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A woman who claimed a bank acting as trustee breached its fiduciary duties by selling stock of JP Morgan Chase over the course of several years is still on the hook for more than $100,000 in attorney fees and costs to the trustee, the Indiana Court of Appeals affirmed Thursday. The COA agreed Susan Moeder brought a groundless claim against Salin Bank and Trust Co. after it sought to resign as trustee.
The Indiana Supreme Court affirmed a man’s conviction of patronizing a prostitute, with the majority ruling the state rebutted his defense of entrapment by showing there was no police inducement.
The Supreme Court of the United States will hear arguments over same-sex marriage on April 28 and make audio of the proceedings available later that day.
An Indianapolis woman convicted of killing six children and a man in a wrong-way, head-on collision along a state highway will not get a new trial, a judge has ruled.
An Indianapolis woman convicted of killing six children and a man in a wrong-way, head-on collision along a state highway will not get a new trial, a judge has ruled.
A class-action lawsuit that says the Indiana Bureau of Motor Vehicles overcharged customers by millions of dollars is set to go to mediation.
Severe weather and emergency travel restrictions have closed several federal courts in southern Indiana. The Evansville and New Albany offices of the U.S. District and Bankruptcy courts for the Southern District of Indiana are closed Thursday. The Clark County Government Building, which houses the Circuit courts, is also closed.
Two federal lawsuits filed in Indianapolis allege Eli Lilly’s top-selling antidepressant Cymbalta caused almost immediate dangerous withdrawal symptoms when patients attempted to stop using the medication.
Reginald T. Walton is guilty of "very poor judgment" and "ethics violations," and also "did a pretty good job concealing" his involvement in private real estate partnerships during his tenure leading the Indy Land Bank, but he's not guilty of any crime, his attorney argued in federal court Wednesday.
The Supreme Court of the United States was sharply divided Wednesday in the latest challenge to President Barack Obama's health overhaul, this time over the tax subsidies that make insurance affordable for millions of Americans.
Indiana Court of Appeals
Erik Toombs v. State of Indiana (mem. dec.)
49A02-1408-CR-524
Criminal. Affirms conviction of Class D felony operating a vehicle as a habitual traffic violator.
Rodrick Hughes v. State of Indiana (mem. dec.)
49A02-1408-CR-562
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
In the Matter of the Termination of the Parent-Child Relationship of: H.A., B.A., and J.A. (Minor Children) and H.A. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
53A01-1408-JT-338
Juvenile. Affirms termination of mother’s parental rights.
Indiana Court of Appeals
David Bisard v. State of Indiana
02A03-1312-CR-492
Criminal. Affirms convictions and sentence for Class B felony operating a vehicle with a BAC of 0.15 or higher causing death and two counts of Class D felony operating a vehicle with a BAC of more than 0.08 percent causing serious bodily injury. The trial court did not abuse its discretion in denying Bisard’s motion for a mistrial based upon issues relating to juror misconduct and the statement by the court that admitting testimony from Bisard regarding his drinking habits would open the door to a subsequent drunken-driving conviction did not amount to denial of due process.
A trial court incorrectly calculated the amount of credit for the time a man had served prior to the revocation of his probation as well as the sentence imposed after the revocation, the Indiana Court of Appeals ruled.
Former Indianapolis Metropolitan Police Department officer David Bisard, convicted of drunken-driving offenses after he struck three motorcyclists while responding to a non-emergency call, was not entitled to a mistrial based on juror misconduct issues, the Indiana Court of Appeals ruled Wednesday.
A Blackford County judge has denied a request for a second court-appointed lawyer from an eastern Indiana man accused of killing a father and daughter.
Dzhokhar Tsarnaev went on trial for his life Wednesday in the Boston Marathon bombing with his own lawyer bluntly telling the jury he committed the crime. But she argued that he had fallen under the influence of his older brother.
Indiana Court of Appeals
Carol Hanquier and Jose Hanquier v. Joseph Hall and Pekin Insurance (mem. dec.)
55A05-1408-CT-375
Civil tort. Reverses dismissal of the Hanquiers’ complaint against Hall and Pekin insurance. Remands for further proceedings.
Sidney Lamour Tyson v. State of Indiana (mem. dec.)
45A03-1405-CR-143
Criminal. Affirms denial of motion to dismiss Class D felony failure to register as a sex offender charge.
Elijah Moore v. State of Indiana (mem. dec.)
49A02-1408-CR-587
Criminal. Affirms convictions of felony murder and Class C felony attempted robbery.
Indiana Court of Appeals
Gordon A. Etzler v. Indiana Department of Revenue
50A04-1406-PL-285
Civil plenary. Reverses summary judgment in favor of the revenue department on Etzler’s complaint for breeder’s award funds. Because the judgment resulting from the department’s Marshall County tax warrant only creates a lien on property “in the county,” I.C. 6-8.1-8-2(e), and because the department did not take measures to establish a lien on property located in any other county, the department’s ability to levy on Dale Dodson’s property was limited to Marshall County. Etzler filed a valid UCC financing statement that perfected his interest in the breeder’s awards.
The Indiana Supreme Court took just one case on transfer last week, a case involving a dispute over coverage for environmental contamination. The Court of Appeals ordered a trial on whether the known loss doctrine would bar insurance coverage, but later found that the “known claim” exclusion applies.
The Indiana Court of Appeals reversed the decision by an administrative law judge that a nurse was not fired for just cause. The COA noted surprise that the man’s claims he was joking when he made sexually inappropriate comments to co-workers led the ALJ to decide the actions did not amount to violation of his employer’s sexual harassment policy.