Appellate courts address estate tax, trust division regarding adoptions
As adoptions have become more common and more accepted for expanding the family tree, courts have had to address some legal matters clarifying those familial ties.
Court opinions
Articles
7th Circuit upholds Indiana’s judicial canons
At a time when the legal community is caught up in controversies about how judges are selected and whether they can remain
impartial, the 7th Circuit Court of Appeals has weighed in on that national debate and ruled that states have the authority
to self-regulate on those issues as it relates to judicial canons.
Judges rule man’s right to speedy trial was violated
The state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court
of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure
the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.
Child must show she is born out of wedlock to inherit
Ruling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section
29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.
7th Circuit reverses lower court on stun-belt issue
The 7th Circuit Court of Appeals reversed a District judge’s decision that a man convicted of murder received ineffective
assistance of counsel during his trial because his attorney didn’t object to the state making him wear a stun belt in
court.
7th Circuit affirms sentences for bank robbing couple
The 7th Circuit Court of Appeals upheld the convictions and sentences of a boyfriend and girlfriend on bank robbery convictions,
finding the boyfriend waived his appeal of his sentence and the jury instructions were correct in the girlfriend’s trial.
Look-alike offense counts as controlled-substance offense in sentencing
A previous conviction for a “look-alike” offense constitutes a controlled-substance offense for sentencing purposes,
the 7th Circuit Court of Appeals ruled for the first time Tuesday.
Court rules on first impression FLSA issue
In denying summary judgment for either party in a dispute involving the Fair Labor Standards Act, the U.S. District judge
noted the issue appears to be one of first impression in the 7th Circuit.
COA upholds denial of motion to suppress
The Indiana Court of Appeals rejected a man’s argument that the state’s courts should recognize a privacy interest
in the subscriber information of an Internet service provider.
Court OKs class certification in Conseco securities-fraud case
In a securities-fraud case involving the Carmel-based financial and life insurance services company Conseco, a 7th Circuit Court of Appeals panel has refused to significantly alter the class certification rules and throw out the long-established fraud-on-the-market doctrine.
COA addresses inverse condemnation issues
Inverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding
fraudulent concealment and the statute of limitations.
COA: attorney’s statement binding
The Indiana Court of Appeals affirmed partial summary judgment for Noble Roman’s Inc. in-store franchisees’ claim
for constructive fraud because the franchisees’ then-attorney admitted that they were only pleading actual fraud against
the company and that admission is binding.
Federal identity theft statute includes use of deceased’s identity
A person can be convicted of aggravated identity theft under 18 U.S.C. Section 1028A for using the identity of a person who
is dead or alive, the 7th Circuit Court of Appeals ruled in an issue of first impression.
Court upholds judgment in legal malpractice suit
The Indiana Court of Appeals affirmed summary judgment in favor of an attorney and law firm in a legal malpractice suit, although
the judges didn’t agree on the professional obligations of the firm based on its contract.
COA addresses equine statute for first time
Ruling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute
barred a woman’s claim for injuries during a horse competition.
Admittance of psychologist’s testimony requires new trial
The Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court
shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.
Judges split in adopted trust-beneficiaries matter
In an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana
Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.
No qualified immunity for officer in diabetic man’s claim
The 7th Circuit Court of Appeals affirmed denial of summary judgment in favor of a police officer in a diabetic man’s
claims that the officer used excessive force and injured him while removing him from a car after a diabetic episode.
Majority affirms default judgment against Sears
The Indiana Court of Appeals split today as to whether a department store was entitled to have a default judgment set aside.
7th Circuit affirms Lake County official’s sentence
The 7th Circuit Court of Appeals has upheld Robert Cantrell’s 78-month sentence for various convictions, including using
his position in public office for kickbacks.