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.
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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.
Feds: Action taken to fix mistakenly awarded work permits
Problems have been fixed that led to about 2,100 work permits being mistakenly awarded under President Barack Obama's executive immigration action after a federal judge in Texas had put the plan on hold, the Justice Department said in newly filed court documents.
NCAA granted stay in O’Bannon case; payments delayed
The NCAA was given a respite Friday when the 9th U.S. Circuit Court delayed the implementation of possible payments to athletes for the use of their names, images and likenesses.
Cox to join Vanderburgh Circuit Court
Vanderburgh County will officially install its new magistrate with a swearing-in and robing ceremony at 9:30 a.m. Aug. 3 in the Vanderburgh Circuit Court.
Victim’s statements were dying declaration, COA rules
The Indiana Court of Appeals rejected the argument that the victim, who was shot multiple times and eventually did die, could not have made a dying declaration because paramedics repeatedly told him he would live.
No evidence of officer’s injury voids restitution order
An Indianapolis trial court abused its discretion by ordering a man convicted in a physical altercation with police to pay more than $27,000 in restitution despite a lack of evidence he caused injuries that resulted in those medical bills.
Insurer off hook in Indy strip club shooting
A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.
Justices reinstate grandparent visitation COA deemed excessive
The Indiana Supreme Court Thursday reinstated a trial court’s grandparent visitation order that included monthly overnight visits and other visitation that the Court of Appeals ruled was excessive.
Justices affirm molestation conviction despite vouching testimony
A man’s conviction of Class C felony child molestation was affirmed Thursday by the Indiana Supreme Court, which held that even though improper vouching testimony was admitted in error, the defendant failed to preserve the issue for appeal.
Convictions based on ‘very same behavior’ do not violate double jeopardy
A man was unable to overcome heavy precedent and convince the Indiana Supreme Court his convictions violated the state prohibition against double jeopardy.
Trial court erred in ruling defendant waived counsel
A defendant who pleaded with a judge to try to obtain possibly exculpatory video evidence he said his public defender refused to seek did not, by his conduct, waive his right to counsel, the Indiana Court of Appeals determined Thursday.
Tax Court stands by its original decision
Reiterating the relationship between exclusion and consumption exemption, the Indiana Tax Court upheld its earlier ruling exempting Aztec Partners LLC from paying sales tax on the electricity it used.