Courts open to cameras during National Adoption Day events
Courts in 24 counties across Indiana will be allowing families and the media to photograph and videotape adoption proceedings this month as part of the National Adoption Day celebration.
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COA affirms denial of felony expungement
A DeKalb County man must retain a felony conviction on his criminal record after the Indiana Court of Appeals on Wednesday upheld the trial court’s decision not to grant his petition to expunge that conviction.
COA affirms authority given to community corrections directors
A state statute allowing community corrections program directors to recommend the revocation of an offender’s placement is not unconstitutional because it does not infringe upon the power of the judicial branch, the Indiana Court of Appeals has ruled in a decision upholding a Vigo County revocation decision.
COA applies amended wage statute retroactively
A man failed to convince the Indiana Court of Appeals that a change in the Wage Payment Statute that occurred during his employment should not be applied retroactively.
Supreme Court adopts new rules for e-filing wills, proof of debt
As the push for mandatory electronic filing continues in Indiana, the Indiana Supreme Court has established new rules on how to handle original wills when an estate case is opened electronically.
Opinions Nov. 1, 2017
Indiana Court of Appeals
Raymond Brown, on behalf of Himself and All Others Similarly Situated v. Bucher and Christian Consulting, Inc., d/b/a BCforward
49A04-1611-PL-2564
Civil plenary. Affirms the Marion Superior Court’s order granting partial summary judgment on the pleadings filed by Bucher and Christian Counseling, Inc., d/b/a BCforward on Raymond Brown’s claims under the wage payment statute. Finds the trial court did not err as a matter of law when it found Brown was not entitled to seek damages for salary-based wages or commission-based payments under the wage payment statute.
2 Indianapolis officers won’t be charged in fatal shooting
Two Indianapolis police officers who fatally shot an unarmed black motorist after he fled a traffic stop won't face criminal charges in the killing, in part because the officers told investigators they believed he was reaching for a gun, a special prosecutor announced Tuesday. Indianapolis Police Chief Bryan Roach scheduled a news conference for Wednesday to discuss the prosecutor's decision.
Former Trump adviser’s guilty plea could rattle White House
President Donald Trump dismissed George Papadopoulos as a "liar" and a mere campaign volunteer, but newly unsealed court papers outline the former advisor's frequent contacts with senior officials and with foreign nationals who promised access to the highest levels of the Russian government.
Lawsuit targets Trump’s rollback of birth-control rule
Two national advocacy groups filed a federal lawsuit in Indiana on Tuesday challenging a rule change by President Donald Trump's administration allowing more employers to opt out of no-cost birth control for workers.
Notre Dame’s Barrett confirmed to 7th Circuit
The U.S. Senate confirmed Notre Dame law professor Amy Coney Barrett to the 7th Circuit Court of Appeals today on a 55-to-43 vote.
COA grants summary judgment to contractors protected by subrogation waiver
An insurance company cannot seek reimbursement from two contractors on a claim it paid on behalf of its insured because the insured’s contract with the contractors contained a subrogation waiver that bars the insurer’s negligence claim, the Indiana Court of Appeals ruled Tuesday.
Young, Donnelly support confirmation of Barrett to 7th Circuit
Notre Dame law professor Amy Coney Barrett is expected to be confirmed by the U.S. Senate either today or early tomorrow morning to the 7th Circuit Court of Appeals with the support of both Indiana senators.
Opinions Oct. 31, 2017
The following Indiana Court of Appeals opinion was posted after IL deadline Friday:
Indiana Department of Workforce Development v. Kristofer Hugunin
64A05-1703-CC-583
Civil collection. Reverses the denial of the Indiana Department of Workforce Development’s motion for summary judgment in its action against Kristopher Hugunin. Finds the department is entitled to judgment as a matter of law. Remands with instructions for the Porter Superior Court to grant the summary judgment motion.
Justices: Employer’s admission limits theories of recovery
Indiana precedent does not allow both a respondeat superior and negligent hiring claim against an employer to proceed if the employer has admitted their employee was acting within the course and scope of their employment when the negligence occurred, the Indiana Supreme Court ruled in an opinion that upheld partial summary judgment for Pizza Hut.
RV-delivery driver rightly qualified for unemployment, COA affirms
A woman who provided “driveaway” services delivering recreational vehicles from manufacturers to dealerships was rightly classified as an employee entitled to unemployment insurance after her job ended, the Indiana Court of Appeals ruled.
COA upholds prohibition on TV broadcast of court audio
The Indiana Court of Appeals has upheld a trial court ruling that prohibited a Fort Wayne TV station from broadcasting audio from a sentencing hearing it obtained through a public records request, finding the trial court’s ruling complied with both local rules and the First Amendment.
Carmel annexation upheld in long-running dispute
Carmel’s annexation of territory in southern Hamilton County that some landowners have been fighting for more than a dozen years was upheld Tuesday by the Indiana Court of Appeals, which previously reversed the trial court’s approval of the annexation.
Hogsett proposes $300,000 for witness protection program
Indianapolis Mayor Joe Hogsett has identified $300,000 in city funds that he says can be spent to create a witness protection program for people who assist local police with criminal investigations.
Ind. Supreme Court to decide if evidence errors mean drug convictions should be tossed
The Indiana Supreme Court has agreed to decide whether errors in the admission of certain evidence during a man’s drug trial warrant reversal of the man’s multiple drug convictions.
Workforce Development entitled to summary judgment on claim against penalties
The Indiana Department of Workforce Development complied with the relevant statutes when issuing a letter informing a citizen of a determination against the agency and, thus, was entitled to summary judgment on the citizen’s claims against the penalties outlined in the letter, the Indiana Court of Appeals has ruled.