SCOTUS: Alaska moose-hunter can ‘rev up’ hovercraft
The National Park Service improperly banned an Alaska moose hunter from using a hovercraft on a river through a national preserve, the U.S. Supreme Court ruled Tuesday in a unanimous decision.
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Supreme Court tosses $315M award in USS Cole lawsuit
The Supreme Court on Tuesday threw out a nearly $315 million judgment against Sudan stemming from the USS Cole bombing, saying Sudan hadn’t properly been notified of the lawsuit.
7th Circuit finds leadership enhancement harmless error
An Indianapolis furniture salesman who used his business as a front for selling cocaine and heroin persuaded the 7th Circuit Court of Appeals to buy his argument that he did not have a leadership role in the drug operation, but his 30-year sentence was still affirmed.
On rehearing, COA reaffirms dismissal of promissory note default litigation
The Indiana Court of Appeals has reaffirmed the dismissal of a complaint brought for missed payments on a promissory note, granting rehearing for the limited purpose of addressing the issue of waiver.
Unauthenticated cell records lead to reversal of robbery-related conviction
The state must now decide whether to retry a woman previously convicted of aiding a robbery after the Indiana Court of Appeals reversed her conviction, finding the state failed to properly authenticate cellphone records it said tied the woman to the crime.
Appellate court reduces theft restitution by more than $62K
A man who stole nearly $100,000 from his Ripley County employer will only have to pay about $36,000 in restitution after the Indiana Court of Appeals determined the trial court erred in ordering the man to pay back the full amount. But the court also upheld the man’s 15-year theft sentence, finding it was not inappropriate.
Aggravators can’t include nonadjudicated juvenile actions, COA says
In granting a petition for rehearing Thursday, the Indiana Court of Appeals explicitly came down against using juveniles' nonadjudicated contacts with the criminal justice system as an aggravating factor in future sentencing. However, in light of other evidence of the petitioner’s criminal history, the court reaffirmed its prior decision to uphold a man’s sentence.
COA splits on definition of ‘squeezed’ in burglary case
A man’s assertion that he “squeezed through” an open door without the homeowner’s permission has left an appellate panel divided over whether the man properly pleaded guilty to burglary, resulting in a split conclusion that he still used unauthorized force to gain entry.
Indiana abortion petition making eighth SCOTUS appearance, might be inspiring ‘screed’
Indiana’s petition for a review of its abortion law has been relisted for an eighth conference at the U.S. Supreme Court, raising suspicions that the case will not be accepted but could bring a fiery dissent.
Supreme Court rules against immigrants in detention case
A divided Supreme Court ruled Tuesday against a group of immigrants in a case about the government’s power to detain them after they’ve committed crimes but finished their sentences.
Web Exclusive: Litigation continues over PACER fees
A group of retired federal judges has learned life after the bench comes with PACER fees, and they are lending their voice to those questioning fees for public access to online federal court records.
Man’s murder conviction upheld in tax preparer slaying
Finding his crime “serious and disturbing,” the Indiana Court of Appeals on Tuesday affirmed the 71-year sentence and robbery conviction in the death of an Indianapolis tax preparer who kept cash in a safe beneath his desk at his west side Indianapolis office.
COA: Would-be land purchaser from New Jersey entitled to attorney fees
A Porter County land-deal-gone-bad has reappeared before the Indiana Court of Appeals for a second time, with the appellate panel finding the would-be purchaser is entitled to attorney fees because he did not repudiate the sales contract.
Teenager hit by train gets no relief in appeal to 7th Circuit
A 17-year-old who was found to be more than 50 percent at fault for the injuries he sustained from running in front of a moving train was unable to convince the 7th Circuit Court of Appeals that he had no warning the locomotive was coming down the tracks.
Probation officers entitled to earned PTO payout, panel rules
Holding that probation officers as court employees are entitled to cash payouts of unused paid time off at the time of their separation of employment, the Indiana Court of Appeals upheld a judgment in favor of a former Hendricks County probation officer.
Families not immune from vaccination debate
Arguments for and against vaccinations have grown in the national conversation as 12 states are currently battling an outbreak of measles. A recent Indiana trial court decision in a custody dispute demonstrated that disagreements over vaccinations also happen within families.
COA: Trial court not required to order interest on equalization payment
A woman arguing interest should accrue on marital asset payments from her former husband failed to sway an appellate panel, which concluded the trial court was not required to include interest when reducing an equalization payment to a judgment.
Law exempting Bloomington, W. Lafayette from rental fee cap struck down
Rental property owners in Bloomington and West Lafayette may be getting a reduction in their registration fees after the Indiana Supreme Court struck down the exemption that allowed the college towns to charge more to landlords than the $5 mandated in state statute.
Despite counsel’s error, defendant not entitled to relief, COA says
Despite a trial attorney’s failure to include a pretrial transcript in the record on a defendant’s direct appeal, the defendant is not entitled to post-conviction relief because the Indiana Court of Appeals would not have found prejudice in the attorney’s performance, the court ruled Friday in addressing the case for the second time.
COA credits defendant for time held prior to posting bond
The Indiana Court of Appeals reversed a trial court and gave a Tippecanoe County man one day of credit, finding the rule of lenity required it to interpret the ambiguous sentencing statute in the defendant’s favor.