COA reverses transfer of venue in adoption case
A trial court improperly transferred venue in an adoption case, the Court of Appeals of Indiana ruled in a Thursday reversal.
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Educators go ‘behind the curtain’ for civics crash-course on Indiana judiciary
A dozen social studies teachers from across the state traveled to the Indiana Statehouse on Wednesday to get a behind-the-scenes look at the judiciary and fresh ideas on civics education.
Opinions Sept. 28, 2023
Court of Appeals of Indiana
Elijah Colon Cruz v. State of Indiana
22A-CR-383
Criminal. Affirms Elijah Colon Cruz’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Marion Superior Court did not abuse its discretion in the admission of evidence. Also finds sufficient evidence supported the conviction.
COA affirms, reverses trial courts’ judgments on what can be submitted to medical review panels
Plaintiffs claiming they were injured by steroid injections are not entitled to summary judgment on their state or federal prescription-law claims, the Court of Appeals of Indiana has ruled.
COA hears arguments on motion to suppress as part of ‘Behind the Curtain’ event
As part of a daylong event designed to increase educators’ understanding of the Indiana judicial branch, the Court of Appeals of Indiana on Wednesday heard arguments in a case involving the admission of evidence collected during a traffic stop.
Judge overturns $176.5M jury verdict against Lilly in patent infringement suit
A federal judge has overturned a $176.5 million jury verdict against Eli Lilly and Co., finding that the Indianapolis-based drugmaker did not infringe on the patents of a competitor in developing a treatment for migraine headaches.
Kolar’s 7th Circuit nomination pushes forward in U.S. Senate after approval by Judiciary Committee
The path for U.S. District Court for the Northern District of Indiana Magistrate Judge Joshua Kolar to fill a vacancy on the 7th Circuit Court of Appeals now comes down to just one vote after the Senate Judiciary Committee endorsed his nomination Thursday.
Corteva sues startup rival Inari for patent infringement
Corteva Agriscience Inc. is suing a Massachusetts startup, saying the company has taken Corteva’s patent-protected seeds, made slight genetic modifications and is preparing to commercialize them under its own name.
State to break ground on new northwest Indiana prison
Gov. Eric Holcomb will join other state officials Thursday to break ground on a $1.2 billion correctional facility in northwest Indiana. The prison, funding for which was approved last month, will be built near the existing Westville Correctional Facility.
Murder suspect mistakenly released from Indianapolis jail captured in Minnesota, police say
A murder suspect who was mistakenly released two weeks ago from jail in Indianapolis was captured Wednesday by the U.S. Marshals Service in Minnesota, where he faces charges in a 2021 killing, police said.
On COVID-19 response, Holcomb says he has ‘no regrets’
Indiana Gov. Eric Holcomb said he is comfortable with the difficult decisions his administration made to shut down schools, businesses and public gatherings during the height of the COVID-19 pandemic.
IN Supreme Court hears arguments in wrongful death case at Trine University
Indiana Supreme Court justices heard arguments Wednesday at Trine University about whether a state law that allows people who have been injured by an intoxicated person to sue the establishment that served them alcohol excludes a common law cause of action.
Senior judge named judge pro tem while Martin Co. judge on maternity leave
| IL Staff
The Indiana Supreme Court has appointed Senior Judge Larry R. Blanton to serve as judge pro tempore of the Martin Circuit Court beginning next month.
Man who shot into neighbor’s house loses appeal of convictions, sentence
A man who shot a gun into his neighbor’s house has failed in his attempt to convince the Court of Appeals of Indiana to overturn his convictions or five-year sentence.
No error occurred in allowing jury to view previously viewed exhibits in robbery case, COA affirms
A trial court’s decision to allow a jury to view four previously viewed exhibits in a felony robbery trial did not constitute fundamental error, the Court of Appeals of Indiana affirmed Wednesday.
Back at COA, mother whose daughter was molested at school sees partial win, loss on summary judgment
A mother whose daughter with severe disabilities was sexually molested at her school secured a partial victory and partial loss at the Court of Appeals of Indiana, where this time summary judgment rulings were at issue.
Man failed to show statutory requirements for expungement of DCS records that proved juvenile child molesting allegations, COA affirms
Indiana law didn’t back up a man’s contention that a trial court should expunge Indiana Department of Child Services records substantiating his molestation of his sisters, the Court of Appeals of Indiana affirmed Wednesday.
Opinions Sept. 27, 2023
Ricky L. Wilson v. State of Indiana
22A-CR-2837
Criminal. Affirms Ricky Wilson’s convictions of Level 5 felony criminal recklessness, Level 6 felony escape and Level 6 felony possession of cocaine, and his sentence to four years executed with one year suspended to probation. Finds sufficient evidence to support the convictions. Also finds Wilson’s sentence is not inappropriate.
COA reverses dismissal of CHINS case based on ‘absurd assertion’ that coercive intervention was no longer necessary
In a case accusing both the trial judge and the Indiana Department of Child Services of “inexplicably ignor(ing)” the best interests of a child, the Court of Appeals of Indiana has reversed the dismissal of the CHINS case.
Toner and Connor: Successful mediations: The practitioner’s perspective
| Kevin Toner and Colin Connor
In this article, we share some practitioners’ ideas about what mediators can do to help the parties succeed more often.