Judge argues ruling puts form over substance
The chief judge of the Indiana Court of Appeals dissented from his colleagues in an insurance dispute because he believes the decision leads to "an inequitable result."
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Court rules on LLC matter of first impression
The Indiana Court of Appeals had to decide for the first time whether a company owes a continuing fiduciary duty to a former shareholder or member to accurately report the company's fiscal results to the IRS for a year in which the former member held stock or was still a member of the limited liability company.
Justices disagree on judge’s penalty
A suspended Marion Superior judge will be able to return to the bench after another 60 days off the bench, this time without pay.
AG files state’s first lead-paint hazard suit
In the first lawsuit of its kind in Indiana, the state attorney general's office is going after two Evansville landlords who it says have ignored warnings to correct a lead-paint environmental hazard in a rental house.
Court rules on suspended sentence issue
A panel of Indiana Court of Appeals judges ruled on an issue that has generated a split of opinion among them: whether a fully executed sentence is equivalent to a sentence of equal length but partially suspended to probation for purposes of review under Appellate Rule 7(B).
Court rules in transgender discrimination case
A District Court judge today granted summary judgment in favor of a convenience store company that was being sued by a transgender employee for sex discrimination after she was fired.
Supreme Court disbars attorney
A split Indiana Supreme Court voted to immediately disbar an Indianapolis attorney who pleaded guilty to one count of willfully making a false tax return.
Supreme Court grants transfer, remands case
The Indiana Supreme Court granted transfer to a case involving a defendant's motion for leave to file a belated appeal and remanded the case for further proceedings.
Court affirms student’s convictions
After examining the few Indiana decisions on tumultuous conduct in the context of sufficiency of evidence to support a disorderly conduct conviction, the Indiana Supreme Court affirmed a high school student's conviction for behavior involving the dean of students. The high court also affirmed the student's battery conviction against the assistant principal.
Supreme Court grants 6 transfers
The Indiana Supreme Court granted six transfers Sept. 11, including a case of first impression involving a suit filed by a pathological gambler against a riverboat casino.
Student loan repayment program resumes
A suspended program that helps attorneys working with civil legal aid organizations repay their student loans has been reinstated thanks to the Indiana Supreme Court.
Restitution for lost wages an error
A trial court erred in ordering a man to pay restitution of the lost wages of his victim because there's no direct link the man's criminal recklessness caused the victim to be fired, the Indiana Court of Appeals ruled.
Judges dissent on search after ‘knock and talk’
An Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to a general distrust of law enforcement.
Judiciary announces court reforms
he Indiana Judicial Conference unveiled its "roadmap for the future" today for the Indiana courts, which included consolidating courts and creating a uniform system to select trial judges.
Annual 7th Circuit meeting in Indy
United States Supreme Court Justice John Paul Stevens and Rev. David Link, Dean Emeritus of the University of Notre Dame School of Law, are just two of the speakers at this year's Judicial Conference of the 7th Circuit and the annual meeting of the 7th Circuit Bar Association in Indianapolis.
COA to hear arguments at college
As a part of its "Appeals on Wheels" initiative, a panel of Indiana Court of Appeals judges will visit St. Mary-of-the-Woods College Nov. 17 to hear arguments in a medical malpractice suit.
Judges differ on pretrial credit award
Each judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant, who pleaded guilty to one charge – other charges were dismissed – is entitled to, or if he is entitled to any time at all.
Lawmakers: No Gitmo detainees to Indiana
A Northern Indiana lawmaker doesn't want any Guantanamo Bay Naval Base detainees to be sent to a high-security prison in Terre Haute once the Guantanamo camp is closed within a year.
Text messages must be separately authenticated
In a matter of first impression, the Indiana Court of Appeals determined text messages are subject to separate authentication before being admitted into evidence, much like the authentication process that data saved in a computer must undergo before being admitted.
Advisory sentence not sentencing starting point
A man appealing his 15-year sentence for rape made a "novel" argument in his brief: the trial court should have started its calculation of his sentence using the advisory sentence of 10 years instead of using the midpoint of 13 years.