Fort Wayne attorney named new Allen Superior magistrate
A private practice attorney and former Indiana Department of Child Services attorney has been chosen as magistrate judge in Allen Superior Court Family Relations Division.
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COA orders judgment in favor of woman on adverse possession claim
Because there is evidence that both the woman who purchased land from a trust and the trustee paid taxes on a disputed 1.8 acres of land for at least 10 years, the woman’s claim for adverse possession of the land should be granted, the Indiana Court of Appeals held.
Court OKs admission of tweets, reverses criminal gang activity conviction
In a case of first impression regarding the authentication of social media posts, the Indiana Court of Appeals held that the testimony from the defendant’s girlfriend that the Twitter account belonged to her boyfriend, as well as content from that account, sufficiently showed the defendant was the author of its tweets.
Man’s conviction from controlled drug buy upheld
An Anderson man who was criminally convicted for selling drugs to a confidential informant waived both his arguments on appeal, the Indiana Court of Appeals ruled Thursday. And, the judges found no fundamental error in a jury instruction given or the admission of cash found on the defendant by police.
COA orders woman’s sentence revised to include credit time
The Indiana Court of Appeals found Thursday that a trial court incorrectly calculated the sentence a woman should serve in the Department of Correction after she had her probation revoked.
Revised sentence modification statute not applicable in defendant’s case
A trial court did not err in denying a man’s petition to modify his sentence after finding that the current version of the sentencing modification statute is not applicable to his sentence, which he began serving in 1989. The Indiana Court of Appeals panel relied on a January decision by its colleagues to affirm the denial of Mitchell Swallows’ petition.
Judicial campaign solicitation ban upheld by SCOTUS
A divided Supreme Court of the United States ruled that states can bar judicial candidates from personally soliciting campaign contributions, leaving intact bans in 30 states.
Judge may sequester house blast jury during deliberations
The judge who'll preside over one defendant's murder trial in a deadly Indianapolis house explosion says he may sequester jurors during deliberations.
Appellate court records make switch to Odyssey May 4
Beginning next week, basic case information on appeals before the Indiana Supreme Court and Court of Appeals will be available to the public through the Odyssey docket. The Indiana Tax Court made the switch in December.
Wiretap evidence properly admitted at murder trial
The Indiana Court of Appeals upheld a man’s conviction of murdering his stepfather, finding that the trial court did not abuse its discretion in admitting wiretap evidence in which the defendant told a friend he was involved in the killing.
Justices affirm upward deviation from child support guidelines
A trial court did not commit clear error when it deviated from the Indiana Child Support Guidelines by not granting a father the full parenting time credit calculated and allowed his ex-wife to claim their child each year on her taxes, the Indiana Supreme Court ruled Tuesday. The justices also outlined the best practices to be used when a trial court conducts summary proceedings.
Brothers’ murder convictions upheld by COA
Two brothers convicted in the murder of a man with whom they previously had an altercation are not entitled to a new trial based on one juror’s concerns for her safety after recognizing someone sitting in the gallery, the Indiana Court of Appeals held Wednesday.
3 brothers plead guilty to massive biofuels scam
Three brothers have pleaded guilty to participating in a biofuels scam that federal investigators are calling “one of the largest tax and securities fraud schemes in Indiana history."
Lawmakers pass Marion Co. small claims reforms
The General Assembly Wednesday afternoon passed modest reforms of the nine township small claims courts in Marion County, a far cry from recommendations of multiple judicial studies to restructure the courts.
COA affirms new trial on motorcyclist’s negligence claim
A trial court did not abuse its discretion when it set aside a jury verdict allocating 70 percent of fault to a motorcyclist who hit a dog that darted in front of his bike, the Indiana Court of Appeals ruled. The motorcyclist was injured in the accident and sued the dog’s owners.
Former Lilly partner set to pay $2.3B to settle Actos cases
Takeda Pharmaceutical Co. executives have agreed to pay more than $2.3 billion to resolve lawsuits accusing the company of hiding its Actos diabetes medicine’s cancer risks, three people familiar with the accord said.
Appeals court declines to revise battery sentence
Even though a trial court did not specify why it imposed consecutive sentences for a man convicted of two counts of battery – one as a Level 6 felony and the other a Class A misdemeanor – the Indiana Court of Appeals found the rationale for consecutive sentences is apparent on the face of the record.
Mother’s failure to timely contest adoption dooms appeal
A woman who failed to give notice to the court within 30 days after learning her child’s stepmother sought to adopt the child could not convince the Indiana Court of Appeals that her due process was denied in the matter.
US Supreme Court hears historic same-sex marriage arguments
Pivotal Supreme Court of the United States Justice Anthony Kennedy did not tip his hand Tuesday as the high court heard historic arguments over the right of gay and lesbian couples to marry.
US Supreme Court to hear historic same-sex marriage arguments
The Supreme Court of the United States is set to hear historic arguments in cases that could make same-sex marriage the law of the land.