Home » Search

Search Results

7371 results for 'articles'

To refine your search through our archives use our Advanced Search

Opinions Dec. 10, 2014

7th Circuit Court of Appeal
Robert D. DeLee v. City of Plymouth, Indiana
14-1970
U.S. District Court, Northern District of Indiana, Judge James T. Moody.
Civil. Reverses summary judgment in favor of the city on police officer DeLee’s lawsuit that he is entitled to his full longevity payment from the city for the year he served in the U.S. Air Force Reserves for eight months. Plymouth’s longevity benefit is more appropriately characterized as a reward for lengthy service rather than as compensation for work performed the preceding year, so the Uniformed Services Employment and Reemployment Rights Act guarantees DeLee a fully longevity payment for his 12th year of employment. Remands for further proceedings.

COA finds no reason to reverse man’s child molesting conviction

There was no prosecutorial misconduct or errors by the trial court that would require the Indiana Court of Appeals to reverse a Marion County man’s child molesting conviction. The man raised several claims, including he was denied the right to an impartial jury and fair trial.

Justices split over reducing meth sentence

Justices Brent Dickson and Mark Massa disagreed with their colleagues Wednesday that a Tippecanoe County man’s 40-year sentence for Class A felony dealing in methamphetamine needed to be revised.

Court affirms probation revocation, total time ordered in DOC

A Vigo County man lost his argument before the Indiana Court of Appeals that his term of informal probation should not have been revoked by the trial court after he violated terms of his placement in a home detention program.

Online Extra: Judicial Roundtable 2014

When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state’s appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana’s Bankruptcy Court to discuss their career paths as well as opportunities and challenges today’s courts and lawyers face.

Appeals court upholds teen’s 55-year sentence for murder

In a case of first impression, the Indiana Court of Appeals affirmed the 55-year sentence imposed on a juvenile waived into adult court for the murder of a friend. The teen claimed he should have been sentenced under the alternative sentencing scheme available for juveniles.

IBM, state enter mediation over failed welfare contract

IBM Corp. and the state have agreed to mediation as a lawsuit between the parties over the failed billion-dollar contract to privatize welfare services awaits a ruling from the Indiana Supreme Court.

IU McKinney partners with USI for legal scholarship

Indiana University Robert H. McKinney and the University of Southern Indiana have created a scholar program that will allow two students from USI to attend IU McKinney, beginning in the fall 2015.

Reservist entitled to full longevity pay despite time away from police force

The 7th Circuit Court of Appeals held Tuesday that a Plymouth, Indiana, patrolman should receive the $2,700 in longevity pay he is entitled to from the city under an ordinance. The city cut the payment by two-thirds because the man served eight months on activity duty in the U.S. Air Force.

Court hears ex-Indiana elections chief’s appeal

An attorney for former Secretary of State Charlie White faced tough questioning Tuesday from Indiana's three-judge appeals court during White's latest bid to overturn the voter fraud convictions that forced him from office.

Prosecutor to seek death penalty for mutilator

A prosecutor intends to seek the death penalty for a southern Indiana man who has confessed to fatally stabbing his girlfriend and mutilating her body, including cooking and eating some of her organs.

Opinions Dec. 9, 2014 ILD

Indiana Court of Appeals
Christopher DeMoss v. State of Indiana (NFP)
84A05-1408-CR-235
Criminal. Affirms revocation of probation.

Dallas C. Myers v. Heather D. Myers (NFP)
29A02-1405-DR-335
Domestic relation. Affirms denial of father’s requests to modify custody, to hold mother in contempt and to require mother to contribute to transportation expenses related to his parenting time.

Demetrius Sanders v. State of Indiana (NFP)
49A02-1405-CR-301
Criminal. Affirms sentencing determination but remands for clarification of Sanders’ sentence regarding the length of his probation.

Christopher Truman v. State of Indiana (NFP)
64A05-1403-CR-140
Criminal. Affirms convictions and 118-aggregate sentence relating to the sexual abuse of four minor boys.
 

Opinions Oct. 9, 2014

Indiana Court of Appeals
Kolyann Williams v. State of Indiana
34A02-1406-CR-418
Criminal. Reverses conviction of Class A misdemeanor marijuana possession stemming from a traffic stop. Concludes the officer did not have a reasonable suspicion to believe that Williams had committed an infraction that supported stopping his car.

COA reverses marijuana conviction based on illegal traffic stop

A police officer was mistaken when he pulled over a vehicle that, due to a broken tail light, emitted more white light than red light, the Indiana Court of Appeals ruled Tuesday. The statute only requires that some red light be visible, which occurred in this case.

COA reverses syringe possession conviction due to lack of evidence

Because the state couldn’t prove that a man intended to use a syringe to inject a legend drug, as is required by the statute to convict him of possession of a syringe, the Indiana Court of Appeals reversed the man’s conviction. The man intended to use the syringe to inject heroin, which is not covered by the statute.