Indiana Court Decisions – April 26-May 9, 2018
Read Indiana appellate decisions from the most recent reporting period.
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Ball State prof tackles controversial SCOTUS libel decision in new book
It all began in September 1962, when Atlanta insurance salesman George Burnett was accidentally connected to a phone call between University of Georgia athletic director James Wallace “Wally” Butts, Jr. and legendary University of Alabama coach Paul “Bear” Bryant. Burnett's record of the call led to a controversial U.S. Supreme Court libel decision that is the basis of a new book by Ball State University professor emeritus David Sumner.
Supreme Court rules for inmate whose lawyer conceded guilt
The Supreme Court ruled Monday that a lawyer for a criminal defendant cannot override his client’s wish to maintain his innocence at trial, even if the lawyer’s aim is to avoid a death sentence.
Justices to hear argument in blocked railroad crossings case
The question of whether state or federal law determines how long trains can block traffic at railroad crossings will come before the Indiana Supreme Court during oral argument this week. These case is one of three that justices will hear Thursday.
COA finds warehouse not liable for cargo-related deaths
An Indianapolis-based warehouse facility has been cleared of liability in a tractor-trailer accident that killed three and injured one after the Indiana Court of Appeals found the warehouse had neither a contractual nor a common law duty to the victims.
Supreme Court makes legal sports betting a possibility
The U.S. Supreme Court struck down a federal law Monday that bars gambling on football, basketball, baseball and other sports in most states, giving states the go-ahead to legalize betting on sports. Indiana was among the states pushing for the decision.
Hamilton County halts government and judicial center expansion
Hamilton County leaders are delaying a roughly $24 million project to expand the government and judicial center in Noblesville after bids came in about $300,000 over budget.
COA to hear arguments in Dubois, Clark counties
The Indiana Court of Appeals is heading south next week to hear oral arguments in Dubois and Clark counties.
Appeals court orders Yorktown clerk-treasurer’s removal
The Indiana Court of Appeals has ordered the removal of the Yorktown clerk-treasurer from office after determining that her failure to properly reconcile the town books for four consecutive years warranted her removal. In response, the elected office holder has pledged to take her case to the Indiana Supreme Court.
Court reverses doctor’s $1M defamation award against CVS
An Indianapolis doctor awarded $1.025 million in defamation damages against CVS after a federal jury trial lost it all Thursday when the 7th Circuit Court of Appeals reversed the decision. The panel ordered a new trial on greatly reduced claims for damages.
No charges in Indiana day care attack that hurt 1-year-old
A prosecutor won’t file charges in an attack at an Indianapolis day care that left a 1-year-old boy’s lips and face scratched and swollen.
Murder convictions upheld after dismissed juror feared for safety
A Lake County woman’s murder convictions were upheld Thursday in a case where a juror was dismissed after telling fellow jurors and the court he feared for his safety. The ruling also created split opinions in the Indiana Court of Appeals on the rights of defendants to speak.
Appellate court upholds contempt finding against mother
A Marion County mother was unsuccessful in her attempt to seek relief from an order finding her in contempt of court for interfering with her ex-husband’s parenting time, with the Indiana Court of Appeals finding she failed to develop a cogent appellate argument.
Porn star’s lawyer says Russian paid Trump attorney Cohen
Stormy Daniels’ lawyer said Tuesday he has information showing that Michael Cohen, President Donald Trump’s longtime personal attorney, received $500,000 from a company associated with a Russian billionaire within months of paying hush money to Daniels, a porn star who claims she had an affair with Trump.
Lake County preparing for switch to Odyssey this month
Lake County will become the 62nd of Indiana’s 92 counties to adopt the online Odyssey case management system when it makes the transition on May 21.
Southern Indiana federal court film nominated for 2 Emmys
The documentary about the federal courts in Indiana produced to mark the Southern Indiana District Court’s bicentennial in 2017 has been nominated for two Emmy Awards by the National Academy of Television Arts and Sciences, Lower Great Lakes Chapter.
Woman who posed as DCS worker killed mom, claimed baby
A Gary woman will spend decades in prison for killing a mother in her Anderson home in 2015 and trying to pass off the woman’s baby as her own.
Indiana Transportation Museum sues Noblesville, Fishers, Hamilton County
The Indiana Transportation Museum has filed two lawsuits against Hamilton County government officials, including one that alleges Noblesville is planning to evict the museum from Forest Park by June 1 to seize the museum’s equipment.
Divided COA orders dismissal of theft, battery charges
Theft and battery charges against a Marion County man must be dismissed after a majority of an Indiana Court of Appeals panel determined he was not brought to trial within 70 days, per his speedy trial request.
Gary man pleads guilty, faces life term in 7 women’s deaths
A Gary man has avoided the death penalty by pleading guilty in the deaths of seven women and instead faces life in prison without parole. Darren Vann of Gary, Indiana, entered the guilty pleas during a surprise court hearing Friday in Crown Point. He will be sentenced May 25.