Felony conviction affirmed based on ‘into’ definition
A bullet that pierces a home’s siding is considered to be “into” the dwelling, the Indiana Court of Appeals decided Thursday in upholding a South Bend man’s criminal recklessness conviction.
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Tow company that seized, sold cars loses injunction appeal
An Indianapolis towing company whose owner worked with bankruptcy lawyers to take possession of cars when a buyer defaulted and then resell dozens of them lost its appeal of an injunction blocking the practice and ordering the cars be returned to the lienholder.
COA: Incest age defense can’t win post-conviction relief
A man convicted of incest for a consensual sexual relationship with his biological aunt couldn’t persuade the Indiana Court of Appeals that he was entitled to post-conviction relief. The man claimed ineffective assistance of counsel for failing to argue in his defense that the man’s aunt was older than 31.
Justices dismiss ESPN suit, find Notre Dame police not public agency
Notre Dame Police are not a public agency, the Indiana Supreme Court ruled Wednesday, turning back a lawsuit from ESPN that sought records of the university police’s interactions with student athletes. The ruling means Indiana’s Access to Public Records Act does not apply to university police at private institutions.
COA dismisses request to make trial court order final
The Indiana Court of Appeals has dismissed a mother’s request to characterize an order ending her parent-child relationship as a final order, writing that she still had to option of appealing the trial court’s decision through interlocutory appeal.
COA upholds murder conviction after rejecting involuntary manslaughter appeal
The Indiana Court of Appeals has upheld a man’s murder conviction after rejecting his claim that the jury should have been instructed on an involuntary manslaughter charge because he did not intend to kill his victim when he was beating her.
COA says golf cart use is par for the course during the game
A man’s negligence claim against a golf teammate who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior for participants in the sport.
Greenfield police officer loses suit over discipline for profane texts
A Greenfield police officer has lost his federal lawsuit filed against the city after he was suspended for allegedly sending profane text messages that insulted and threatened his superior officers.
ISP officer loses whistleblower appeal
State workers alleging retaliation for whistleblower activities must first exhaust all administrative remedies before suing, the Indiana Court of Appeals held Wednesday, affirming a trial court ruling against a 27-year Indiana State Police officer.
7th Circuit affirms jury verdict in injured railroad worker’s suit
A jury correctly ruled against an employee of the railroad company CSX Transportation Inc. who sued his employer after an on-the-job accident that resulted in severe back pain, citing evidence that proved the pain existed before the accident, the 7th Circuit Court of Appeals decided Thursday.
COA affirms woman’s involuntary commitment despite moot appeal
Although the term of her commitment in an Indiana mental health facility had already expired, the Indiana Court of Appeals chose Thursday to hear a woman’s moot appeal of her commitment and affirm it, writing that the case needed to be heard as a matter of great public importance.
COA will not allow specialized driving privileges for man with 27 traffic violations
An Indiana man now living in Mississippi whose Indiana driver’s license was suspended for life after more than two dozen traffic violations cannot receive special Indiana driving privileges that would enable him to obtain a license in Mississippi.
Homeowner can be liable for party injuries resulting in death, but not for furnishing alcohol
The Indiana Supreme Court held Wednesday that a woman whose party guest died at her home after a drunken brawl could be considered negligent because she did not seek care for the guest, but not on the basis of supplying alcohol to the men involved in the fight.
IN Supreme Court holds that bar shooting was not foreseeable
After deciding that foreseeability in the context of duty in a negligence case is different than in the context of proximate cause, the Indiana Supreme Court held Wednesday that a Grant County bar was not negligent in a shooting that injured three people because the shooting was not foreseeable.
Supreme Court upholds burglar’s sentence, rejects COA assessment of appellate argument
The Indiana Supreme Court affirmed Tuesday a burglar’s felony conviction and sentence, but also rejected a harsh Court of Appeals assessment of the his argument appealing his sentence.
7th Circuit upholds drug offender’s conviction, vacates life sentence
A man convicted of multiple drug offenses and sentenced to a life term in prison will soon receive a new sentence after the 7th Circuit Court of Appeals vacated it on Tuesday.
Indiana Supreme Court upholds decision granting convicted felon’s motion for relief
The Indiana Supreme Court will allow a convicted felon to bring his case for post-conviction relief back to court to be heard on the merits after finding that his motion for relief was filed in a timely manner, despite a seven-year delay.
Justices dismiss misconduct charge against White County deputy prosecutor
The Indiana Supreme Court has entered judgment in favor of a White County attorney after finding that the state Supreme Court Disciplinary Commission failed to prove that the attorney had violated a rule of professional conduct, resulting in a man’s erroneous convictions of child molestation.
Appeals court rules that DCS employee can proceed with caseload claims
An employee of the Department of Child Services can continue in her complaint that alleges violations of the state-mandated caseload maximums despite a ruling that the employee has no private right of action under Indiana Code.
COA reaffirms decision in church breach of contract case
The Indiana Court of Appeals granted a church’s petition to rehear its breach of contract case and reaffirmed its previous ruling that the church had failed to carry out the terms of the lease in question.