Tax Court sidesteps first-impression issue
Although the Indiana Tax Court had the opportunity to address an issue of first impression, it decided to save its analysis of the issue for another day because the case could be resolved on other grounds.
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Court: Don’t assume undue influence by child
The Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent.
Comment sought on foreclosure settlement rule
The Marion County courts are seeking comment on proposed amendments to Administrate Local Rule 49-TR 85 Rule 231 – Mandatory Settlement Conferences in Mortgage Foreclosure Cases.
Man accused of planning to blow up courthouse
A Pike County man was arrested by police after they discovered his plan to blow up the county courthouse if he was found guilty in his trial Wednesday.
Military-leave suit targets law firm
The U.S. Department of Justice says an Indianapolis law firm wrongfully refused to re-employ a staff attorney who'd returned from serving in Iraq as a member of the Indiana Army National Guard.
Lawmakers vote on COA panel, Lake County fee
Both houses of the Indiana General Assembly took action on court-related legislation Thursday.
Appellate court rules statute not unconstitutional
The presumption found in Indiana Code Section 9-30-10-16, which governs driving while privileges are suspended, isn't unconstitutional because it doesn't shift the burden of proof from the state, the Indiana Court of Appeals ruled today.
Supreme Court amends more rules
The Indiana Supreme Court has amended various rules of court, including admission and disciplinary, alternative dispute resolution, and appellate procedure rules.
SCOTUS: Elected judges must step aside
Elected judges must recuse themselves in cases where large campaign contributions from interested parties create an appearance of bias, the nation's highest court ruled today.
Transfer sought in compulsive gambling case
Arguing that common law should protect anyone intentionally harmed by someone else, an Evansville attorney is asking the Indiana Supreme Court to consider a case of first impression in which he contends a compulsive gambler was targeted and taken advantage of by a casino, resulting in her loss of $125,000 in a single night.
SCOTUS: Plaintiffs can sue drug companies
The U.S. Supreme Court says pharmaceutical companies can be sued in state court over alleged drug effects, even if the Food and Drug Administration has approved the medication and its warning label.
Man’s claims against officers can proceed
The 7th Circuit Court of Appeals reversed summary judgment in favor of police officers in a man's civil suit, finding the man may have Fourth and Fifth Amendment claims against them.
First impression for habitual offender statute
In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant's prior conviction for conspiracy to deal in cocaine qualified as a conviction for dealing in cocaine under the state's habitual offender statute.
Speaker to examine tort law in U.S.
Keith Hylton, Hon. Paul J. Liacos Professor of Law at Boston University School of Law, will present next week Valparaiso University School of Law's annual Monsanto Lecture, which examines the theory of tort in the United States and explore ways it can be reformed.
Court erred in denying court-appointed counsel
The Indiana Court of Appeals reversed a man's convictions because the trial court failed to adequately ascertain whether he was indigent for purposes of court-appointed counsel.
COA: Destroyed tape doesn’t make record silent
The premature destruction of a tape of a guilty plea hearing by court staff doesn't render the record silent for purposes of Boykin, the Indiana Court of Appeals ruled Monday.
Judges disagree as how to review sentence
A panel of Indiana Court of Appeals judges affirmed today that a defendant's sentence following a guilty plea wasn't inappropriate, but the judges didn't agree as to how to reach that conclusion.
Hearing didn’t consider all statutory factors
In a modification of physical custody case, the Indiana Court of Appeals remanded for further proceedings because the trial court was required to hear evidence on and consider all of the factors listed in Indiana Code Section 31-17-2.2-1(b).
Court issues judgment in absentee ballot case
The Marion Circuit Court has outlined the required procedures for dealing with the county's absentee ballots following a suit that accused the Marion County Election Board of not following statute.
High court addresses Protected Person Statute
Addressing for the first time under the current Rules of Evidence a case regarding a protected person testifying at trial as well as by videotape or other statement, the Indiana Supreme Court held that if the statements are consistent and both are otherwise admissible, testimony of a protected person can't be presented both in open court and in a pre-recorded statement through the Protected Person Statute.