Justices rule on legal malpractice procedural issue
An Indiana Supreme Court decision allows an Indianapolis attorney and a local law firm to raise a statute of limitations on
legal malpractice claims against them.
Court opinions
Articles
7th Circuit affirms judgment in mining case
In a case involving a “richly ambiguous” 1903 deed and a mining company’s claims to “all the coals,”
the 7th Circuit Court of Appeals affirmed a District Court’s judgment for defendant landowners.
Sex offender may file to take name off registry
The Indiana Court of Appeals determined a convicted sex offender may petition to remove his name from the registry, but he
filed his petition in the wrong court.
Opinion rules on 2 issues of first impression
The Indiana Court of Appeals was faced with two issues of first impression in one opinion – the meaning of Indiana Code
Section 27-9-3-34(d) and whether a party is entitled to a jury trial for disputes concerning claims in liquidation proceedings.
Majority upholds violent sexual predator finding
An Indiana Court of Appeals panel disagreed as to whether the failure of a defendant’s counsel to press for the statutory
requirement for a hearing on a sexually violent predator finding was a procedural default that waived the appellate court’s
consideration of the issue.
Justices approve ‘double enhancement’
The Indiana Supreme Court affirmed the use of the same prior conviction to both elevate a defendant’s charge to a felony
and find him a habitual substance offender because of explicit legislative direction on the enhancements.
Justices differ on reasonableness of GAL fees
If two parties in a domestic relations dispute sign a written contract to retain the services of a guardian ad litem, then
the trial court must enforce the terms of the agreement unless it is contrary to public policy, the Indiana Supreme Court
ruled Friday.
7th Circuit grants writ of habeas corpus
The 7th Circuit Court of Appeals reversed the denial of a habeas corpus petition, finding the Indiana Court of Appeals unreasonably
applied federal law when it determined prior statements of identification by witnesses the government suppressed didn’t
create a reasonable probability of a different result at trial.
Judges affirm juvenile placement in DOC
The Indiana Court of Appeals was sympathetic to a teen’s request to not be placed in the Department of Correction, but
it noted that all other remedies for his rehabilitation had been exhausted in his home county.
Justices rule on sentence modification
A conviction of a Class D felony that is later reduced to a Class A misdemeanor doesn’t prevent a trial court from
modifying a sentence below the statutory minimum, the Indiana Supreme Court ruled today in a matter of first impression.
COA: Judge should have recused himself
The Indiana Court of Appeals agreed with a defendant that he received ineffective assistance of trial counsel because his
attorney should have filed a motion for change of judge. The sentencing judge had worked as a prosecutor in the early stages
of the defendant’s case 10 years earlier.
Judges reverse, reinstate sex-offender conviction
The Indiana Court of Appeals reversed a man’s conviction of failing to register as a sex offender based on a lack of
evidence showing the man had a connection to Indiana 90 days after his last registration. The appellate court did reinstate
a vacated conviction for failing to notify law enforcement of his move within 72 hours.
High court addresses provision for 1st time
The Indiana Supreme Court affirmed the denial of summary judgment for an insurance company, finding the exclusion in the policy
for injuries covered by workers’ compensation doesn’t apply.
Pro se defendant must be advised of rights
The requirement to advise a defendant of the dangers of self-representation and the benefit of counsel applies equally regardless
of whether a pro se defendant is choosing to plead guilty or go to trial, the Indiana Court of Appeals decided today.
Security concerns should be part of record
The Indiana Supreme Court wants state trial judges to offer written guidance if and when courthouse or jury security concerns
come up during trial.
Court rules on sex offender status decisions
Tackling the issue of who determines whether a convicted sex offender is considered a “sexually violent predator,”
the Indiana Court of Appeals today issued the latest ruling in a line of cases about the state’s sex offender registry
and how convicts’ names are removed.
Judges rule on child molesting statute of limitations
Addressing an issue that’s been litigated back and forth on appeal for more than 20 years, the Indiana Court of Appeals decided today that a statute of limitations on felony child molesting begins running once the actions stop and the victim is no longer being prevented from telling authorities.
Justices rule on East Chicago casino-revenue case
The Indiana Supreme Court has dodged a question about whether state lawmakers should be able to cram multiple unrelated issues into a single piece of legislation, leaving in place what some call the practice of “legislative logrolling” that hasn’t been specifically shot down in almost four decades.
7th Circuit rules against Indianapolis attorney
An Indianapolis attorney has lost a federal appeal that involves his being forced to resign as manager of the title insurance
division after writing a memo that criticized his boss.
7th Circuit to rehear Second Amendment case
Advocates of domestic-violence victims and gun owners have their sights set on an upcoming oral argument at the 7th Circuit
Court of Appeals in Chicago. The case of interest raises the issue of whether someone who has been convicted of a domestic-violence
misdemeanor should be able to have a gun for hunting purposes.