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A long-running fight over homeowner association fees and how they were assessed in a Greenwood housing development will return to a trial court to determine damages the HOA is entitled to from a developer and homebuilder that paid no assessments for several years.
A former hospital police officer who wrongly believed he had been subpoenaed to testify at an unemployment hearing and was subsequently fired has lost his appeal of a judgment in favor of his former boss, with a majority of the Indiana Court of Appeals finding the officer could not overcome the at-will employment doctrine. But a dissenting judge said the majority’s ruling is “not good law.”
Hoosiers statewide may be able to scoot alongside other modes of transportation now that a bill aimed at regulating electronic scooter use has zipped through both Houses of the the Indiana General Assembly.
Fort Wayne attorney Holly Brady has been confirmed as a judge on the U.S. District Court for the Northern District of Indiana, becoming the first judge to join that jurisdiction since May 2010.
Indiana Court of Appeals
Tre Ron Smith v. State of Indiana
18A-CR-1633
Criminal. Affirms Tre Ron Smith’s Class A misdemeanor possession of a handgun conviction. Finds police had reasonable suspicion under the federal and state constitutions to conduct a Terry stop of Smith, and they did not exceed the permissible scope of such a stop. Also finds the trial court did not err when it allowed into evidence the firearm found in the search conducted after the Terry stop. Judge Melisa May dissents with separate opinion.
Years after three Crown Point bicyclists sued each other for negligence after a crash, the Indiana Court of Appeals reversed an order and implementation of a settlement agreement when it found the parties had never come to a valid agreement.
The Indiana Court of Appeals admitted it made an erroneous statement in reversing a termination of parental rights order and granted the Department of Child Services’ request for a rehearing. But the appellate panel Wednesday affirmed its initial opinion, concluding the error had no bearing its original ruling that a mother’s due process rights were violated.
Convictions for a man who attempted to make meth were upheld by an Indiana Court of Appeals panel Wednesday after it concluded no abuse of discretion occurred when a sleeping juror in his case was replaced, and that his argument for a new trial was waived.
A man convicted on a weapons-related charge failed to convince the Indiana Court of Appeals to overturn his conviction, arguing unsuccessfully that officers unconstitutionally stopped him and searched his vehicle. A dissenting judge, however, believes officers lacked reasonable suspicion to stop the man.
Hoosiers were lured by the chance for prizes such as a 70-inch high-definition television, $1,000 in cash or a vacation package, according to a lawsuit filed by the Indiana Attorney General Curtis Hill’s office. But what they actually received were low-value items like an MP3 player that had been purchased for $2.25, or a mail-in rebate coupon for $10 off the purchase of a turkey.
On a vacant plot along Main Street across from the federal courthouse in South Bend, Barnes & Thornburg leaders grabbed their shovels Tuesday and helped break ground on a new office building that is not only on the first new construction within the downtown business core in 20 years, but which also will carry the law firm’s moniker.
Indiana, which places a greater percentage of its children in the foster care system than almost any other state, must take steps to close educational shortcomings for children in the system, according to a first-of-its-kind report released recently that details a wide achievement gap.
A 42-year-old inmate has died after being found unresponsive in his northern Indiana jail cell.
An Indianapolis man has been charged with murder in the fatal shootings of a 13-year-old boy and his 35-year-old mother at their northwestern Indiana home.
As the Indiana legal profession begins to draw conclusions from the February 2019 bar exam results in which fewer than half of test-takers passed, it might want to keep in mind Yogi Berra’s observation: It ain’t over till it’s over.
Indiana Court of Appeals
Robert Earl Davis v. State of Indiana (mem. dec.)
18A-PC-556
Post conviction. Affirms the denial of Robert Davis’ petition for post-conviction relief. Finds Davis failed to show a reasonable probability that the Indiana Court of Appeals’ decision in his direct appeal would have been different absent any misstatement. Concludes the Lake Superior Court did not err in its denial of David’s request.
An Indiana Court of Appeals panel heard arguments Monday concerning a grieving father’s denied request for public records related to the mysterious death of his daughter. The case presents an issue of first impression concerning public access to law enforcement records.
Efforts to hold revenge porn perpetrators criminally accountable advanced Monday after the Indiana House of Representatives voted 95-0 in favor of legislation that would criminalize the posting of nonconsensual pornography.
The Lake County Judicial Nominating Commission is seeking public comment on nearly a dozen candidates who have applied to fill an upcoming vacancy in Lake Superior Court. The commission will interview the candidates next month.
Appearing before a congressional committee Tuesday, Attorney General William Barr said he expects to release a redacted version of the special counsel’s Trump-Russia investigation report "within a week."