any of the transit company’s ad policies, overturning a Northern District of Indiana decision.
7th Circuit: Omission of fibromyalgia diagnosis reversible error
The 7th Circuit Court of Appeals ruled that an administrative law judge’s omission of fibromyalgia from a woman’s list of impairments was not supported by the evidence and reversed denial of her application for supplemental security income.
Justices rule jury instruction not fundamental error
The Indiana Supreme Court found a jury instruction that jurors “shall presume” that a man’s alcohol concentration equivalent was above the legal limit if his chemical test, taken hours later, was at 0.08 or higher was not fundamental error. As such, it affirmed his conviction.
Study: Indiana judiciary doesn’t reflect state’s diversity
Indiana is one of 26 states to receive a failing grade on the diversity of its judiciary in a new study released Wednesday by the American Constitution Society for Law and Policy.
Appeals court reverses adoption petition
The Indiana Court of Appeals reversed an adoption petition after it found the adoptive mother did not participate in a sufficient background check and the court should have combined the adoption proceedings with a paternity hearing that was also occurring at the same time.
COA: Unreturned warrant doesn’t justify trial delay
A man’s criminal charges will be dismissed after Indiana Court of Appeals found the fact that a warrant for his arrest was not returned to trial court didn’t mean the court was absolved of its responsibility to grant him the speedy trial he asked for.
Attorney wins $9.5M for family of man who died in rehab hospital
An Indiana attorney has won what he claims is a record amount from a wrongful death lawsuit as a Lake County jury Friday awarded the family of a man who died in a rehabilitation hospital $9.5 million.
COA: ADA does not apply in termination proceedings
The Indiana Court of Appeals ruled the Americans with Disabilities Act does not apply in termination of parental rights proceedings in a case where a deaf father with cognitive and mental health problems appealed the termination of his parental rights to his son.
7th Circuit cuts attorney fees in Indy skyline photo case
The 7th Circuit Court of Appeals found the district court did not calculate attorney fees correctly in a dismissed copyright lawsuit and remanded the case so the correct amount could be awarded.
Appeals court affirms reinstatement of drug sentence
The Indiana Court of Appeals affirmed the reinstatement of a woman’s sentence after she was terminated from drug court, finding a request for new counsel she made was too late and a stay of her drug court supervision was meant to help her, not harm her.
COA dismisses appeal of agreed judgment
The Indiana Court of Appeals upheld long-standing precedent when it dismissed an appeal of an agreed judgment between a law firm and a couple that accused the firm of malpractice.
Appeals court affirms town’s annexation ordinance is void
The Indiana Court of Appeals ruled a town’s failure to include roads in an annexation ordinance where it sought to annex two pieces of land rendered the ordinance void.
COA: Judge’s comments do not require dismissal of charges
The Indiana Court of Appeals ruled a trial court judge’s inappropriate comments during trial did not “goad” the defense into asking for a mistrial and affirmed denial of the defense’s motion to dismiss child molesting, rape and sexual misconduct charges against the defendant.
COA upholds kidnapper’s sex offender status
A prisoner at the Indiana Department of Correction failed to convince the Indiana Court of Appeals that his sex offender classification should be dropped as the COA found it did not violate the ex post facto clause of the Indiana Constitution.
Statute of limitations bars rate hike claim
The Indiana Court of Appeals ruled the statute of limitations had expired for a member of a power cooperative to challenge its parent company’s change from state to federal regulation and upheld summary judgment for the parent company.
7th Circuit: Man did not need Miranda warnings
The 7th Circuit Court of Appeals ruled Tuesday that a man was not under arrest when he was questioned by police and therefore did not need to be given his Miranda warnings after the man claimed he did not voluntarily agree to speak to police.
COA: Notice of sale was mailed within required time period
The Indiana Court of Appeals found notice of a tax sale was mailed 21 days before the sale took place as prescribed by Indiana Code, so it affirmed the denial of a man’s motion to set aside tax deeds on property he used to own.
Phishing for your firm’s money
Scams targeting companies are become more high-tech, polished, and grammatically correct.
Indianapolis personal injury firm boasts 5 ITLA presidents, 4 related
Serving in the Indiana Trial Lawyers Association is more than a professional interest for the Indianapolis personal injury firm of Young & Young. It’s in the blood of the sons that carry on the tradition of one of the ITLA’s 10 founding members.