COA affirms attorney fee order
The Indiana Court of Appeals upheld the decision by a trial court that in order for proceedings supplemental to be withdrawn without prejudice, the moving party must pay attorney fees as ordered by the lower court.
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Mediator appointed to Marion Superior Court
An Indianapolis mediator has been selected by Gov. Mike Pence to fill the vacancy in Marion Superior Court created when Judge Robert Altice Jr. was appointed to the Indiana Court of Appeals in July.
Investigation prompts reorganization at Marion County Jail
An internal investigation at the Marion County Jail has prompted the facility to discipline staff and demote its jail commander.
Judge hears lawsuit challenging Indiana ballot photos law
A federal judge seemed critical of a new Indiana law that prohibits voters from taking photos of their election ballots and sharing the images on social media during a hearing on a lawsuit challenging the law.
Opinions Oct. 14, 2015
Indiana Court of Appeals
Travis Allen v. State of Indiana
49A05-1410-CR-501
Criminal. Affirms convictions of Class A misdemeanors operating a vehicle while intoxicated and driving with a suspended license, and Class C felony driving without a license. The total days of delay charged to the state in bringing Allen to trial is 363 days, so Allen is not entitled to discharge under Criminal rule 4(C) and the trial court did not abuse its discretion when it denied his motion. Judge Barnes dissents.
COA modifies punitive damages award
The statutory cap on punitive damages should be based on the amount of compensatory damages awarded in the action in which the party seeks punitive damages, the Indiana Court of Appeals held, and not based on the total compensatory damages awarded in the action on all claims.
Court split over actual notice of defendant’s incarceration
Although “not a fan” of discharges pursuant to Criminal Rule 4(C), an Indiana Court of Appeals judge believes a defendant’s case needs re-examined by the trial court to see if he is entitled to discharge.
COA outlines approach to awarding attorney fees in estate challenges
In a case in which the trial court awarded a woman and her children more than $170,000 in attorney fees even though two of the three claims raised were without just cause or good faith, the Indiana Court of Appeals specified the approach judges should follow when a party seeks attorney fees pursuant to I.C. 29-1-10-14.
Jury: Apple infringed on Wisconsin university’s tech patent
A federal jury has found Apple Inc. infringed on a technology patent held by the foundation that protects the University of Wisconsin's intellectual property.
Boilerplate language can’t support warrant for blood draw
The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.
Confidence levels remain muted, partners say
If there’s optimism among law firm managing partners, it’s muted at best.
Ernst & Young confronts Madoff’s specter in trial over audits
Ernst & Young LLP took Bernie Madoff at his word when it signed off on audits of a fund that helped feed the biggest Ponzi scheme in U.S. history. The firm must now defend that decision at the first trial of an auditor over losses tied to Madoff, who’s serving a 150- year prison term for stealing billions of dollars from thousands of investors.
DOC recommends stretching $5 million to 41 counties
The Indiana Department of Correction, going against previous advice, has proposed spreading newly available state money around to several counties to help provide rehabilitation and treatment for the low-level offenders who will be coming to county jails.
Convicted sex offender seeks chance to take Ohio bar exam
A former Army officer who served time in prison after repeatedly trying to meet girls for sex wants to become a lawyer, a move opposed by the legal profession, according to a case that has reached the state's highest court.
Attorney: Fort Wayne clerk to resign weeks before election
An attorney for Fort Wayne's longtime city clerk says she will resign weeks before the general election because of health reasons.
SCOTUS hear arguments over life sentences for teenagers
People serving life terms for murders they committed as teenagers were looking to the Supreme Court of the United States Tuesday for signals about whether they will have a chance to seek their freedom.
Opinions Oct. 13, 2015
Indiana Court of Appeals
Scott A. Criswell v. State of Indiana
02A03-1501-CR-22
Criminal. Reverses denial of Criswell’s motion to suppress a statement given as part of an internal police investigation into his involvement in the break in and theft of items from a home. Remands with instructions to grant the motion to suppress the statement as well as any other evidence that was directly or indirectly derived from the statement.
Justices to review day care couple’s manslaughter convictions
The Indiana Supreme Court will decide whether a couple convicted of involuntary manslaughter after a child died in their home-based Fishers day care should get new trials.
Officer’s internal statement not allowed in criminal trial
The Indiana Court of Appeals agreed with a Fort Wayne police officer that a statement he gave as part of an internal affairs investigation into his role in a break-in of a foreclosed home should not be allowed at his criminal trial.
Dewey jury remains stuck over most counts against executives
A jury considering fraud charges against three former executives at Dewey & LeBoeuf LLP remains deadlocked on most counts in its 18th day of deliberations.