Indiana Senate backs law change after school shooting
The shooting at Noblesville West Middle School last year has legislators looking to change state law so that children as young as 12 could face attempted murder charges in adult court.
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AG Hill joins Indiana as amicus against ‘subjective’ handgun permitting
Indiana Attorney General Hill has signed the state on to an amicus brief urging the United States Supreme Court to take a case that could decide the constitutionality of may-issue firearm permits requiring citizens to meet subjective standards to publicly carry a weapon.
Student’s suit against Butler in sex misconduct case voluntarily dismissed
The 7th Circuit Court of Appeals granted a motion to dismiss a case against Butler University brought by a male student who claimed he was falsely accused of sexual misconduct and expelled from the school as a result.
Ex-state employee loses disability discrimination appeal
A former of Department of Insurance employee fired after engaging in a verbal altercation and making crude comments about another employee has lost her disability-discrimination appeal before the 7th Circuit Court of Appeals.
Tax Court: JW Marriott’s appeal in 8-year-old assessment case premature
The owner of the downtown Indianapolis JW Marriott Hotel prematurely appealed its 2010 real property assessment with the Indiana Tax Court because a lower reviewing authority had not yet been given its full statutory time to review the matter, the Indiana Tax Court ruled Friday.
Stone accused of lying and witness tampering, but not collusion
Donald Trump confidant Roger Stone may be accused of lying and tampering with witnesses, but it’s equally notable what he’s not charged with: colluding with the Kremlin in a grand conspiracy to help Trump win the presidency in 2016. The case is the latest in a series brought by special counsel Robert Mueller that focuses on cover-ups but lays out no underlying crime.
Justices grapple with refiling of similar CHINS case
As Indiana’s executive and legislative branches work to implement reforms in the Department of Child Services and boost funding, the judicial branch is also reviewing the department in a case that could decide whether child welfare cases are subject to res judicata.
Man’s 33-year sentence, admission of heroin evidence upheld
A man who allegedly held two women against their will and beat them in his Fort Wayne home and later was found holding heroin lost his appeal Friday. An appellate court rejected his challenge to the admission of evidence against him as well as his appeal of his aggregate 33½-year sentence.
Reversal: Children placed in father’s care weren’t CHINS
Three Tippecanoe County minor children age 5 and younger who were cared for by their father after they were found home alone in their mother’s home should not have been adjudicated children in need of services, the Indiana Court of Appeals held Friday in reversing the juvenile court.
COA: ‘pleasant’ drug defendant was properly Mirandized
A drug offender who received kudos from the trial court for her pleasant demeanor had her conviction and sentence affirmed by the Indiana Court of Appeals after she could not present any evidence that police failed to ensure she understood her Miranda rights.
COA: Mom owes no college funds after child’s repudiation
A mother whose infidelity led to divorce and what a trial court called a “deep, seemingly bottomless rift between the children and Mother” owes a daughter no support with college expenses because the child repudiated their relationship.
Public Defender Commission seeks funds for misdemeanors, appellate office
Guided by a task force report that calls for major reforms to Indiana’s indigent defense system, the Indiana Public Defender Commission is seeking additional funds in the state’s next biennial budget to improve defense services for indigent clients.
COA: Hardware store had no duty to shocked customer
A Crawfordsville hardware store that rented an aerial lift to a man who ultimately used it too close to some power lines did not have any duty to provide additional warnings, the Indiana Court of Appeals has ruled.
Justices: Drive-away driver properly classified as contractor
A “middleman” business that matches drivers with customers needing drive-away services properly classified one of its drivers as an independent contractor instead of an employee, the Indiana Supreme Court ruled in an opinion meant to resolve a conflict between two lower court rulings.
Son’s convictions for murdering parents upheld
A Lake County man convicted of murdering his parents failed to convince the Indiana Court of Appeals that a search of his family’s home was unconstitutional, thus allowing his murder convictions to stand.
COA: No double jeopardy violations in fatal flight from police
A South Bend motorist who fled police, ran a red light and hit another vehicle, killing the driver, was unable to convince the Indiana Court of Appeals that his convictions violate double jeopardy.
Indiana federal courts work as funds dwindle amid shutdown
In the Southern and Northern Indiana district courts, no workers have been furloughed and no pay periods have been skipped, but with the federal judiciary estimating it has funding only to sustain current levels of operations through the end of January, Hoosier jurisdictions are preparing for potential changes.
COA affirms order of extra payments to ex for unsold homes
A man must pay his ex-wife an extra $115,200 in monthly payments after he decided not to sell marital property as had been contemplated in their divorce settlement agreement, the Indiana Court of Appeals ruled Thursday, affirming a trial court order.
Ambiguous weight limit statute leads to infraction reversal
The ambiguity of a state statute means a man performing farm drainage work in Henry County did not commit an infraction by driving his heavy equipment on a state highway, the Indiana Court of Appeals has ruled. However, the court noted its ruling was limited specifically to the facts of the instant case and was not an opinion on how the ambiguity might affect other circumstances.
Split COA relieves defendant from default despite inexcusable neglect
The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.