Fired worker still entitled to temporary disability benefits
A worker who was injured on the job and was later fired for cause is still entitled to disability benefits, despite his misconduct, the Indiana Court of Appeals has ruled.
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No constitutional violations at man’s drug trial, COA rules
A Warrick County man who claimed multiple constitutional violations prejudiced him at his trial for drug crimes failed to prove those violations, the Indiana Court of Appeals decided Thursday.
COA sends property zoning dispute back to local BZA
A property zoning dispute has been remanded to the Jeffersonville Board of Zoning Appeals after the Indiana Court of Appeals found Thursday that BZA members did not enter proper findings of fact when handing down an adverse decision.
COA affirms attempted murder conviction
The Indiana Court of Appeals has affirmed a man’s attempted murder conviction after finding that the court was not required to give the jury a specific instruction on unanimity.
Supreme Court suspends attorney for mismanaging funds
An Indianapolis attorney accused of mismanaging trust funds for both himself and other attorneys and clients has been suspended from the practice of law in Indiana for 180 days.
Notre Dame law students slated to argue before military appellate court
Two Notre Dame Law School students will get the opportunity to argue before an international appellate court when the U.S. Court of Appeals for the Armed Forces hosts oral arguments at the school next week.
Muncie area courts getting 1st courthouse dog named Frankie
The first courthouse dog is ready to go to work this week at Muncie's Delaware County courts.
Committee advances bill to close cold beer sales loophole
A legal loophole used by an Indiana convenience store chain to sell cold beer would be snapped shut under a proposal that was advanced Wednesday by an Indiana Senate committee.
Indiana House panel amends overhaul of troubled vaping law
An Indiana House panel has amended legislation targeting the state's problematic vaping law to reintroduce certain regulations.
7th Circuit affirms dismissal of foreclosure fraud case
An Indiana man’s various federal claims against his former mortgage holders cannot proceed because federal district courts do not have jurisdiction to vacate state court decisions, the 7th Circuit Court of Appeals ruled Wednesday.
Domestic violence victim gun bill steered to study
A controversial bill that would have allowed victims of domestic violence to legally carry a gun without a permit was steered to a summer study committee Wednesday following testimony from victims and advocates on both sides of the issue.
Opinions March 29, 2017
7th Circuit Court of Appeals
Eric Mains v. Citibank, N.A., et al.
16-1985
Appeal from U.S. District Court for the Southern District of Indiana, New Albany Division. Judge Sarah Evans Barker.
Civil. Affirms dismissal of Eric Mains’ litigation challenging the impending foreclosure of his home. The state courts had resolved the claims he brought in the federal suit, so the district court properly dismissed the case. Modifies the judgment to show that most of his federal and state law claims are dismissed without prejudice and the remainder are dismissed with prejudice.
Man faces withheld evidence again in lawsuit against Indiana
A man whose 1995 conviction was vacated after serving nearly 16 years in prison is facing evidence issues in a lawsuit he filed against the state of Indiana that were similar to those in his case.
COA: Allowing removal of prosthetic eye not an abuse of discretion
A trial court’s decision to allow a woman to remove her prosthetic eye in the presence of the jury in a battery case was not an abuse of discretion because the relevancy of the demonstration was not outweighed by possible prejudice against the defendant, the Indiana Court of Appeals held Wednesday.
COA affirms drug conviction, sentence
The Indiana Court of Appeals has affirmed a southern Indiana man’s drug conviction and sentence after finding that the admission of certain evidence did not violate the man’s constitutional rights.
Indy judicial selection bill revised: Bar groups out, vote in
Indianapolis voters would elect four of 14 members of a proposed committee to nominate Marion Superior Court judges under a revised bill that eliminates bar group representation on the panel and continues to draw opposition from African-American lawmakers and community members.
Delinquency findings upheld against student who threatened to bomb school
The Marion Superior Court did not abuse its discretion when it admitted incriminating statements from a 13-year-old who threatened to bomb his school, the Indiana Court of Appeals has found, because the in-school interrogation of the student did not trigger a Miranda warning.
‘Ban the box’ Senate bill passes House
As the Indiana General Assembly moves closer to the end of the 2017 long session, state legislators are beginning to hold their final votes on various bills, including legislation on “ban the box” provisions.
Indy attorney publicly reprimanded after immigration case
An Indianapolis attorney accused of encouraging a client to falsify federal immigration documents has been publicly reprimanded by the Indiana Supreme Court.
Civil filing fee extension going to governor
The bill extending the $1 surcharge on civil legal filings is headed to the governor’s desk.