Injured moped driver entitled to new trial
The Indiana Court of Appeals reversed a jury ruling in favor of a motorcyclist who collided with a moped driver trying to seek shelter before a rainstorm and ordered a new trial.
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COA affirms judgment for law firm on malpractice claim
A law firm was properly granted summary judgment on a malpractice counter-complaint a bankruptcy client filed after the firm sued for nonpayment of legal fees.
COA re-enters molestation conviction, rejects evidence challenge
A trial court erred in vacating one of two convictions of Class A felony child molesting at a Dearborn County man’s sentencing, the Court of Appeals ruled Thursday. The panel also rejected the offender’s claim evidence should not have been admitted.
Majority: Expungement applies to civil forfeiture action
In a matter of first impression, the Indiana Court of Appeals was divided Thursday over whether a man’s civil forfeiture action that stemmed from a drug bust should have been expunged in addition to his criminal record in the matter.
Bill pushes to replace administrative law judges
The chairman of the Indiana Senate Judiciary Committee has introduced Senate Bill 1, a 119-page proposal that would replace administrative law judges with an administrative court made up of nine judges appointed by the governor.
COA: Doctor had duty to nurse practitioner’s patient who died
An Indiana doctor who entered into an agreement with a nurse practitioner to review her prescription practices had a duty to one of the nurse practitioner’s patients, who later died in part because of medicines prescribed to him.
Lawyer: Trump comments could bias jurors in terrorism case
Republican presidential candidate Donald Trump's call for a ban on Muslim immigration into the United States will make it difficult to find unbiased jurors for the trial of a man accused of supporting al-Qaida in the Arabian Peninsula, the man's lawyer is arguing in court papers.
Consent amid wine, pills to be a key question in Cosby case
Entertainer Bill Cosby has long maintained that his extramarital conquests over the years were all consensual. A jury may ultimately decide if that's true after the 78-year-old actor was arrested Wednesday on felony assault charges in suburban Philadelphia stemming from a 2004 encounter with a former Temple University employee less than half his age.
Indiana adoption advocates to push again to open up records
The leader of an advocacy group for Indiana adoptees says she's optimistic state lawmakers will endorse a bill to expand adoptees' access to sealed records.
Judge temporarily blocks law barring workers from office
A Lake County judge has temporarily blocked a state law that bars five municipal employees from holding elected office in the same city or town.
Notre Dame to add tax clinic to curriculum
Notre Dame Law School is preparing to launch a tax clinic to assist low-income and immigrant families in northern Indiana.
Facebook’s suit against Ceglia lawyers thrown out on appeal
Facebook Inc.’s malicious-prosecution lawsuit against lawyers and firms that represented Paul Ceglia in his claim to own half the social media giant was thrown out on appeal.
Evansville law firm to pay for free cab rides New Year’s Eve
An Evansville law firm will be paying for New Year's cab rides home for the 18th year in a row.
Opinions Dec. 30, 2015
Indiana Court of Appeals
Charles S. Whitham v. State of Indiana
39A01-1504-CR-134
Criminal. Affirms Whitham’s conviction of Class A felony attempted murder but sua sponte reverses his remaining convictions of Class B felony aggravated battery, Class B felony battery, Class C felony battery and Class D felony strangulation because each of these were a lesser-included offense to his conviction for attempted murder. Remands for the trial court to vacate these offenses.
County scores partial victory on mall assessments
The Marion County assessor, who argued the values assigned to Washington Square mall for 2006-2010 were too low, will see an uptick in the assessed value of the mall in three of those years following a ruling from the Indiana Tax Court.
Donnelly hopeful Indiana’s federal court vacancies will be filled soon
With U.S. District Judge Robert Miller Jr. preparing to take senior status in January, Indiana will have three judicial vacancies to fill on the federal bench.
Judge grants extensions Pence sought in Syrian refugee case
A federal judge has granted extensions the administration of Gov. Mike Pence sought as it continues to oppose a charity’s resettlement of Syrian refugees in Indiana. The ACLU of Indiana, meanwhile, calls discovery demands the state has directed at the nonprofit agency “breathtaking.”
Man did not provide enough evidence to support lower home valuations
A homeowner seeking to reduce the valuation of his residential properties did not provide enough evidence to the Indiana Board of Tax Review to support his argument, the Indiana Tax Court ruled Wednesday in two separate appeals.
Man did not provide enough evidence to reduce home valuation
A homeowner seeking to reduce the valuation of his home did not provide enough evidence to the Indiana Board of Tax Review to support his argument, the Indiana Tax Court ruled Wednesday.
Court sua sponte reverses 5 convictions
Although a man convicted in a brutal attack on his grandmother lost his arguments on appeal, the Indiana Court of Appeals sua sponte reversed five of his six convictions stemming from the attack for double jeopardy reasons.