Biden could change course in high court health care case
The pending Supreme Court case on the fate of the Affordable Care Act could give the Biden administration its first opportunity to chart a new course in front of the justices.
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COA dismisses as premature appeal in breach-of-contract suit
The Indiana Court of Appeals on Friday dismissed as premature an appeal filed by a southern Indiana man who challenged a trial court order dismissing three of four defendants that he sued, claiming breach of contract in a real estate sales dispute.
Faulty translation voids man’s guilty plea in PCR appeal
The Indiana Court of Appeals vacated a man’s guilty plea in a child molestation case Friday, granting post-conviction relief on the basis that he did not receive the assistance of an interpreter to help him understand his rights.
Ruling on appeal reinstates condo owners’ suit alleging faulty construction
Condominium owners in a South Bend complex that they allege was shoddily constructed may pursue their claims against the insolvent developer, the Indiana Court of Appeals ruled, reversing the dismissal of the condo owners’ claims.
Justices uphold life without parole in toddler’s brutalization, murder
A man’s sentence to life in prison without parole in the murder of an 18-month-old whose body bore the marks of torture and sexual abuse has been affirmed on direct appeal to the Indiana Supreme Court.
Judge James Kirsch announces retirement from Indiana Court of Appeals
Veteran Indiana Court of Appeals Judge James Kirsch announced Thursday he will retire this fall, capping a quarter-century on the state’s appellate court bench. Kirsch said in a statement he will continue to serve as a senior judge.
Woman’s PI suit against state after hydroplane crash divides appeals panel
A woman who sued the Indiana Department of Transportation after she was injured in a crash resulting from her vehicle hydroplaning on a northern Indiana highway cannot pursue her lawsuit against the state, a majority of the Indiana Court of Appeals ruled Wednesday. A dissenting judge, however, would reverse and send the matter back to the trial court to hear her claims.
Reversal: Court erred in CHINS findings, placing kids in foster care
An out-of-state father whose children were placed in foster care after one of them was injured during a domestic dispute between their mother and her boyfriend was wrongly denied an opportunity to parent his children, the Indiana Court of Appeals ruled Wednesday.
Supreme Court adopts COA ruling, remands to correct improper sentence
The Indiana Supreme Court on Tuesday summarily affirmed a Court of Appeals decision remanding an improper sentence imposed in a drug case but rejected a convict’s argument that he was wrongly denied his request for a speedy trial.
Appeals court orders second remand of divorce dispute
A ex-husband will again take his challenge of the final judgment in his divorce case back to the trial court after the Indiana Court of Appeals ordered a second remand to address the division of marital property.
Young joins proposal for 9-member SCOTUS constitutional amendment
Indiana Sen. Todd Young on Monday announced he will join fellow Republican senators in reintroducing a constitutional amendment that would ensure the number of justices on the United States Supreme Court remains nine.
Father wins PCR on two counts of child molesting
A father convicted of three felony counts of molesting his daughter has successfully secured post-conviction relief from two of those counts. A Class A felony conviction, however, will stand. The ruling will cut the southern Indiana man’s 100-year sentence in half.
Ex-lawyer accused of stealing from estate scrutinized for land deals
A one-time northern Indiana judge and lawyer who resigned amid a disciplinary case alleging he and his law firm stole hundreds of thousands of dollars from a widow client’s estate may have used ill-gotten money to pay down his home mortgage, a court filing suggests.
Man who missed trial loses OWI appeal
A man convicted of a drunken driving charge despite not being present at his own trial has failed to convince the Indiana Court of Appeals that his convictions should be overturned.
Jones elected as presiding judge of Marion Superior Court
Marion Superior Judge Amy Jones has been selected as the next leader of the Marion Superior Courts Executive Committee.
Legal misfire: Is it a crime for minors to possess guns?
A 1990s Indiana law that raised penalties for juveniles who possess guns has backfired, limiting the charging options for law enforcement when children have firearms.
COA commitment for woman with anorexia seen as rare
In a move not typically seen, the Indiana Court of Appeals extended a Hoosier woman’s temporary involuntary commitment solely based on an eating disorder that doctors said was causing her severe malnutrition.
Trimble: New Year’s resolutions after a tumultuous 2020
Indianapolis lawyer John Trimble exhorts members of the legal profession to shake off the malaise and resolve to charge ahead into 2021 with the renewed vigor to get through the mountain of challenges and to do what we can to make things better.
Conseco settles life insurance class action for $27M
A nationwide class action against an Indiana insurer that alleged more than 3,600 policyholders were overcharged for premiums has been resolved through a $27 million settlement, plaintiffs’ attorneys said Friday. The settlement provides that each class member will receive at least $500, but most will receive $1,000 or more.
Conspiracy conviction vacated as double jeopardy in Muncie murder
Despite there being sufficient evidence to support a man’s conspiracy and murder convictions, the conspiracy conviction must be vacated on double jeopardy grounds, the Indiana Court of Appeals has ruled.