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A divided Indiana Supreme Court reversed a man’s habitual offender enhancement Thursday after determining his two prior Illinois convictions were statutorily considered Level 6 felonies, thus disqualifying the enhancement. The dissenting justice, however, found ambiguity in the statutes at issue.
The 2015 version of Indiana’s habitual offender statute requires an offender to have been released from all lower-level felonies within 10 years to establish a habitual offender enhancement, the Indiana Supreme Court. Justices reversed a trial court that overruled a reversal of a defendant’s objection to his habitual offender charges.
The children of an Indiana woman are suing a Muncie funeral home, alleging that her remains and funeral arrangements were mishandled.
An attorney who implied to a client that he had the ability to improperly influence judges and suggested his client flee the court’s jurisdiction to avoid criminal prosecution has been suspended for 90 days.
An attorney who implied to a client that he had the ability to improperly influence judges and suggested his client flee the court’s jurisdiction to avoid criminal prosecution has been suspended for 90 days.
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Bellwether Properties, LLC v. Duke Energy Indiana, Inc.
53S04-1703-CT-121
Civil tort. Reverses the dismissal of Bellwether Properties, LLC’s complaint against Duke Energy Indiana, Inc. Finds the dismissal was premature because the face of the complaint did not establish the asserted claim was time-barred. Remands for further proceedings.
The Indiana Court of Appeals has struck down a claim for a private right of action raised under Indiana’s medical record production statute, but allowed a spoliation claim against a doctor who no longer possesses a patient’s medical records to proceed. However, two judges urged the Indiana Supreme Court to reconsider a 1991 opinion that required them to strike the private right of action claim.
A bank that removed a home from a sheriff’s sale list did not breach its contract with the property owners through an in rem decree of foreclosure because the decree included language allowing the bank to remove the home from the sale list, the Indiana Court of Appeals has ruled.
An Indiana trial court did not err by denying a motion to quash a request for the production of attorney fee records because such records are not protected by attorney-client privilege or the Fifth Amendment, the Indiana Court of Appeals ruled Thursday.
A federal magistrate has postponed the pre-trial hearing of a northwestern Indiana man charged in a pipe bomb explosion at a post office.
One of two Wisconsin girls who attempted to kill a classmate to win favor with a fictional horror character named Slender Man will find out Thursday how long she will spend in a mental hospital.
A former Fishers investment manager serving a 10-year prison sentence for securities fraud claims that a prominent Indianapolis attorney engaged in a secret, improper relationship with his wife while representing him.
Olympic gold medalist McKayla Maroney was forced to sign a confidential settlement with the group that trains U.S. Olympic gymnasts to keep allegations that she was sexually abused by team doctor Larry Nassar a secret, according to a lawsuit filed Wednesday.
An inverse condemnation complaint against Duke Energy can continue after the Indiana Supreme Court determined the complaint did not allege sufficient facts that could support a dismissal for failure to state a claim.
Indiana Attorney General Curtis Hill is encouraging consumers to contact his office if they have been penalized for posting truthful, negative reviews of businesses online, advice that comes on the heels of national backlash against a Brown County inn that charged a customer for posting a negative review.
An attorney who failed to timely file an appellant’s brief for a client seeking an expungement then lied about his work on the case has been suspended from the practice of law in Indiana for at least 90 days.
Indiana Court of Appeals
City of Washington, Indiana v. Daviess County Rural Water System, Inc.
14A01-1702-PL-316
Civil plenary. Affirms and reverses in part the entry of judgment in favor of Daviess County Rural Water System, Inc. and the invalidation of an ordinance that raised DCRW’s rate 57 percent. Finds the Daviess Circuit Court did not abuse its discretion in finding the city breached its contract with DCRW by enacting the ordinance, so the ordinance is null and void as it relates to DCRW. Also finds the trial court erroneously invalidated the entire ordinance, so the ordinance remains in full force and effect as it relates to out-of-city customers other than DCRW. Finally, finds the trial court did not err in declining to dismiss DCRW’s declaratory judgment action or in consolidating the declaratory and statutory actions.
A divided Indiana Court of Appeals has thrown out a man’s drug and firearm convictions after determining the officers who discovered the evidence violated the Indiana Constitution by maneuvering around a locked gate to locate the evidence.
The city of Washington cannot impose a 57 percent rate increase on a local nonprofit water utility after the Indiana Court of Appeals determined Wednesday that increase was not reflected by an actual increase in costs.
When she started an urban farm in one of Indianapolis’ roughest neighborhoods, retired chemist Aster Bekele wanted to teach at-risk kids how to garden, and maybe sneak in a little science.