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.
Court opinions
Articles
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.
Reversal: Pre-trial home detainees entitled to credit time
A man previously denied earned credit time against his sentence received good news Friday when an appellate court reversed, finding he was wrongly denied his request. The court held pre-trial home detainees entitled to accrued time credit.
‘Vigilante’ who killed 2 trying to ‘clean up drug problem’ loses appeal
A man who murdered two people in a victim’s home after telling police he wanted to help “clean up the drug problem” in a southern Indiana county got no relief from his convictions or 121-year prison sentence on appeal Friday.
Divided 7th Circuit lifts injunction against Indiana fetal-tissue research ban
An Indianapolis judge’s ruling that blocked an Indiana law effectively banning stem cell research derived from aborted fetal tissue was reversed by a divided 7th Circuit Court of Appeals panel Thursday. The 2-1 decision is a defeat for Indiana University researchers challenging the ban, and a dissenting judge questioned the state’s motivation and intent behind a law he said threatens IU research into potential treatments for Alzheimer’s disease and other disorders.
Bank’s arbitration award reversed for abuse of discretion
A small claims court’s confirmation of an arbitration award to a bank after its ‘dilatory conduct’ was reversed Thursday by the Indiana Court of Appeals, which found an abuse of discretion occurred in granting the bank relief several years after the case should have been dismissed with prejudice.
Reversal: Trial court erred in rescinding settlement
The Indiana Court of Appeals reversed a trial court’s rescission of an order it gave enforcing a settlement agreement in a negligence suit. The appellate panel found the order contradicted itself.
Judgment awarded to Southport, police officials in legal feud with city councilwoman
The curtains have closed, at least for now, on a longstanding political battle between Southport law enforcement, a city council member and her ex-boyfriend now that a district court has awarded judgment in favor of the city, its police chief and a former detective on their motions for summary judgment on the council members remaining claims.
Appeals court allows class action against Mishawaka car dealer to continue
A Mishawaka car dealership failed to convince the Indiana Court of Appeals that it was wrongly denied its motion to dismiss a class action complaint from several angry customers after the panel found general allegations of uncured and incurable acts against the dealership were enough for dismissal.
Ex-husband’s due process rights not violated by invasion of privacy statute
A man who argued his constitutional right to have an intimate relationship with his ex-wife had been violated was denied an appeal of his invasion of privacy conviction when the Indiana Court of Appeals found the privacy statute did not directly interfere with his fundamental rights.
COA upholds TPR ruling after parents’ continued substance abuse
Parents arguing the termination of their parental rights was not in the best interest of their minor child lost their argument when the Indiana Court of Appeals found their ongoing substance abuse issues had not improved over time.