Court of Appeals affirms dismissal of ‘purely hypothetical’ med-mal question
The Indiana Court of Appeal found a widow’s argument that she should have access to the Indiana Patient’s Compensation Fund was not ripe for judicial review.
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Rental repairs licensing requirement poses no burden to interstate commerce, 7th Circuit affirms
An Illinois man who owns rental property in Hammond failed to convince the 7th Circuit Court of Appeals that a city licensing ordinance requiring he obtain a license to make repairs to his properties was discriminatory.
SVF finding stands for man with California robbery conviction
A man who initially showed signs of wanting to be arrested has lost his argument on appeal that his out-of-state robbery conviction was substantially like the same crime in Indiana, thus qualifying him a serious violent felon.
Ford dealership’s undisclosed finance charge not an ‘additional charge,’ COA holds
The Indiana Court of Appeals has affirmed a finding that a Ford dealership failed to disclose a $25 convenience fee for its credit customers as a finance charge. It also reversed an Indiana Department of Financial Institutions’ finding that because the fee was not disclosed in the finance charge box, it must be an additional charge.
COA: Franciscan not liable for patient’s files posted on social media
A woman whose medical records were improperly accessed and posted on Facebook was unable to get a remedy when the Indiana Court of Appeal found Franciscan Alliance Inc. was neither liable nor negligent for the actions its employee.
JW Marriott tax appeal survives motion to dismiss
The third appeal of a 2010 tax assessment against the JW Marriott in downtown Indianapolis has survived a motion to dismiss brought by the Marion County assessor.
Teen murder wavier to adult court affirmed; police custody issue splits COA
A juvenile court’s rulings in a murder case implicating a 15-year-old boy who had gone to the police station to answer questions after he had been treated for stab wounds were upheld Monday by the Indiana Court of Appeals.
COA upholds murder conviction against new boyfriend
A man who shot his girlfriend’s ex-boyfriend in the head at close range failed to persuade the Indiana Court of Appeals to overturn his murder conviction.
10/31 – Hot Topics in Employment Law (Indianapolis)
Presenters: Mark Waterfill, Attorney at Law, Program Chair & Moderator Bianca Black, Littler Mendelson PC David Carr, Ice Miller LLP Catherine Duclos, Duclos Legal LLC Stephanie Hahn, Attorney at Law Patricia McKinnon, Attorney at Law Tom Mixdorf, Ice Miller LLP Click here for more details. Date: Thursday, October 31, 2019 Time: 1:30 – 4:45 pm Registration […]
Jury convicts Indiana woman in crash that killed daughter, 6
An eastern Indiana woman has been convicted of neglect and other charges stemming from a highway crash that killed her 6-year-old daughter. A Delaware County jury convicted 30-year-old Jessica Skeens of seven of nine charges Thursday, including neglect of a dependent resulting in death and driving while intoxicated.
Gary police fatally shoot man during traffic stop
Police in northwestern Indiana have fatally shot a man during a traffic stop. The Lake County Coroner’s Office issued a news release identifying the man as 25-year-old Rashad Cunningham.
Fire department suspends Indianapolis lawmaker facing charges
The Indianapolis Fire Department has suspended a state legislator who was arrested for drunken driving. The department said Friday that Democratic Rep. Dan Forestal has been suspended for 240 duty hours and remanded to an employee assistance program.
Indiana DOC doesn’t have the drugs to kill death row inmates
| Associated Press and IL Staff
The Indiana Department of Correction has confirmed the state doesn’t have the necessary drugs to execute any of the eight men who are on death row.
Volkswagen settlement funds fuel-efficient buses, trucks
Indiana gets $41 million from Volkswagen’s settlement of a class-action lawsuit after it was caught cheating on diesel-emissions tests. Indiana recently collected its first chunk of the $41 million, and its first round of grants will cover 179 vehicles and engines for schools, local governments and businesses around the state
Indiana’s lawsuit against opioid maker Purdue Pharma proceeds
| IL Staff
Indiana’s lawsuit against drug maker Purdue Pharma for the company’s alleged role in contributing to the state’s opioid crisis is moving forward after surviving a motion to dismiss.
Opinions Aug. 16, 2019
Indiana Court of Appeals
Willie J. Bailey v. State of Indiana
18A-CR-2317
Criminal. Affirms Willie Bailey’s convictions of Level 2 felony counts of dealing in cocaine and dealing in narcotic drug; Level 6 felony counts of possession of a narcotic drug and felony escape for knowingly violating a home detention order; Class B misdemeanor possession of marijuana; and the Marion Superior Court’s habitual offender sentencing enhancement. Finds Bailey’s rights were not violated in searches of his vehicle at a gas station or two addresses associated with him; that the warrant authorizing those searches was supported by probable cause; that the evidence connecting Bailey with drugs found at those homes was sufficient to support his conviction; and that prosecutors’ closing arguments were not fundamental error.
Drug dealer’s appeal fails to show prosecutorial misconduct
A prosecutor’s suggestion to jurors during closing arguments that the volume of fentanyl in a habitual drug dealer’s possession had the potential to kill thousands of people did not constitute fundamental error. The Indiana Court of Appeals on Friday rejected that and other arguments of a man convicted and sentenced to 40 years in prison.
Johnson County GOP delays selection of new prosecutor
The selection of a new Johnson County prosecutor has been delayed two weeks after county Republicans were told Thursday night that none of the candidates had filed all of the necessary forms.
Tax Court has jurisdiction in riverboat casino case, judge affirms
Arguments about who has jurisdiction in an Indiana riverboat casino case ended Thursday with a ruling that the Indiana Tax Court has retained jurisdiction over the case.
COA affirms ruling against ex-wife in husband’s IRA case
A woman seeking to obtain the full balance of her late husband’s individual retirement account couldn’t convince an appellate court that she shouldn’t have been denied summary judgment against his estate.