Justices order COA to consider man’s appeal
A man’s appeal of his aggravated battery convictions should proceed to the Indiana Court of Appeals even though the issue of restitution remains unresolved, the Indiana Supreme Court ruled Thursday.
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COA: Adoption petition should remain in Superior Court
The Lake Superior Court was not required under the county’s case allocation plan to transfer an adoption petition to juvenile court where termination of parental rights proceedings are pending involving the same children, the Indiana Court of Appeals ruled Wednesday.
Elected official loses appeal in voter registration removal
A Roseland Town Council member couldn’t convince the 7th Circuit Court of Appeals that a District judge was incorrect in dismissing his lawsuit filed after he was removed from the voter registration list while incarcerated.
Mental health statute limits state’s use of juvenile statements
Indiana’s Juvenile Mental Health Statute’s limited immunity prohibits both use and derivative use of a juvenile’s statements to prove delinquency, the Indiana Supreme Court ruled. The justices were able to come to the conclusion without addressing the question of the statute’s constitutionality.
7th Circuit rejects lawsuit on insurer’s use of in-house counsel
The 7th Circuit Court of Appeals Tuesday agreed that a woman’s lawsuit against State Farm Mutual Automobile Insurance Co. should be dismissed because state law creates no obligation for an insurer to provide advance notice to an insured that it uses in-house counsel to defend its policyholders.
Judges affirm sniff search in hotel did not violate guest’s constitutional rights
A trial court properly admitted contraband seized from a woman’s hotel room into evidence, the Indiana Court of Appeals ruled Wednesday. One judge on the panel departed from his colleagues’ need to discuss that the officers’ search was justified because they acted in good faith.
Miranda warning given during police interview makes confession admissible
A defendant’s confession made during a police interrogation is admissible because while officers questioned the defendant in what they called a “pre-interview,” they Mirandized him before he confessed.
Small-claims hearsay letter properly admitted
A dentist’s letter that said a man suing him had never complained about the service he received was not improperly admitted in a small-claims collections action, the Indiana Court of Appeals ruled.
Justices: Inmate will serve longer term for punching prison worker
A Department of Correction inmate serving a 17-year sentence was improperly given credit time that reduced his sentence for punching a prison worker in the face.
Medmal claim sent via FedEx before deadline was timely filed
A medical malpractice complaint was timely filed when an attorney delivered it to Federal Express a day before the statutory deadline, the Indiana Supreme Court ruled, reversing lower court orders and remanding the complaint to the trial court.
Information used to obtain search warrant splits Court of Appeals
Although the statements from three individuals were hearsay and initially led law enforcement to enter the wrong apartment, a split Indiana Court of Appeals found, collectively, the information supported probable cause.
Appeals court: Requests for modification don’t nullify foreclosure
The Indiana Court of Appeals affirmed summary judgment in favor of a mortgage servicer despite the property owners’ attempts at modifying the mortgage.
Divided Supreme Court reinstates parental termination order
The Indiana Court of Appeals impermissibly reversed termination of a father’s parental rights, a majority of the Indiana Supreme Court ruled Friday in reinstating a trial court order.
Highway supervisor’s termination not subject to judicial review
Because the decision by the Fayette County Board of Commissioners to not reappoint its county highway supervisor was a ministerial decision, the Indiana Supreme Court held it was not subject to judicial review.
Judges order more proceedings in property distribution after divorce
Citing inconsistencies and lack of information, the Indiana Court of Appeals ordered more proceedings to determine issues of spousal maintenance and distribution of the marital estate in a divorce case.
COA: Buyer complied with notice statutes for obtaining tax deed
Noting that the parties and trial court did not follow the established procedures to set aside a tax deed, the Indiana Court of Appeals held that the court erred in finding a buyer’s notices sent certified mail were statutorily deficient. The notices did not request return receipt.
Judges order woman resentenced for health care fraud
The 7th Circuit Court of Appeals found that a woman knowingly and voluntarily pleaded guilty to one count of health care fraud, but it sent her case back to the District Court for resentencing. The District judge violated the ex post facto clause by sentencing her under the wrong version of the sentencing guidelines.
ATF agent’s testimony supports gun conviction
The 7th Circuit Court of Appeals affirmed a man’s weapons conviction Tuesday, ruling that the expert testimony of an agent of the Bureau of Alcohol Tobacco Firearms and Explosives could be used to prove that a gun had crossed state lines.
COA affirms cures imposed for title insurance company’s statutory violations
The Indiana Court of Appeals found nothing wrong in the trial court’s decision to uphold the Indiana Department of Insurance’s order that found a title insurance company violated several statutes and outlined what the company must do to cure its violations.
Couple not entitled to attorney fees under Crime Victims Relief Act
The Indiana Court of Appeals has affirmed that a Lake County couple who won a fraudulent misrepresentation judgment against the previous owners of the couple’s home are not entitled to certain fees under the Indiana Crime Victims Relief Act.