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The Indiana Court of Appeals has affirmed the three-year advisory sentence imposed on a man convicted of committing incest with his teenage niece and the imposition of sex offender probation conditions against the man, though one appellate judge found one of those conditions to be unduly intrusive.
Judge Gonzalo Curiel, the California federal jurist attacked by then presidential candidate Donald Trump, will be returning to his home state of Indiana to help commemorate the Hispanic Heritage Month Celebration at the U.S. District Court for the Southern District of Indiana.
The Indiana Supreme Court has declined to issue a judicial mandate that would require the Department of Child Services to comply with statutory caseload limits, finding the statute in question does not provide specific compliance guidelines that would warrant issuing a mandate.
Detailing the attacks on state and federal courts, the president of the National Center for State Courts said opposition groups were trying to strike at the foundation of the judiciary and admonished the legal community to defend judicial independence.
The 7th Circuit Court of Appeals has reversed the denial of judgment as a matter of law to Volvo Trucks North America in a dispute with an Indiana franchisee Andy Mohr Truck Center, finding Andy Mohr failed to prove Volvo treated it disparately and unfairly compared with other franchisees. However, the court affirmed judgments in favor of both parties on other claims raised in the 5-year-old complaint.
For the second time this month, a federal judge has rejected a challenge to Seattle's first-in-the-nation law allowing drivers of ride-hailing companies such as Uber and Lyft to unionize over pay and working conditions.
President Donald Trump's pardon of former Arizona sheriff Joe Arpaio shows a lack of regard for an independent judiciary, say critics who note Trump's past criticism of federal judges, including the chief justice of the United States. Supporters counter that the veteran law enforcement officer deserved America's gratitude, "not the injustice of a political witch hunt."
The American Civil Liberties Union has filed a lawsuit challenging President Donald Trump's ban on transgender individuals joining the military.
Anderson University will mark Constitution Day this year by hosting former U.S. Attorney General Eric Holder.
Indiana Court of Appeals
Lauren Warman v. State of Indiana (mem. dec.)
49A02-1612-CR-2762
Criminal. Affirms Lauren Warman’s conviction of battery causing bodily injury as a Class A misdemeanor. Finds the evidence is sufficient to support her conviction.
Two attorneys are no longer practicing law in the Hoosier State after the Indiana Supreme Court accepted their resignations late last week.
In his 24 years as metro Phoenix’s sheriff, Joe Arpaio survived scandals and dodged investigations that would easily have sunk the careers of many politicians.
In an unusual legal move, Simon Property Group Inc. has sued Starbucks Corp. over the coffee giant’s plan to close 78 Teavana stores in its malls across the country.
Officials in Bloomington say a proposal that would open up more property in Bloomington for adult businesses is aimed at protecting the city against lawsuits.
Although a Tippecanoe County father appealed the denial of a petition alleging his children were children in need of services, the Indiana Court of Appeals has ruled the father’s arguments as to why his children should be considered CHINS were unavailing.
The chief of the Lake County Sheriff’s Department says he’s working toward a smooth transition of power after the corruption conviction and removal from office of former Sheriff John Buncich.
Though a northern Indiana man convicted of multiple felonies 15 years ago was granted a new appeal by a federal judge, the Indiana Court of Appeals reaffirmed the man’s convictions on Friday, finding he failed to show he was prejudiced by his counsel’s actions.
Indiana Court of Appeals
Karin Schwab v. Kyle Morrissey, et al.
49A02-1612-PL-2746
Civil plenary. Reverses the grant of summary judgment to Kyle Morrissey and Jamie Morrissey on Karin Schwab’s appeal of a small claims court judgment. Finds the Morrisseys failed to make a prima facie showing they are entitled to judgment as a matter of law, and the Marion Superior Court erred in granting them summary judgment.
Ruling on a matter of first impression Friday, the Indiana Court of Appeals found that family members may enter into an enforceable settlement agreement regarding the distribution of assets from an estate before the testator’s death.
The Indiana Court of Appeals has reversed summary judgment for a Marion County couple on a small claims appeal after determining the woman who brought the appeal against the couple did not violate local rules in filing the appeal.