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Opinions Oct. 14, 2015

Indiana Court of Appeals
Travis Allen v. State of Indiana
49A05-1410-CR-501
Criminal. Affirms convictions of Class A misdemeanors operating a vehicle while intoxicated and driving with a suspended license, and Class C felony driving without a license. The total days of delay charged to the state in bringing Allen to trial is 363 days, so Allen is not entitled to discharge under Criminal rule 4(C) and the trial court did not abuse its discretion when it denied his motion. Judge Barnes dissents.

COA modifies punitive damages award

The statutory cap on punitive damages should be based on the amount of compensatory damages awarded in the action in which the party seeks punitive damages, the Indiana Court of Appeals held, and not based on the total compensatory damages awarded in the action on all claims.

COA outlines approach to awarding attorney fees in estate challenges

In a case in which the trial court awarded a woman and her children more than $170,000 in attorney fees even though two of the three claims raised were without just cause or good faith, the Indiana Court of Appeals specified the approach judges should follow when a party seeks attorney fees pursuant to I.C. 29-1-10-14.

Boilerplate language can’t support warrant for blood draw

The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.

Ernst & Young confronts Madoff’s specter in trial over audits

Ernst & Young LLP took Bernie Madoff at his word when it signed off on audits of a fund that helped feed the biggest Ponzi scheme in U.S. history. The firm must now defend that decision at the first trial of an auditor over losses tied to Madoff, who’s serving a 150- year prison term for stealing billions of dollars from thousands of investors.

DOC recommends stretching $5 million to 41 counties

The Indiana Department of Correction, going against previous advice, has proposed spreading newly available state money around to several counties to help provide rehabilitation and treatment for the low-level offenders who will be coming to county jails.

Convicted sex offender seeks chance to take Ohio bar exam

A former Army officer who served time in prison after repeatedly trying to meet girls for sex wants to become a lawyer, a move opposed by the legal profession, according to a case that has reached the state's highest court.

SCOTUS hear arguments over life sentences for teenagers

People serving life terms for murders they committed as teenagers were looking to the Supreme Court of the United States Tuesday for signals about whether they will have a chance to seek their freedom.

Opinions Oct. 13, 2015

Indiana Court of Appeals
Scott A. Criswell v. State of Indiana
02A03-1501-CR-22
Criminal. Reverses denial of Criswell’s motion to suppress a statement given as part of an internal police investigation into his involvement in the break in and theft of items from a home. Remands with instructions to grant the motion to suppress the statement as well as any other evidence that was directly or indirectly derived from the statement.

Officer’s internal statement not allowed in criminal trial

The Indiana Court of Appeals agreed with a Fort Wayne police officer that a statement he gave as part of an internal affairs investigation into his role in a break-in of a foreclosed home should not be allowed at his criminal trial.

Indiana BMV admits in class-action case to 112 overcharges

Indiana's Bureau of Motor Vehicles has admitted to more than 100 weight-class overcharges in court documents stemming from a class-action lawsuit alleging that the agency overcharged motorists by tens of millions of dollars.

Indiana lawyers say they’re not bound to report child abuse

Some child welfare officials say there could be dangerous fallout from an Indiana State Bar Association committee's opinion that lawyers aren't bound by a state law requiring anyone who suspects child abuse to immediately report it.