Articles

High court overturns confidentiality order

The Indiana Supreme Court today overturned a Marion Superior Court's approval of a "Confidentiality Stipulation and Order," clearing the way for hundreds of documents to be opened and available for public inspection.

Read More

COA upholds Plainfield parks ban

The Indiana Constitution doesn't ensure a person's right to enter a public park, and that means a local law restricting sex offenders from visiting those areas isn't unconstitutional, the Indiana Court of Appeals ruled today.

Read More

Court tackles 2 first-impression issues

The Indiana Supreme Court ruled on a case today in which there were two issues of first impression, finding consolidation of a trial with a preliminary injunction hearing without notice isn't a reversible error unless a showing of prejudice can be made.

Read More

Commission OK to rule on territory dispute

The Indiana Court of Appeals affirmed an order by the Indiana Utility Regulatory Commission, finding the commission had the authority to hear a dispute between a town and a water company.

Read More

COA: Collateral estoppel not applicable

The Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove collateral estoppel precluded the trial court from denying his motion.

Read More

Statute must be followed in all CHINS cases

The Indiana Court of Appeals today affirmed the involuntary termination of parental rights of a mother and father, but cautioned the Marion County Department of Child Services to continue to follow the statutory procedures in child in need of services cases and termination cases even if a court determines reunification efforts aren't required.

Read More

COA voids Terre Haute’s 2007 mayoral election

The man elected Terre Haute's mayor was ineligible because of federal law to become a candidate or assume office, the Indiana Court of Appeals ruled today on an issue of first impression. As a result, a special election is needed to fill the vacancy.

Read More

7th Circuit upholds jury award reduction

The 7th Circuit Court of Appeals affirmed a District Court’s grant of a motion for judgment as a matter of law on a breach of contract claim, finding a previously granted jury award of damages was based on speculation.

Read More

COA opts for judicial restraint

The Indiana Court of Appeals has opted for judicial restraint in not deciding whether state statutes involving the Commerce Clause and the use of clean coal technology are unconstitutional.

Read More

Man can’t collaterally attack sentence again

The 7th Circuit Court of Appeals has again denied a man's attempt to have his drug conviction overturned or sentence reduced because he had used the one 28 U.S.C. Section 2255 motion he was allowed and he can't challenge his sentence again under the same section.

Read More

COA: Mortgage lien holder has priority

The Indiana Court of Appeals determined today that two contractors with mechanic's liens did not have priority over the mortgage lien held by the bank in a foreclosure action, discussing a law in a ruling for only the second time since it was enacted in 1999.

Read More

Parties can’t pick certain provisions to enforce

The Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.

Read More

COA affirms joint legal custody

The Indiana Court of Appeals upheld a dissolution court's decision to grant joint legal custody of two minor children to the parents, finding the lower court followed Indiana statute in granting the custody.

Read More

Justices disagree about jury instruction

The Indiana Supreme Court was split in its ruling that a trial court properly instructed a jury regarding a habitual offender finding, with the dissenters arguing the court's instruction was inadequate as compared to the defendant's proposed jury instruction.

Read More

COA affirms sexually violent predator findings

The Indiana Court of Appeals affirmed the finding that two defendants are sexually violent predators, ruling the state had produced sufficient evidence to support the determinations under the versions of the sexually violent predator statute used by the trial courts in each case.

Read More