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Court says why it removed special prosecutor

The Indiana Supreme Court released an original action Nov. 13 explaining why it ordered an appointed special prosecutor in Delaware County removed from a case.

Supreme Court grants 3 transfers

The Indiana Supreme Court granted three transfers Thursday to cases involving what manner an appellate court could reverse a revocation of probation, how to calculate guardian ad litem fees, and whether there is a rebuttable presumption that children ages 7 through 14 can't be found contributorily negligent.

COA: Police didn’t need to search car after stop

The Indiana Court of Appeals reversed a man's unlawful possession of a firearm by a serious violent felon conviction, ruling the warrantless search of the car the man was driving violated his federal and state constitutional rights.

COA: Business is a nuisance to homeowners

Despite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.

Mortgage CLE numbers announced Monday

Representatives from the Indiana Supreme Court will be in Evansville Monday to release the number of judges, attorneys, and mediators who were trained this summer and fall to represent borrowers and handle settlement conferences.

SCOTUS denies Indiana wine case

The Supreme Court of the United States won't consider whether Indiana's wine shipping law is constitutional by requiring in-person contact before any direct delivery is allowed.

Law school symposium to discuss torture

The Valparaiso University School of Law, as part of its annual symposium lecture series, is offering "Torture: Justifiable?" which focuses on whether and under what circumstances torture may be justifiable.

Testimony based on medical journals allowed

A physician testifying at a medical malpractice case should have been allowed to offer testimony based on her reading of medical journals, and a Marion County judge erred when he excluded part of her statements, the Indiana Court of Appeals decided.

Red Spot could face $26 million in cleanup costs

A southern Indiana company could be on the hook for $26 million in contaminated site cleanup costs, a consequence of a federal judge's default ruling in June that found the business and its former attorneys had purposely withheld evidence and misled the court.

Death penalty, election arguments Thursday

The Indiana Supreme Court will hear arguments Thursday in a death penalty case, a dispute whether the elected mayor of Terre Haute was eligible to run for office, and whether an order for a mother's voluntary termination of parental rights should have been set aside.

COA: No preliminary injunction against casinos

A panel of Indiana Court of Appeals judges agreed a city isn't entitled to a preliminary injunction to order riverboat casinos to make payments to the city, but the judges disagreed as to why the city didn't meet its burden to prove an injunction was necessary.

Indiana attorney fights Alaska’s merit selection

A Terre Haute attorney has filed a federal suit challenging the merit-selection system in Alaska, arguing the state bar association has unconstitutional control over the judicial nominating commission and takes away the people's right to choose their judges.

COA upholds workplace restraining order

The Indiana Court of Appeals today analyzed for the first time the legal parameters required to affirm an order issued to protect a person under the Workplace Violence Restraining Order Act. The appellate court turned to the Indiana Civil Protection Order Act to provide context for analyzing cases under the WVROA.

Court rules on workers’ comp dispute

The Indiana Court of Appeals reversed a finding that a company had acted in bad faith in denying workers' compensation benefits because there was a dispute over who should pay the benefits.

Judges disagree if testimony is hypothetical

Indiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice case used hypothetical language that couldn't raise a genuine issue of fact.

Insurance presents first-impression issue

The Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a former employer aren't a marital asset subject to a division.

Court affirms sentence for non-support of 8 kids

A trial court didn't err in imposing three consecutive sentences following a man's guilty plea to three counts of felony non-support of a dependent because his failure to pay didn't constitute a single episode of criminal activity, the Indiana Court of Appeals ruled today.

SCOTUS remands Indiana death penalty case

The 7th Circuit Court of Appeals was wrong in disposing of an Indiana man's death penalty challenges without any explanation, and should have allowed a Northern District of Indiana judge to consider those unresolved claims, the nation's highest court ruled today.