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A southern Indiana drug treatment court unjustly jailed scores of program participants for an average time of almost seven weeks. The detentions are detailed in a magistrate judge’s proposed order to certify classes in a federal civil rights lawsuit former drug court participants filed against an ex-judge and other officials.
The man ordered to pay $10,000 in restitution to his ex-wife following misdemeanor convictions of invasion of privacy and criminal mischief will get a new hearing on the matter after the Court of Appeals sent the case back to the trial court.
A federal appeals court ruled Wednesday that the NCAA's use of college athletes' names, images and likenesses in video games and TV broadcasts violated antitrust laws, but it struck down a plan allowing schools to pay athletes up to $5,000.
The Indiana Tax Court reversed a probate court’s entry of summary judgment in favor of an estate on a claim seeking a refund of nearly $645,000 paid in inheritance tax, but the judge did find the estate is entitled to approximately $58,000 as a refund.
A company owner seeking relief from a tax judgment should not have filed in county court, but with the Indiana Tax Court, the Court of Appeals concluded Wednesday. It ordered the case dismissed on jurisdictional grounds.
A man who pleaded guilty to one count of theft for stealing grain, but admitted to stealing from the victim on other occasions, had his restitution amount reduced from nearly $150,000 to just around $28,000.
The Indiana Court of Appeals was split in a decision Wednesday regarding whether a man on trial for a drug charge should have been allowed to depose two witnesses prior to trial. The judges didn’t agree as to which caselaw is controlling in the matter.
A defendant’s request to disqualify the entire LaPorte County Prosecutor’s Office from his voluntary manslaughter case because several in the office viewed his conversation with his attorney recorded during a police interrogation is moot because there is a new prosecutor in office, the Indiana Court of Appeals has ruled.
A man’s conviction in Whitley County for dealing in methamphetamine by manufacturing was upheld by the Court of Appeals Wednesday. There is evidence that the man knowingly or intentionally aided an acquaintance in making methamphetamine in the home the defendant shared with his girlfriend.
Indiana Court of Appeals
James A. Lynn v. State of Indiana (mem. dec.)
70A01-1412-PC-534
Post conviction. Affirms denial of petition for post-conviction relief.
Tiffany Smith v. State of Indiana (mem. dec.)
49A02-1503-CR-144
Criminal. Affirms conviction of Class D felony theft.
Joseph Merriman, III v. State of Indiana (mem. dec.)
30A01-1503-CR-119
Criminal. Affirms conviction of Class D felony residential entry.
Elsor Matthews v. State of Indiana (mem. dec.)
27A05-1503-PC-116
Post conviction. Affirms denial of petition for post-conviction relief.
William A. Russell v. State of Indiana (mem. dec.)
41A04-1504-CR-155
Criminal. Affirms order denying Russell’s fourth motion to correct erroneous sentence.
Jerell Owens v. State of Indiana (mem. dec.)
48A02-1501-PC-60
Post conviction. Affirms denial of petition for post-conviction relief.
In the Matter of the Term. of the Parent-Child Relationship of S.R., and D.R., and H.A.R., H.G.R., H.O.R., and N.R., Children: S.R. and D.R. v. Ind. Dept. of Child Services (mem. dec.)
42A01-1501-JT-34
Juvenile. Affirms termination of parental rights.
7th Circuit Court of Appeals
Defender Security Company v. First Mercury Insurance Company
14-1805
U.S. District court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms First Mercury Insurance Co.’s motion to dismiss Defender Security Co.’s lawsuit alleging breach of contract and bad faith, which sought a declaratory judgment that First Mercury owed it a duty to defend. Based on Indiana’s definition of “publication” in the defamation context, the term “publication” in the insurance policy was not susceptible to Defender’s interpretation that its recording and storing of customers’ information constitutes “publication” so as to trigger defense by First Mercury in a lawsuit.
The Indiana Court of Appeals reversed the decision to terminate the parental rights of a mother to her twin daughters based on insufficient evidence, although one judge believed the termination should have been upheld. The court unanimously affirmed the decision to end her parental rights to her son.
An Indiana company sued for recording customers’ personal information over the phone without their knowledge did not publish that information as required to trigger a duty to defend by its insurer in a California lawsuit, the 7th Circuit Court of Appeals affirmed Tuesday.
It’s like going back to school. Before they begin to work, new lawyers at many big firms complete lengthy orientation programs that provide instruction on topics like basic accounting and finance.
The former mayor of Lake Station and his wife have asked for a delay in their second criminal trial and for a federal judge to recuse himself.
A credit union that holds loans on thousands of prospective college students is suing an Indianapolis-based college test preparation company, alleging that it owes it more than $12 million.
Longtime Indiana state Rep. William Crawford will lie in state in the Indiana Statehouse Rotunda ahead of his funeral this week.
Indiana’s largest cemetery illegally made direct solicitations to people in hospitals, mental health facilities and other care settings, alleges a class-action lawsuit filed Monday in Indianapolis.
The state’s legal profession welcomed 312 new lawyers to its ranks Monday during an admission ceremony hosted by the Indiana Supreme Court.
Indiana Court of Appeals
Jon A. Zima v. Eric A. Kazmierzak (mem. dec.)
71A04-1502-PL-71
Civil plenary. Reverses denial of Zima’s motion to correct error, which challenged the order he pay damages and attorney fees entered upon forfeiture for the breach of a land sales contract. Remands for the consideration of the evidence of actual damages to include fair market value incurred by Kazmierzak.
Brandon Eubank v. State of Indiana (mem. dec.)
15A01-1502-CR-69
Criminal. Affirms sentences for Level 6 neglect of a dependent and Class A misdemeanor resisting law enforcement but remands the sentencing order with instructions to enter an order that complies with the terms of the plea agreement and reflects that the sentences were to be served concurrently.