Judge: Private Facebook messages fair game at arson trial
A judge has declined to prevent private Facebook messages from being considered as evidence at the trial of two people charged in an Evansville marina fire.
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COA rejects father’s definition of ‘home’ in parental rights case
The “home” that is referred to in the statute allowing for the termination of parental rights is the home of the child and not the home of a particular parent, the Indiana Court of Appeals held Tuesday, rejecting a father’s argument in his appeal of the termination of his parental rights.
Judges reverse trespass conviction of man kicked out of bar
The Indiana Court of Appeals agreed with a defendant that there is insufficient evidence to support his criminal trespass conviction after he was kicked out of a downtown Indianapolis bar.
Detective’s testimony on drug buy inadmissible, but harmless error
The Indiana Supreme Court ruled the admission of a detective’s statement regarding a controlled drug buy should not have been admitted because it resolved the issue of the defendant’s guilt, but that admission into evidence was a harmless error.
Attorney general wants SCOTUS to reinstate death penalty
Indiana Attorney General Greg Zoeller announced Tuesday that he is asking the Supreme Court of the United States to reinstate the death penalty for Tommy R. Pruitt, who was convicted in the 2001 murder of a Morgan County sheriff’s deputy.
Marion County auditor sues city, BlueIndy over car-sharing contract
Marion County Auditor Julie Voorhies sued the city of Indianapolis on Monday over its contract with BlueIndy, saying the city illegally paid $6 million to the electric car-sharing service.
ILS awarded grant to help northern Hoosiers
Indiana Legal Services Inc. has received a $10,000 award to help families in the northern part of the state with bankruptcy filings.
Opinions Oct. 26, 2015
Indiana Court of Appeals
Robbie Lomax v. Jennie L. Michael
12A05-1503-CT-124
Civil tort. Reverses final judgment against Lomax in his wrongful death action against Michael, in which the trial court granted partial summary judgment in Michael’s favor based on its conclusion that Lomax does not qualify as a dependent next of kin as required by the General Wrongful Death Statute. A question of fact exists as to whether Lomax is a dependent next of kin to Edward Lomax. Remands for further proceedings.
Justices to hear Fortville annexation case
The Indiana Supreme Court will have its say on three cases it took on transfer last week, including the town of Fortville’s efforts to annex nearly 600 acres.
Court should decide if nephew is uncle’s dependent next of kin
The Indiana Court of Appeals reversed summary judgment in favor of the driver in a deadly car accident on the decedent’s nephew’s wrongful death action, finding questions exist as to whether the nephew is his uncle’s dependent next of kin.
IPFW custodian loses appeal of discrimination, retaliation claims
An Indiana University-Purdue University Fort Wayne custodian who was fired for his role in a physical confrontation with another custodian could not convince the Indiana Court of Appeals that his discrimination and retaliation claims should proceed to trial.
Old hurdles and new haunt the Sept. 11 case at Guantanamo
The latest hearing resolved some lingering issues, but old and new challenges continue to haunt a death penalty case that remains so mired in preliminaries that prosecutors and defense lawyers will no longer even estimate an approximate trial date.
Indiana asks state’s high court to rehear ‘Elkhart 4’ case
The state has asked the Indiana Supreme Court to reconsider its decision to throw out murder convictions against three Elkhart men whose accomplice in a burglary was shot and killed by a homeowner.
Expanding smoking ban would hurt casinos, study committee chair says
In a brief hearing Thursday, members of the Interim Study Committee on Public Policy voted to leave the state’s smoking ban alone.
Court rules for IPS in ex-employee’s ‘Moorish Christmas’ suit
An ex-Indianapolis Public Schools employee and minister fired after repeated complaints of physical altercations with students lost his federal discrimination lawsuit that claimed in part he was fired for religious reasons, including his request to be allowed off work to observe “Moorish Christmas.”
Opinions Oct. 23, 2015
Indiana Court of Appeals
Russell A. Prosser, Jr. v. State of Indiana (mem. dec.)
50A05-1502-CR-51
Criminal. Affirms convictions for 11 counts, including theft and unauthorized entry of a vehicle, following two separate jury trials. Prosser waived his challenge to a witness’s in-court identification of him, and there is sufficient evidence to support the convictions.
Ex-IU student’s lawyer says he’s horrified by attack
The attorney for a 19-year-old former Indiana University student says she believes he was intoxicated and didn't target a Muslim woman with racial slurs as he tried to remove her headscarf.
Louisville student sues author, IBJ publishing unit over book
Indianapolis-based IBJ Book Publishing LLC and author Katina Powell have been sued by a University of Louisville student who claims her career prospects have been damaged by Powell’s book, which alleges Powell supplied strippers and prostitutes to the Louisville men’s basketball program.
Inside massive injury lawsuits, clients get traded like commodities for big money
For all the black robes and ceremony, the American legal system often operates more like a factory assembly line than a citadel of individualized justice. Now a legal dispute within a plaintiffs' law firm that organizes massive torts is threatening to pull back the curtain on the mechanics of high-volume litigation.
Indiana part of lawsuit challenging EPA carbon rule
Indiana and 22 other states filed a legal challenge Friday to the U.S. Environmental Protection Agency's new rule requiring existing power plants to make technological changes to reduce carbon dioxide emissions. The rule change is expected to unleash a flood of lawsuits from lawyers challenging everything from the timing to the constitutionality of President Barack Obama’s signature climate initiative.