Appeals panel affirms CHINS adjudication
Two children were properly adjudicated in need of services, the Indiana Court of Appeals concluded in affirming a trial court.
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Federal courts warn of threatening jury duty scam calls
Federal courts are warning residents of scam phone calls threatening prosecution for failure to comply with jury service, according to an alert released Thursday by the U.S. District Court for the Southern District of Indiana.
Justices uphold convictions in second trial after partial deadlock
The Indiana Supreme Court Thursday upheld the convictions of a man involved in a fatal drunken-driving crash. The defendant was retried on all charges after a jury convicted him on some counts and deadlocked on others.
$1.8M verdict against Walgreen for pharmacist’s data breach stands
The Indiana Court of Appeals rejected Thursday several claims raised by Walgreen Co. on rehearing, holding that the company and its pharmacists are liable for damages sustained by the plaintiff after the pharmacist divulged her prescription records to a third party.
Counsel’s ‘risky’ trial strategy is not considered ineffective
A trial attorney who decided to pursue a trial strategy in a theft case that did not request a jury instruction on the lesser-include offense of criminal conversion did not provide ineffective assistance of counsel, the Court of Appeals ruled.
COA reverses sentence based on a ‘suspect enhancement’
Finding that a judge was clearly influenced by a jury’s not-guilty decision on another drug charge when he sentenced a defendant for cocaine possession, the Indiana Court of Appeals ordered the man’s sentence reduced.
Full 7th Circuit declines to rehear right-to-work appeal
An even split among all of the 7th Circuit Court of Appeals judges as to whether to rehear an appeal challenging Indiana’s right-to-work law means that its previous affirmation of the law will stand.
Defense wants statements omitted at Indiana fatal fire trial
Defense attorneys for an Evansville man accused of starting a deadly March fire have asked a judge to keep statements he made to police from being used at trial.
Lawmakers: Longer sentences, more police will deter crime
Harsher sentences and an increased police presence can help fight crime in Indiana, Republican state senators said Wednesday.
Rush proposes business court, makes pitch for e-filing funding
In her first State of Judiciary speech, Indiana Chief Justice Loretta Rush on Wednesday said the judiciary is “currently working on the development of a business court model focused on complex commercial litigation,” and urged the General Assembly to help fund the courts’ electronic filing initiative.
7th Circuit upholds use of GPS unit on car in 2011
The 7th Circuit Court of Appeals rejected a defendant’s claim that his motion to suppress drugs and guns found by police at a storage locker through the use of a GPS unit should have been granted because attaching the device to his car for purposes of gathering information was a search under the Fourth Amendment.
Court orders termination of spousal maintenance following ex-wife’s remarriage
A woman who remarried and now has substantial income and assets as a result of that marriage is no longer entitled to spousal maintenance, the Indiana Court of Appeals ruled Wednesday.
Teen injured in stage collapse loses challenge of tort liability
A Cincinnati girl who was injured when a concert stage collapsed in 2011 at the Indiana State Fair and later declined to settle with the state lost her challenge that the tort claim caps are unconstitutional, ruled the Indiana Court of Appeals Wednesday.
COA reverses in part judgment for agents on man’s insurance claim lawsuit
Finding the owner of a home that burned designated additional evidence which created a genuine issue of material fact, summary judgment should not have been awarded to agents on his claim, the Indiana Court of Appeals held.
Woman can sue Evansville over bungled SWAT raid
A woman who was 68 years old when her home was raided in 2012 by an Evansville SWAT team tracking down online threats against police can sue the city for unreasonable use of force, a federal judge has ruled.
Protective order filings rise during past 9 years
Attorneys say the 25 percent increase reflects more understanding and less victim blaming.
Appeal remands suit for trial court to determine legal fees
A law firm that represented a company in the sale of a Fishers sign franchise will have its day in court to argue it is entitled to a greater judgment of legal fees than the $11,085.50 a trial court ordered.
Appeals court remands grandparents’ visitation order
Grandparents rightly were awarded visitation with their granddaughter after their daughter died, but the Court of Appeals ruled Tuesday a trial court abused its discretion in establishing the amount of time grandparents could spend with the child.
Ruling extends standing in adoption cases to those with ‘lawful custody’
The sometimes-bitter litigation between a child’s adoptive parent and her grandparents who raised her from a young age yielded a decision from the state’s highest court that family law experts believe may represent a significant shift in adoption cases.