Pawnshop owner not victim of prosecutorial misconduct
A prosecutor’s comments to a witness about what would have been helpful did not shift the burden of producing evidence onto the defendant, the Indiana Court of Appeals has ruled.
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Sex offender wins right to view legal adult porn
A man convicted for obscene webcam conduct shared with someone posing as a 13-year-old girl nearly a decade ago may view legal pornography, the 7th Circuit Court of Appeals ruled in a three-way opinion Thursday.
Guilty plea stands despite ineligibility for habitual charge
Although a man was wrongly charged as a habitual substance offender, the Indiana Court of Appeals determined the facts do not support his claim that his counsel was ineffective and he did not knowingly enter a guilty plea.
Reversal: VORP cannot be ordered in sentence
The Indiana Court of Appeals ruled Friday that offenders may not be ordered to participate in the Victim-Offender Reconciliation Program, reversing a sentence and remanding to the trial court for a restitution hearing.
Hamilton Southeastern Utilities gets partial Tax Court win
The sewer utility serving fast-growing Fishers won a partial victory on its appeal of a tax on connection fees, but the Indiana Tax Court didn’t fully rule in favor of Hamilton Southeastern Utilities.
Attorney to seek resentencing in Indiana teen’s sex case
An Indiana 19-year-old is seeking a new sentence after being ordered to register as a sex offender in two states and refrain from having a computer or smartphone, or living in a place with Internet access, because he had consensual sex with a 14-year-old Michigan girl he met online who said she was 17.
Federal court properly denied bid to withdraw money-laundering plea
An Indiana federal District Court judge properly denied a woman’s motion to withdraw her money-laundering plea, the 7th Circuit Court of Appeals ruled Wednesday.
Failure to read contract no protection against liability
A coal mine superintendent failed to convince the Indiana Court of Appeals that he should not be held liable because he did not understand the contract he signed.
St. Joe County to pay $270K for not holding prompt hearings
St. Joseph County in northern Indiana has agreed to pay $270,000 to settle a federal class-action lawsuit that accuses the county of failing to provide those arrested with probable cause hearings within 48 hours, the South Bend Tribune reported.
Strip club must face suit of pedestrian hit by drunk waitress
A pedestrian severely injured when he was struck by a strip club waitress driving home from work may proceed with a civil lawsuit against the Indianapolis club that furnished her free alcohol, the Indiana Court of Appeals affirmed Wednesday.
Judge seats accused Best Chairs trademark infringer in Indiana
Online merchants who have sold more than $6 million worth of chairs with names that allegedly infringe on a longtime Indiana manufacturer’s trademarks will have to answer the claims in federal court in Evansville, a judge ruled Tuesday.
Estate battle remanded to trial court to determine timeliness
An heir was successful in asserting he had a claim to his father’s estate but has more work to convince the courts he filed his claim in a timely manner.
Wiretap and defamation claims against South Bend councilman allowed to move forward
Overturning the trial court’s dismissal, the Indiana Court of Appeals is allowing the complaint claiming a South Bend city councilman violated the federal wiretap act and committed defamation to proceed.
Risk to student in school religion case merits concealing mom’s name
The mother of a Fort Wayne public school student may proceed without identifying herself in a federal lawsuit claiming the second-grader was ostracized and shamed by a teacher because he told a classmate who inquired about his faith that he didn’t believe in God. The mother said identifying herself would disclose her son’s name, subjecting him to further harm and public criticism.
Reversal: Insurer’s acceptance of payment reinstated policy
A Porter County man won his argument that his insurer’s acceptance of a late payment kept his homeowners coverage in force, after which a garage fire caused damage exceeding $80,000. Now, the insurer also may have to pay bad-faith and punitive damages.
Uncertain of meth’s status, COA tosses syringe conviction
A man who was convicted of two felonies for injecting himself with methamphetamine should not have been convicted of unlawful possession of a syringe, because it’s unclear whether meth qualifies as a legend drug, a Court of Appeals panel ruled Tuesday.
Judge’s description not impermissible judicial testimony
A Marion County judge who described the testimony to jurors as “heartfelt” did not overstep the prohibition against the judiciary acting as a witness.
2015 conference of judicial PIOs kicks off in Indianapolis
Media liaisons and judicial spokespeople from around the United States are in Indianapolis for the 2015 annual meeting of the Conference of Court Public Information Officers Aug. 3 – 5. This is the first time the conference has visited Indiana.
7th Circuit blasts Evansville flash bang search, notes racial factor
Evansville police “committed too many mistakes to pass the test of reasonableness” in a bungled home search and are not shielded from a federal excessive force lawsuit, the 7th Circuit Court of Appeals ruled Friday.
Denial of disability benefits remanded for better explanation
A rejection of a claimant’s application for disability is being remanded after the 7th Circuit Court of Appeals found the “abstruse signals” in the denial did not sufficiently explain the reasons for disregarding new evidence.