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The Court of Appeals of Indiana has reversed declaratory judgment entered in favor of a law enforcement officer facing discipline following his arrest, even though that arrest was expunged.
A man convicted of murder failed to convince the Court of Appeals of Indiana that the absence of a full competency hearing and the admission of certain evidence undermined his conviction.
Court of Appeals of Indiana
Willow Haven on 106th Street, LLC v. Hari Nagireddy and Saranya Nagireddy
22A-PL-2931
Civil plenary. Affirms the preliminary injunction enjoining Willow Haven on 106th Street LLC from completing construction of a home on a lot next to where Hari and Saranya Nagireddy reside. Finds the Nagireddys were not required to exhaust administrative remedies before pursuing injunctive relief with the Hamilton Superior Court. Also finds the trial court did not abuse its discretion in entering a preliminary injunction in favor of the Nagireddys. Judge Leanna Weissmann dissents with separate opinion.
Construction of a proposed senior group home in Carmel cannot move forward after a split panel of the Court of Appeals of Indiana affirmed a preliminary injunction challenging the underlying building permit.
A credit union’s “persistent disavowal” of the arguments it raised on rehearing led the Indiana Supreme Court to reaffirm its prior ruling that the credit union cannot compel arbitration in a customer’s class-action.
The full Indiana House of Representatives on Monday will take a final vote on a bill dealing with the process of determining whether a defendant is competent to stand trial.
An advertising agency that helped develop marketing campaigns for OxyContin and other prescription painkillers has agreed to pay U.S. states $350 million rather than face the possibility of trials over its role in the opioid crisis.
Court of Appeals of Indiana
J.G. v. State of Indiana (mem. dec.)
23A-JV-113
Juvenile. Affirms and reverses in part J.G.’s adjudication as a delinquent for what would be Level 4 felony child molesting, Level 5 felony criminal confinement and Level 6 felony dissemination of matter harmful to minors if committed by an adult. Finds the admission of hearsay testimony was harmless. Also finds insufficient evidence supports the Marion Superior Court’s true finding on the Level 6 felony. Finally, finds the scrivener’s error should be corrected. Remands with instructions to correct the scrivener’s error.
In agreeing on a public reprimand for Indiana Attorney General Todd Rokita, the Indiana Supreme Court Disciplinary Commission looked to the prior discipline of another elected official.
An inmate who alleges jail officers took photos of her genitals and threatened to tase her without provocation is suing those officers and the Henry County sheriff for constitutional violations.
Indiana University Robert H. McKinney School of Law has entered into a formal relationship with a French university.
A Madison County judge is facing judicial discipline charges alleging that he failed to adequately supervise his staff and properly take action in criminal cases, resulting in the dismissal of multiple cases and the improper issuance of a custody order.
Young gun safety advocates clashed with an avowed gun-rights lawmaker on Tuesday in a 10-minute exchange that featured a brief showing of a holstered handgun.
Hoosier school boards would have authority over “human sexuality” instruction under legislation moving through the Indiana Statehouse.
A federal judge rejected a plea agreement Wednesday for a former Muncie police officer accused of trying to cover up another officer’s use of excessive force, setting the stage for his third trial in the case.
Years of fighting losing battles have left the NCAA almost helpless to defend itself.
A CHINS adjudication was not erroneous, the Court of Appeals of Indiana has ruled, but a contempt finding against a father was.
An inmate alleging his constitutional rights were violated in a prison disciplinary process that put him in segregation for two years has failed to find relief at the 7th Circuit Court of Appeals.
A trial court must hold an evidentiary hearing to determine how familiar a potential juror in a medical malpractice case was with a doctor who was called an expert for the defense, the Court of Appeals of Indiana has ruled.
Two months after vacating a man’s attempted murder and battery convictions, the Court of Appeals of Indiana has reaffirmed that decision on rehearing, doubling down on its holding that a speedy trial request was not met.