7th Circuit: Officer not entitled to qualified immunity
The 7th Circuit Court of Appeals affirmed a police officer who released a dog during an arrest to find a suspect is not entitled to qualified immunity.
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Judges say order for DCS interviews with children should not have happened
The Indiana Department of Child Services for Crawford County should not have been granted the opportunity to interview two children, the Indiana Court of Appeals ruled, because the order doing so violates their mother’s right to raise her family without undue interference by the state.
Recorded conversation, conviction are admissible evidence, COA holds
An audiotape of phone conversations between a suspect and the victim’s mother while he was in jail and a testimony from the victim’s mother that she was convicted of assisting a criminal were admissible evidence in a child abuse case, the Indiana Court of Appeals ruled.
COA upholds denial of post-conviction relief petition
The Indiana Court of Appeals upheld the denial of a man’s post-conviction relief petition after it found any ineffectiveness of counsel the man received did not affect the outcome of his case in his decision to plead guilty to Class A felony neglect of a dependent.
COA: Stop violated 4th Amendment
A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.
Court orders more proceedings on waiver moves
The 7th Circuit Court of Appeals reversed summary judgment for state defendants in a lawsuit brought by Medicaid patients who claimed their move to a new waiver with a cap on expenses violates the Americans with Disabilities Act. The court said the way the patients spent their expenses constitutes an issue of material fact, and they may have been able to receive more services had they spent their money differently.
COA: Child’s name can be changed
A father can change the last name of a child to his despite the protests of the mother, the Indiana Court of Appeals ruled Wednesday.
COA upholds charges in robbery, assault case
The Indiana Court of Appeals upheld a man’s robbery, intimidation, rape, sexual assault and other convictions stemming from an October 2013 break-in after it found his convictions did not violate the single larceny and continuous crime doctrines.
Company must sign collective bargaining agreement
The 7th Circuit Court of Appeals enforced a decision from the National Labor Relations Board that Merrillville's Polycon Industries must abide by a collective bargaining agreement it made with a Teamsters union after it had agreed to the terms.
COA: Defense lawyer’s ‘questionable’ conduct not reversible error
A defense attorney who provided evidence to the state of her client’s involvement in a separate case where he was one of six people charged with brutalizing and sexually assaulting members of an Indianapolis family in their home did not commit reversible error, the Indiana Court of Appeals ruled Friday.
Split COA reinstates suit of pedestrian hit by deputy’s vehicle
A man who was walking on the wrong side of the road in dark clothes at night and was struck by a Marion County deputy driving a jail transport vehicle may pursue his negligence claim, a divided Indiana Court of Appeals panel ruled Friday, reversing the trial court.
Appeals court reverses its decision on partition fences
A divided Indiana Court of Appeals overturned an earlier decision Thursday, finding residents that border a property where a man wants to build fences to keep his cattle in must help fund the fences because they are partition fences and fall under Indiana Code 32-26-9.
Split 7th Circuit affirms child abuse, firearms convictions
The 7th Circuit Court of Appeals upheld a man’s child abuse and firearms convictions in a split decision. The court was divided over the admittance of the man's refusal to take a polygraph test into evidence.
COA: Sentence appropriate for officer involved in deadly accident
The Indiana Court of Appeals upheld a police officer’s sentence for reckless homicide and criminal recklessness inflicting serious bodily injury after he crashed into a car while under the influence of hydrocodone and Xanax. The crash killed a man in the other car and severely injured his wife, who was nine months pregnant. Rebecca Sperry […]
Couple must pay taxes on home even if it wasn’t completed
The Indiana Tax Court upheld a decision Wednesday from the Indiana Board of Tax Review which said a couple must pay taxes on their residence whether or not it was completed.
Attorney must pay parking ticket, nothing more, court holds
The Indiana Court of Appeals ruled that an attorney who was given a $20 parking ticket that ended up costing him $150 in late fees only needs to pay his ticket. The attorney sought $2,500 in damages and fees over the incident.
Appellate court affirms denial of man’s insanity defense
The Indiana Court of Appeals affirmed Wednesday the denial of a man’s insanity defense after he was found guilty of two counts of attempted murder.
COA affirms murder weapon should be destroyed
The Indiana Court of Appeals affirmed denial of man’s request to give the weapon he used for murder back to his mother.
COA: Firm entitled to investigatory expenses
A firm who represented an indigent man’s murder case pro bono is entitled to the costs of the investigation of his defense, the Court of Appeals ruled, even though the man pleaded guilty.
Undocumented immigrant issues left unanswered
A recent Indiana Court of Appeals decision didn’t provide the guidance one attorney had hoped from the court regarding injured undocumented workers. But the judges did decide that the worker’s immigration status is important in his lawsuit.