Checkpoint doesn’t violate separation of powers
The use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the
Indiana Court of Appeals ruled today.
Court opinions
Articles
COA: negligence claim should go to trial
The Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence
following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.
Justices: statements fall within qualified privilege
The Indiana Supreme Court affirmed summary judgment in favor of a company and its employee in a defamation suit because qualified
privilege precludes the defamation action.
SCOTUS rules on Indiana steel plant case
The Supreme Court of the United States has ruled on a case about a northern Indiana steel processing plant, overturning the
7th Circuit Court of Appeals and effectively limiting how a federal labor-relations board is able to conduct business regarding
employee and union rights.
COA upholds stop of teen with gun
The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his
waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded
the juvenile court’s comments to the teen’s father don’t require a remand.
Gaming agents have full police power
A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense
of resisting law enforcement, the Indiana Court of Appeals decided today.
Tax court orders USUT refund
The Indiana Department of State Revenue erred in concluding that a natural gas-fired power plant in Terre Haute was subject
to the Utility Services Use Tax, ruled the Indiana Tax Court Wednesday.
Supreme Court denies transfer to four
The Indiana Supreme Court denied transfer in four cases June 3. As of today’s Indiana Lawyer daily deadline,
the court had not yet posted transfers since those from the week ending June 4.
COA refuses to rule defendants get blanket immunity
The Indiana Court of Appeals affirmed that an arrestee brought to the hospital by police who was forced to have a catheter
to obtain a urine sample can’t sue the health-care providers under the Medical Malpractice Act. The appellate judges
also ruled the health-care providers weren’t entitled to blanket immunity.
Judges: no private cause allowed for not reporting abuse, neglect
Standing behind a decision made by appellate judges about 20 years ago, the Indiana Court of Appeals has again declined to
interpret state statute in a way that allows for a private right of action for failing to report child abuse or neglect.
Judges uphold sentence increase on appeal
The Indiana Court of Appeals affirmed the defendant’s sentence that they had increased on appeal in March in an opinion
on rehearing today and addressed the characteristics of an Indiana Appellate Rule 7(B) review.
Man’s suit filed after all statutes of limitations
The Indiana Court of Appeals agreed a Logansport resident has standing to sue his city over the operation and management of
a city park, but that his suit is barred by statutes of limitations.
Officer’s questions went beyond seat belt act
The inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge"
in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.
Justices order new trial based on traffic judge’s conduct
The Indiana Supreme Court has set the stage for a judicial disciplinary action against a Marion County Traffic Court judge
for his courtroom conduct on a speeding and suspended license case last year.
Justices differ on defining ‘youth program center’
Two Indiana Supreme Court justices objected to affirming a man’s drug sentence for possession within 1,000 feet of a
“youth program center” because the church that ran the programs wasn’t easily identifiable as regularly
running programs for kids.
7th Circuit upholds denial of alien’s motion to dismiss
The 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an
alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s
motion to dismiss because he failed to meet any of the law’s exhaustion requirements.
Articles about pending cases raise concerns
At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.
Counties must pay for juvenile facilities
Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.
SCOTUS reverses 7th Circuit on sex offender registration
The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal
sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.
Court sets drug-court termination requirements
An Indiana Court of Appeals ruling today sets requirements for drug court terminations after a man’s participation was
terminated without minimum due process.