Supreme Court travels to IU-Bloomington
The Indiana Supreme Court will be in Bloomington Thursday to hear arguments in a case involving a dispute between a landlord and his former tenants.
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No summary judgment in mailbox case
The owners of a mailbox struck by a woman's car that left the road inexplicably aren't entitled to summary judgment on the woman's negligence claim, the Indiana Court of Appeals affirmed today.
7th Circuit rules on sex offender registration
A reasonable grace period is required before the federal government can enhance a convicted sex offender’s punishment for not registering after a move to a new state, the 7th Circuit Court of Appeals ruled today.
Headline: Subtitle
Affirms Beer’s convictions and sentence for three counts of dealing cocaine, unlawful possession of a firearm by a serious violent offender, possession of cocaine with the intent to deliver, and maintaining a common nuisance.
Termination of rights affirmed despite error
A trial court erred when it failed to follow Indiana Code in a termination of parental rights hearing, the Indiana Court of Appeals ruled today. Because the appellate court found the error to be harmless, it affirmed the involuntary termination of a father's parental rights.
Update: New obscene materials law struck down
On the day it was supposed to take effect, an Indianapolis federal judge struck down in its entirety a new law that would have required bookstores, retailers, and others to register with the state and pay a fee to sell any sexually explicit material.U.S. District Judge Sarah Evans Barker issued a ruling Tuesday in Big Hat Books, et al. v. Prosecutors, No. 1:08-CV-00596, which challenged the constitutionality of House Enrolled Act 1042 passed earlier this year by the Indiana General Assembly….
Appeal moot, but attorney fees allowed
The Indiana Court of Appeals dismissed an appeal as moot but awarded the defendant appellate attorney fees and costs because the plaintiff engaged in procedural and substantive bad faith during the appeals process. In Samuel Lesjak v. New England Financial, No. 29A02-0706-CV-499, Lesjak appealed the trial court’s order that he arbitrate a claim filed against him by New England Financial in a forum other than the National Association of Securities Dealers. Lesjak worked for New England Securities as a broker/dealer. He registered…
SCOTUS set to start term
Next week will be a big one for Indiana in the Supreme Court of the United States.The nation’s highest court will hear six arguments next week, including a much-anticipated and publicized case involving Indiana’s voter identification law, and another state’s case that has Hoosier interest on the constitutionality of lethal injections.On Tuesday, the justices will take on a pair of Indiana cases. The combined cases are Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No….
Court rules on 2 water-related cases
The Indiana Court of Appeals decided two environmental cases today involving issues pertaining to lake levels and the rights lakefront property owners enjoy.In Center Townhouse Corp., et al. v. City of Mishawaka, No. 71A04-0612-CV-707, the court tackled an issue it hasn’t specifically dealt with before and decided not to expand Indiana’s riparian rights, or those privileges extended to waterfront property owners, to include the right of unobstructed view of the water.A group of eight townhome owners brought an inverse condemnation action against…
IU Law professor on Obama transition team
A professor at Indiana University School of Law – Bloomington has been chosen to serve on President-elect Barack Obama's transition team, the law school announced this week.
School, student settle pledge suit
Within a week of filing a federal lawsuit, a settlement has been reached on a case involving a high school student who was punished for not standing during the Pledge of Allegiance.The Franklin Community School Corp. superintendent said the American Civil Liberties Union of Indiana has agreed to drop the lawsuit. The school district will pay the student’s $1,000 in attorney fees, clear his school record, and not require participation by standing or any other way during the Pledge of Allegiance…
SCOTUS denies Vanderburgh County case
The nation’s highest court won’t take a Vanderburgh County case decided last year by the Indiana Supreme Court, which by a split vote reinstated the death sentence for a man convicted of murdering his wife and two young children.At its weekly private conference March 28, the U.S. Supreme Court denied certiorari in Paul M. McManus v. State of Indiana, No. 07-8435. After ruling in State of Indiana v. Paul M. McManus, No. 82S00-0503-PD-78, June 27, 2007, the Indiana Supreme Court denied a…
High court overturns confidentiality order
The Indiana Supreme Court today overturned a Marion Superior Court's approval of a "Confidentiality Stipulation and Order," clearing the way for hundreds of documents to be opened and available for public inspection.
Justices to hear 2 arguments
The Indiana Supreme Court will hear two arguments Thursday morning.At 9 a.m., justices will hear a direct appeal in David Camm v. State, No. 87S00-0612-CR-499, which comes from Warrick Superior Court and involves a former state trooper convicted two years ago of murdering his family.Camm is serving a life sentence without possibility of parole following his second conviction in the September 2000 murders of his wife and their two children, 7-year-old Bradley and 5-year-old Jill, in southern Indiana. The Indiana Court…
Student runs for human rights group
A student at Indiana University School of Law – Indianapolis is hoping to raise enough funds to increase the budget for the school's International Human Rights Law Society by asking for pledges for his participation in the Indianapolis Marathon Oct. 18.
COA: Gun test-firing not an unlawful search
Routine test-firing of handguns that police have in their custody isn't a violation of a person's Fourth Amendment rights, the Indiana Court of Appeals ruled today.
Federal suit targets new sex-offender law
The American Civil Liberties Union of Indiana filed a federal suit Thursday against every state prosecutor and sheriff’s office, hoping to stop them from enforcing a new sex-offender law set to begin July 1.Specifically, the class action suit challenges a provision of the new law that will require those registered on the statewide registry to give blanket consent for searches of their computers.The challenge comes less than two weeks after Gov. Mitch Daniels signed into law the measure that hails from…
Plainfield political sign ordinance challenged
The American Civil Liberties Union of Indiana has filed a federal lawsuit challenging a Plainfield ordinance restricting political lawn signs.
Judge named vice chair of commission
The Indiana Supreme Court has named Lake Circuit Judge Lorenzo Arredondo to serve as vice chair of the Commission on Race and Gender Fairness.
Courts may modify custody upon relocation
Trial courts are not required to order a change in custody upon a parental relocation under a 2006 Indiana statute, the Indiana Supreme Court decided today. The high court ruled trial courts are allowed to modify custody arrangements at their own discretion. In Valerie Raich Baxendale v. Samuel Raich, III, No. 64S05-0709-CV-372, the Indiana Supreme Court reversed the Indiana Court of Appeals decision, finding the trial court’s balancing of relevant considerations in granting physical custody of A.R. to Raich was not erroneous….