Wylie tapped to lead Evansville Volunteer Lawyer Program
Scott Wylie, attorney and director of the Vanderburgh Community Foundation, has been named as the first full-time staff director of the Volunteer Lawyer Program of Southwestern Indiana.
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Indiana GOP senator says bill aimed at Islamic law concerns
One of the Indiana legislators proposing to prohibit state judges from referring to foreign laws says he is concerned that Islamic religious law could be cited in civil cases.
Ex-head of Jared Fogle’s charity seeks sentence review
A man who led former Subway pitchman Jared Fogle's anti-obesity charity wants his sentence for child exploitation and child pornography vacated or modified.
Former IDEM employee’s unlawful termination case can continue
A former Indiana state employee can continue her case against the Indiana Department of Environmental Management after the Court of Appeals decided Thursday that her unlawful termination complaint stated a claim upon which relief can be granted and that sovereign immunity cannot apply.
Granddaughter can continue to seek guardianship of grandfather
The Indiana Court of Appeals is allowing a granddaughter to continue seeking guardianship over her grandfather after determining that the trial court erroneously dismissed her guardianship petition.
COA: Trial court’s erroneous statement did not change terms of plea agreement
A man convicted of drug-related charges must adhere to the waiver of his right to appeal his sentence as part of his plea deal after the Indiana Court of Appeals found Thursday that the trial court’s erroneous statement did not change the terms of that agreement.
Gun evidence admissibility divides Court of Appeals
In a “he said, she said” case before the Indiana Court of Appeals Thursday, the judges were divided on whether admission of a gun into evidence prejudiced a woman’s convictions of resisting law enforcement and battery against a public safety official and her boyfriend’s battery conviction.
Opinions Dec. 29, 2016
Indiana Court of Appeals
Angela R. Neal v. State of Indiana
20A04-1606-CR-1326
Criminal. Affirms that the Elkhart Superior Court’s advisement of the consequences of Angela R. Neal’s status as a credit-restricted felon complied with Indiana Code 35-38-1-7.8(c). Finds there is no particular language that a trial court must use in order to comply with the statute.
Appeals court finds judge complied with credit-restricted felon statute
In an issue of first impression, the Indiana Court of Appeals ruled that an Elkhart Superior judge’s advisement to a convicted child molester that she is a credit-restricted felon substantially complied with statute.
COA upholds dismissal of fired DOT employee’s untimely petition for review
A former employee of the Indiana Department of Transportation, who was fired in 2013, untimely filed his petition for judicial review after he was unsuccessful in his administrative appeals and the trial court correctly dismissed his petition, the Indiana Court of Appeals affirmed Thursday.
Indiana mother writes she’s guilty in children’s deaths
An Indiana woman accused of fatally smothering her two young children told a judge in a handwritten letter that she's guilty and ready to accept life in prison.
New Jersey makes case to US Supreme Court on sports betting
New Jersey's chances of getting the U.S. Supreme Court to consider its effort to legalize sports gambling hinge on how a bedrock constitutional principle is applied.
Facebook post costs woman chance to pursue lawsuit
A Facebook post has cost a woman her chance at pursuing a civil lawsuit against doctors who misdiagnosed her Lyme disease as multiple sclerosis.
UVa administrator urges judge to keep Rolling Stone verdict
Attorneys for a University of Virginia administrator are urging a federal judge not to overturn a jury's verdict against Rolling Stone magazine for its botched story "A Rape on Campus."
Ex-Supreme Court employee suing high court for discrimination, retaliation
A former Indiana Supreme Court employee is suing the state’s highest court for alleged ongoing disability discrimination and retaliatory actions.
Critics decry Pence team for letting state fair stage collapse rule expire
The Pence administration has let expire the emergency rule put in place after the 2011 Indiana State Fair stage collapse that left seven people dead and dozens injured.
Reopening case after closing arguments was not an abuse of discretion
The Marion Superior Court did not abuse its discretion when it allowed the state to reopen its case against a defendant after closing arguments because the defendant had been forewarned that certain evidence could be admitted if he presented a contrary intent defense, the Indiana Court of Appeals held Wednesday.
COA: Purchase agreement valid, case against company must go to arbitration
A Kentucky-based houseboat company cannot be forced to refund a deposit to a Henry County couple after the Indiana Court of Appeals found Wednesday that an existing purchase agreement was a valid and binding contract that allowed the company to request arbitration.
Opinions Dec. 28, 2016
Indiana Court of Appeals
Stardust Ventures, LLC v. Gary Roberts and Teresa Roberts
33A01-1603-PL-604
Civil plenary. Reverses the Henry Circuit Court’s denial of Stardust Ventures LLC’s motion to dismiss a suit brought by Gary and Teresa Roberts to recover $75,000 paid to Stardust. Finds that the purchase agreement is a valid and binding contract between the parties and that Stardust did not waive its right to request arbitration. Remands to the trial court to enter an order compelling arbitration.
Charges dropped against 2 doctors in painkiller probe
The Wayne County prosecutor has dropped charges against two doctors in an investigation of how drugs were prescribed at an addiction clinic.