Pence argues email privacy ruling should apply to him, too
Gov. Mike Pence is using a recent Indiana Supreme Court decision to argue that he should not be required to release documents that have been deemed by law to be public records.
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LEADERSHIP IN LAW 2016: Michael P. Allen
Michael Allen is tireless in his efforts as an outstanding lawyer and his work in the community, where he will be a fixture in the public finance practice for years to come. He recently served as bond counsel on a $1.1 billion financing of an economic development facility in southern Indiana. One of his clients […]
Justices toss driving convictions due to delays
The Indiana Supreme Court ruled a man who was convicted of four driving offenses should have his case dismissed because the prosecution did not bring him to trial in time while he was in prison for a separate conviction.
Opinions April 28, 2016
Indiana Supreme Court
Kathy L. Siner, Personal Representative of the Estate of Geraldine A. Siner, Deceased, et al. v. Kindred Hospital Limited Partnership, d/b/a Kindred Hospital of Indianapolis, et al.
49S05-1604-CT-219
Civil tort. Reverses find of summary judgment for Kindred Hospital and Mohammed Majid after the Supreme Court found genuine issues of material fact in the case.
COA: Court order couldn’t disqualify attorney on future cases
The Indiana Court of Appeals declined to decide whether a trial court erred in concluding an ex-city attorney violated the Rules of Professional Conduct when he acted as the lawyer for a defendant in a suit brought by the city.
COA clarifies confusion around judicial admissions
The Indiana Court of Appeals noted in its decision Thursday in a medical malpractice lawsuit that the line of authority that has developed on judicial admissions is based on an error made in a 1990 case. The judges used their opinion to affirm the jury verdict in favor of the defendant doctor and to clarify that judicial admissions are conclusive and binding.
Supreme Court reverses summary judgment in malpractice case
The Indiana Supreme Court reversed summary judgment for a hospital and doctor after it found the doctor’s own evidence creates issues of material fact that need to be settled at trial.
Judges cite past domestic violence convictions in affirming sentence
The Indiana Court of Appeals upheld an Ohio man’s 180-day jail sentence for misdemeanor battery against his ex-wife, noting he showed no remorse regarding two previous domestic violence-related convictions.
Court divided over failure to identify conviction
Although the majority found a defendant’s evasiveness in answering identifying questions from a police officer “reprehensible,” the judges reversed the man’s failure to identify conviction because he did eventually provide the information to the officer.
COA: Sovereign citizen still subject to jurisdiction
The Indiana Court of Appeals affirmed a man’s murder conviction Thursday, finding the trial court had jurisdiction despite his status as a “Moorish American National Sovereign” and “secured party creditor.”
Supreme Court: Fortville cannot annex land
The Indiana Supreme Court upheld a trial court’s decision Thursday that evidence did not support the town of Fortville’s contention that it needed the land it wanted to voluntarily annex in the near future.
Burglary of deceased’s home still Class B felony, COA holds
A man who burglarized a house in Huntington after the occupant had recently died was rightly denied his petition for post-conviction relief based on his argument that the house was no longer a dwelling, the Indiana Court of Appeals ruled Thursday.
Supreme Court defines marriage relatives
The Indiana Supreme Court determined the sister of a man who was once married to the defendant’s aunt is not a family or household member and changed a man’s Level 6 felony charge to Class A misdemeanor battery.
Appeals court to hear ex-Subway pitchman’s appeal May 20
A federal appeals court in Chicago has set a May hearing for former Subway pitchman Jared Fogle's appeal of his more than 15-year sentence in a child sex abuse and pornography case.
Wayne County prosecutor creates drug treatment program
An eastern Indiana prosecutor is starting a new treatment program for drug offenders that he hopes will end the cycle of addiction.
Central Indiana school principal charged with not reporting
A prosecutor has charged a central Indiana school principal with misdemeanor failure to report for waiting 17 days to report rumors an employee sent naked photos of herself to students.
Opinions April 27, 2016
Indiana Supreme Court
Ronald Sanford Jr. v. State of Indiana
49S05-1604-PC-210
Post conviction. Reverses trial court and Court of Appeals decisions and finds Ronald Sanford can file a belated notice of appeal of his sentence after he pleaded guilty to two counts of murder, among other charges, because of “unique circumstances.”
Justices: Murderer should be able to file belated notice of appeal
The Indiana Supreme Court ruled in a per curiam decision a man who pleaded guilty to two counts of murder among other charges can file a belated notice of appeal after the justices found “unique circumstances” in his case that did not allow him to file an appeal of his sentence when it was decided in 1987.
Woman entitled to inherit estate, judges affirm
The Indiana Court of Appeals affirmed a woman was the sole heir of an estate as the only daughter, finding there was sufficient evidence for the claim and denying the deceased man’s sisters’ request for a DNA test.
Appellate court defines rules of police stops
The Indiana Court of Appeals found a man’s tendered jury instruction was a mistake of law and not a mistake of fact and upheld his conviction of felony resisting law enforcement by fleeing. The judges then outlined what fleeing law enforcement means and what rights police officers and drivers have to determine location of stops.