No summary judgment in mailbox case
The owners of a mailbox struck by a woman's car that left the road inexplicably aren't entitled to summary judgment on the woman's negligence claim, the Indiana Court of Appeals affirmed today.
Court opinions
Articles
7th Circuit rules on sex offender registration
A reasonable grace period is required before the federal government can enhance a convicted sex offender’s punishment for not registering after a move to a new state, the 7th Circuit Court of Appeals ruled today.
Termination of rights affirmed despite error
A trial court erred when it failed to follow Indiana Code in a termination of parental rights hearing, the Indiana Court of Appeals ruled today. Because the appellate court found the error to be harmless, it affirmed the involuntary termination of a father's parental rights.
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.
COA: Gun test-firing not an unlawful search
Routine test-firing of handguns that police have in their custody isn't a violation of a person's Fourth Amendment rights, the Indiana Court of Appeals ruled today.
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.
Judges disagree on attorney fee provision
A legal battle that was once about Indiana's requirements to obtain a driver's license or state identification turned into a tug-of-war appeal about attorney fees.
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.
7th Circuit: No First Amendment rights violation
The 7th Circuit Court of Appeals upheld summary judgment in favor of a northern Indiana school board regarding prior restraint and First Amendment retaliation claims made by a teacher.
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.
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.
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.
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.
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.
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.
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.
Judges disagree on trust jurisdiction issue
In a matter of first impression, Indiana Court of Appeals judges disagreed whether an Indiana probate court had subject matter and personal jurisdiction over a trust based in Virginia.
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.
Man can’t challenge motion after guilty plea
A defendant who pleaded guilty to a drug charge can no longer challenge the trial court denial of his pretrial motion to suppress, affirmed the Indiana Court of Appeals today.
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.