Indiana attorney illegally practicing in Florida suspended for 18 months
An Indiana attorney who was illegally practicing law in Florida has been suspended in Indiana for 18 months without automatic reinstatement.
Court opinions
Articles
Divided COA says trial court must hold hearing on order to pay
A Floyd County trial court cannot order debtors to make monthly payments toward a mortgage, taxes and insurance premiums in a foreclosure case without first holding a hearing on the debtors’ ability to pay, a divided Indiana Court of Appeals held Tuesday.
7th Circuit rules student-athletes aren’t considered ‘employees’
Collegiate athletes cannot be considered university employees and, thus, are not eligible for minimum wage pay, the 7th Circuit Court of Appeals ruled Monday, affirming a district court decision that dismissed a lawsuit brought against the NCAA.
COA reverses handgun conviction because officer didn’t follow protocol
A police officer did not follow the proper protocol for conducting an inventory search of a detainee’s car, thus making the search impermissible under state and federal constitutions and prohibiting the admittance of any evidence obtained through the search.
7th Circuit affirms murder, racketeering convictions despite government error
Despite improper statements made by the government during closing arguments of a trial, the 7th Circuit Court of Appeals affirmed the defendant’s murder and racketeering convictions, writing that the statements constituted harmless error.
COA affirms dismissal of case due to res judicata
Res judicata prevents a title insurance company from taking a “second bite” at the apple, the Indiana Court of Appeals ruled Friday, in a case in which the company appealed dismissal of its second attempt to challenge an action by the Indiana Department of Insurance.
Lawyer’s use of word ‘Negro’ prejudiced client, but doesn’t get PCR
A defense attorney who has since been disbarred prejudiced his absent client when he referred to him as a “Negro” before potential jurors, a judge wrote, but the offending word wasn’t enough for the Court of Appeals to grant post-conviction relief.
Court affirms injunction preventing violations of non-compete clauses
After several employees from one civil engineering firm began soliciting employees from a competitor, the Indiana Court of Appeals held Wednesday that a trial court correctly issued a preliminary injunction to force the employees to comply with non-compete and non-solicitation clauses they had signed.
COA upholds summary judgment in workers’ comp case
Although he was hired to work on a specific project for a southern Indiana construction company, a worker who was injured on a construction job must seek damages through Indiana’s Worker’s Compensation Act because he was considered an “employee” of the company.
COA: Indiana trial court has no personal jurisdiction over New York resident
An Indiana trial court cannot assume personal jurisdiction over a woman who lives in New York and has no ties to the Hoosier state, despite the fact that she is being sued by Indiana litigants.
Judges: Parents, courts need guidance on discipline
The Indiana Court of Appeals upheld a man’s conviction for battery against his daughter on Wednesday but expressed concern over the lack of guidance courts are given when trying to determine when parental discipline goes too far.
Justices: warrantless search OK because of ‘objectively reasonable’ concerns
The Indiana Supreme Court affirmed a man’s drug conviction Tuesday, reiterating that if an officer encounters an emergency situation, then he or she may investigate further without a warrant.
Justices rule in favor of woman alleging ‘warrantless intrusion’ by officer
Although a police officer believed that a Hamilton County woman could have been injured after being stuck under her car, the facts surrounding the situation did not lend themselves to an emergency situation that could justify the “warrantless intrusion” of stopping the woman’s car after she drove away.
7th Circuit dismisses appeal based on waiver
The 7th Circuit Court of Appeals has dismissed a convicted murderer’s appeal arguing that the waiver of his right to appeal should be ignored because his sentence was outside statutory requirements, calling the man’s argument “undesirable” and “nonsensical.”
Man must continue to pay child support for son he claimed was his, court holds
A divided Court of Appeals panel has affirmed an order requiring a non-biological father to pay child support for his wife’s child, finding that because the man supported the child throughout his life, he is legally estopped from challenging the child support order.
Errors lead to reversal of veteran’s involuntary commitment
A trial court’s order mandating the involuntary commitment of a veteran has been vacated after the Indiana Court of Appeals found that the Department of Veterans Affairs failed to follow proper legal protocol in serving documents and did not prove that the veteran posed a risk to himself or others.
Lack of jurisdiction keeps cemetery case in court
A woman’s fight to bury her mother in a burial site that she had purchased but that was mistakenly resold will continue after the Indiana Court of Appeals found that a small claims court did not have jurisdiction to grant her injunctive relief.
‘Moorish national’ loses appeal of house-squatting conviction
A man who identifies as a "Moorish National" sovereign citizen immune from state and federal law had no luck persuading the Indiana Court of Appeals to overturn his convictions arising from his occupancy of an Indianapolis house that was being prepared for sale after foreclosure.
COA: Officers don’t have to relay specifics of their ‘reasonable suspicions’
Deciding that police officers do not have to relay the specific details of their reasons for being suspicious of a person before an officer stops and detains that person, the Indiana Court of Appeals has rejected a man’s argument that evidence of his possession of a handgun was improperly admitted.
Judges decline to consider mother’s actions in med-mal case
The Indiana Court of Appeals has rejected a doctor’s argument that a patient’s mother served as an intervening cause to the loss of the patient’s kidney and instead upheld the rule that a parent’s alleged contributory negligence may not be imputed to a child’s medical malpractice claim.