Court orders new arson trial
The Indiana Court of Appeals ordered a new trial for a man convicted of arson because the trial court erred in letting the state amend the charging information after it had read the original charges to the jury.
Court opinions
Articles
COA turns to dictionary in contract dispute
Citing Black’s Law Dictionary’s definitions of “solicit” and “induce,” the Indiana Court of Appeals has affirmed a trial court’s finding that a software company did not violate terms of its contract with another business.
Lawmakers discuss scope of police entry case
A Bedford lawyer-legislator says a recent Indiana Supreme Court decision on resisting police entry has resulted in more feedback from attorneys and residents statewide than he’s experienced since the daylight saving time debate.
Justices split on recovery of attorney fees under Adult Wrongful Death Statute
The Indiana Supreme Court issued three opinions June 29 dealing with what fees are recoverable under the Adult Wrongful Death Statute, holding that attorney fees, litigation expenses, and loss of services can be recovered. Chief Justice Randall T. Shepard and Justice Robert Rucker dissented in each decision, believing that those fees aren’t allowed under the statute.
High court divided on revising molester’s sentence
Two justices dissented from their colleague’s decision to reduce a child molester’s sentence more than 50 years, believing the opinion “blurs the guidance” given in a 2008 opinion regarding sentence reviews.
Justices: Child placement statutes are constitutional
In a much-anticipated ruling, the Indiana Supreme Court has ruled three statutes relating to juvenile judges’ authority on out-of-state placement cases are constitutional and that the Department of Child Services has statutory power to consider costs when considering those placements.
High court divided on public intoxication charge
In deciding that a woman’s public intoxication conviction should stand, four Indiana Supreme Court justices declined to reverse her conviction on public policy grounds and found the conviction didn’t violate any constitutional right.
Court: Man may be classified as sexually violent predator
The Indiana Supreme Court ruled 4-1 that classifying a man as a sexually violent predator due to an amendment to the Sex Offender Registration Act doesn’t violate Indiana’s prohibition of ex post facto laws or the doctrine of separation of powers.
Justices reduce molester’s sentence to 110 years
The Indiana Supreme Court found that an enhanced sentence for a man convicted of nine counts of molesting his girlfriend’s young daughter is warranted, but reduced the man’s 324-year sentence to 110 years.
Court of Appeals dismisses termination-order appeal
Because the parents of six children who were removed from their home did not timely initiate the appeal of termination of their parental rights, the Indiana Court of Appeals dismissed their appeal.
High Court accepts 7 transfers
The Indiana Supreme Court has taken seven cases on transfer, including a case in which the lower appellate court was split on a construction manager’s duty to an injured worker.
Judge: Man did not knowingly waive right to counsel
An Indiana Court of Appeals judge raised six points in a dissent Monday as to why he disagreed with his colleagues’ decision to affirm the revocation of a man’s probation based on the conclusion that the defendant knowingly, intelligently, and voluntarily waived his right to counsel.
Appellate court divided over trust liability
The Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory damages and attorney fees.
Judges halt enforcement of challenged laws
Two federal judges issued preliminary injunctions June 24 preventing parts of two new controversial laws regarding immigration and funding of Planned Parenthood of Indiana from being enforced.
Women accused of operating ‘puppy mill’ file lawsuit
The mother and daughter who were accused of running a “puppy mill” and had animals removed from their homes as a result of tax law violations are now suing the Indiana attorney general and others involved in the removal of the dogs.
COA: filing of commitment report is a procedural requirement
In a case of first impression, the Indiana Court of Appeals had to decide whether the timely filing of a doctor’s report in an involuntary commitment is a jurisdictional prerequisite or a procedural requirement.
Justices rule on cases using 3-step test seeking records
The Indiana Supreme Court tackled the issue of requests for production of information to private third parties in two opinions Thursday – one dealing with records sought that fall under the victim-advocate privilege and the other dealing with unprotected information.
Justices discuss jury unanimity in molestation cases
The Indiana Supreme Court addressed the issue of unanimous jury verdicts in child molesting cases Thursday, and adopted reasoning from the California Supreme Court when dealing with the “either/or” rule in cases where multiple instances are mentioned but the defendant faces only one charge.
Group can’t challenge high school closure
The Indiana Court of Appeals affirmed the dismissal of a parent and taxpayer group’s legal challenge to the closing of a Fort Wayne school, finding the decision doesn’t violate the state constitution.
7th Circuit sends Corcoran case back to trial court
Following a remand from the United States Supreme Court in late 2010, the 7th Circuit Court of Appeals admitted it made mistakes in its recent decision involving a convicted murderer’s appeal and sent the case to the District Court to address habeas relief claims.