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COA rules on first impression railroad issue

In an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on
unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries
he sustained while employed with a transportation company.

Candidate wants prosecutor to step down

Marion County Republican prosecutor candidate Mark Massa has called on Marion County Prosecutor Carl Brizzi, also a Republican, to step down in the wake of a five-month-long Indianapolis Business Journal investigation.

COA lengthens defendant’s sentence

The Indiana Court of Appeals revised a defendant's sentence for rape and other convictions, but it may not have been what the man had in mind when he appealed. In a rare move, the Court of Appeals increased his sentence by 25 years.

Appellate court upholds guardian appointment

The Indiana Court of Appeals affirmed the appointment of a third-party guardian for an incompetent adult because a disinterested person may hopefully prevent unnecessary disputes caused by mistrust between the woman's children and husband.

Justice ponders importance of party-line vote

As the Indiana Supreme Court justices considered the constitutionality of the state's voter ID law this week, one jurist wondered how much the legislative process might factor into the court's analysis of whether a statute is constitutional.

7th Circuit reverses ruling on police excessive force

The 7th Circuit Court of Appeals has decided that a prisoner should have the chance to proceed on a federal claim of police using unreasonable force during and after his arrest for which he’s been convicted at the state level.

COA split on whether company can repurchase stock

A panel of Indiana Court of Appeals judges disagreed as to whether a company's attempt to exercise its option to repurchase stock had occurred in a timely manner under a shareholders' agreement.

Lawmakers miss self-imposed deadline

The Indiana General Assembly tried to end the session more than a week before the constitutional March 14 deadline, but impasses on school funding and unemployment insurance caused the legislators to miss their March 4 self-imposed deadline.

COA: no error in admitting no contest plea

A plea of no contest can be admitted under Indiana Evidence Rule 803(8) as a public record proving the fact of a conviction, the Indiana Court of Appeals affirmed today. The appellate court found no error in admitting a defendant's nolo contendere plea to a Florida murder as proof he was convicted of an offense qualifying him as a serious violent felon.

Man didn’t timely file petition to reopen estates

A trial court correctly denied the request to reopen the estates of a man's deceased parents to correct an error because he failed to timely file his petition, the Indiana Court of Appeals affirmed.

Police deaths, injury inspire late legislation

Although the deadline has passed to introduce new legislation, St. Joseph County Prosecutor Michael Dvorak has called on legislators to find current bills that will allow amendments to statute in response to two separate car accidents involving police officers.

Newspapers join fight to unseal Durham records

The Indianapolis Business Journal and The Wall Street Journal have joined the legal fight to unseal search-warrant documents related to the federal investigation of businessman Tim Durham and Akron, Ohio-based Fair Finance Co. The IBJ is a sister publication of Indiana Lawyer.

Judges disagree on chemical possession charge

A panel of Indiana Court of Appeal judges disagreed as to whether a defendant who stole anhydrous ammonia with the intent of selling it to a third party in the future to make methamphetamine, but who never actually sold the chemical, could be charged with possession with intent to manufacture methamphetamine.

Governor signs last of legislation

The 2010 session of the Indiana General Assembly wrapped up Thursday with Gov. Mitch Daniels signing the remaining legislation pending before him.

Justices take case of dismissed drug charges

The Indiana Supreme Court will decide whether a trial court was correct when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against the man based on that search.

COA upholds termination of parental rights

The Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence. The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to prove her drug use when she repeatedly refused to submit to drug testing.

PBS to show terrorism simulation documentary

A documentary of a simulated terrorist attack that took place at Indiana University School of Law – Indianapolis in October will premiere on Indianapolis PBS affiliate WFYI, Channel 20, Jan. 21 at 7:30 p.m.

AG opposes East Chicago settlement terms

Indiana's Attorney General opposes a proposed settlement between the city of East Chicago and a developer regarding riverboat casino revenues because it would grant additional money to that developer at a time when the state is suing to open up the financial books.