COA affirms foreclosure of Crown Point property
A trial court was correct in granting a bank’s request to foreclose on a Crown Point, Indiana, business park, the Court of Appeals held Thursday.
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COA finds fired highway worker was at-will employee
Echoing precedent, the Indiana Court of Appeals has found that an employee handbook is not an employment contract.
Amendment to new criminal code foils attempt for sentence modification
A Vanderburgh County man hoping to benefit from Indiana’s overhaul of its criminal codes was instead reminded to read state statutes very carefully.
Council resolution did not waive requirements for tax deduction
The Indiana Board of Tax Review’s final determination that the city of Bluffton’s Common Council waived a company’s compliance with certain statutory requirements for its 2013 personal property tax abatement deduction is contrary to law, Indiana Tax Judge Martha Wentworth ruled Thursday.
Southern District rule amendments effective Jan. 1
Changes to local rules of the U.S. District Court for the Southern District of Indiana take effect Friday and include changes to filing and maintaining documents under seal.
Opinions Dec. 31, 2015
Indiana Court of Appeals
Nathan Polson v. State of Indiana
55A01-1504-CR-135
Criminal. Affirms conviction of Level 5 felony carrying a handgun without a license, rejecting Polson’s argument on appeal that the trial court abused its discretion because he claims the gun was seized by police in violation of the Fourth Amendment of the Constitution.
COA affirms weapon charge after suspicious person call
A man convicted of Level 5 felony carrying a handgun without a license failed to convince the Indiana Court of Appeals his Fourth Amendment rights were violated when the weapon was seized from him as he walked down a country road.
Trucker’s widow entitled to prejudgment interest, COA decides
The widow of a truck driver killed in an accident is entitled to collect more than $622,000 in prejudgment interest on a $6 million verdict, but is otherwise barred from an award of attorney fees, the Indiana Court of Appeals ruled on rehearing Thursday.
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.
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.