Justices affirm adoption despite father’s untimely appeal
The Indiana Supreme Court in its decision affirming the adoption of a girl first tackled the issue of appellate jurisdiction to entertain the biological father’s appeal.
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1,291-day delay in holding trial requires reversing conviction
The “unduly long delay” in bringing a man to trial on a charge of child molesting – 1,291 days – violated his constitutional right to a speedy trial and requires reversing his conviction, the Indiana Supreme Court ruled Wednesday.
Child services investigators claim unpaid overtime
Two Indiana Department of Child Services investigators say in a lawsuit that they've had to work extensive overtime without receiving required overtime pay.
Second suit filed over Wal-Mart PCB contamination
A second lawsuit has been filed as a result of toxic contamination discovered at an Indianapolis Wal-Mart return center.
Former sheriff’s deputies lose suit challenging promotion process
Because the phrase “shall endeavor” should be read to mean one shall try, the Indiana Court of Appeals rejected two Indianapolis Metropolitan Police Department officers' arguments that they should have been promoted to captain. The two claimed because they were former sheriff’s deputies, the consolidation of the sheriff’s and city police departments in 2006 required their promotions to maintain proportional representation.
Bankruptcy Court to hold ceremony for retiring judge
The United States Bankruptcy Court for the Southern District of Indiana is hosting a private retirement ceremony Thursday in honor of Judge James K. Coachys, who is retiring Sept. 30.
State’s way of paying public defenders debated
The state pays the salaries of its judges and prosecutors, but public defenders are paid by counties that are only partially reimbursed for their costs — an approach that some including the executive director of the Indiana Public Defender Council want to see changed.
Tenant who trashed house loses appeal, owes attorney fees
A former babysitter entrusted to live in a family’s home while they were away for a year and care for their pet dog in exchange for paying $300 monthly rent instead trashed the place. The ex-tenant appealed an $85,889 judgment against her but now has more bills to pay.
Attorney wins summary judgment appeal
An Indianapolis attorney ensnared in a dispute between a land developer and a creditor was successful at convincing the Indiana Court of Appeals he is identical to the other defendants and should be granted summary judgment.
Despite erroneous findings, termination of parental rights affirmed
A trial court entered erroneous findings in terminating the parental rights of a mother and father concerning two minor children, but the mistakes weren’t significant enough to reverse in a case where the state presented enough evidence to warrant the decision.
Meth dealing conviction affirmed, restitution required
Convictions for dealing methamphetamine and two counts of neglect of a dependent were affirmed on appeal Tuesday, as was an order that the offender pay restitution to the state for the costs of cleaning up the meth lab.
Angie’s List to pay $2.8M in membership-fee settlement
Indianapolis-based Angie's List Inc. will pay $2.8 million to settle a lawsuit alleging that it automatically renewed members at a higher rate than they were led to believe.
Reversal of PACER decision restores access
The Administrative Office of the United States Courts is showing what technology has taken away, technology can restore. The federal judiciary is reversing an earlier decision to delete hundreds of thousands of older case files from the federal courts’ electronic system, PACER.
Child support and tax deduction rulings reversed
A Lake County father prevailed in appealing a trial court order regarding his child support obligations that deviated from those recommended under Indiana’s official guidelines.
On rehearing, panel clarifies ruling regarding Death Property Act
A promissory note between a mother and son did not transfer to the mother’s estate on her death, the Indiana Court of Appeals clarified in rehearing an estate dispute that reversed a trial court ruling.
Disciplinary Actions – 9/24/14
Read who’s received a public reprimand and who has been suspended by the Indiana Supreme Court.
DTCI: Deciphering the new Administrative Rule 9(G)
On Sept. 8, the Indiana Supreme Court issued an order amending the Administrative Rules, wherein it adopted most of the proposed changes and added some requirements to Rule 9(G). These amendments take effect Jan. 1, 2015.
Bell: 3 things to know about reporting pro bono hours
Ready or not, Rule 6.7 of the Indiana Rules of Professional Conduct will hit the books Jan. 1, 2015. This rule will require an attorney to report his or her pro bono hours at the time of annual registration.
Spotlight: North/Central Indiana
A round up of news from northern and central Indiana, including a mayor’s attempt to stay his contempt order.
Representation is imperative to due process for immigrants
The cases involving immigrant children coming to the U.S. from Central America are creating more need for pro bono legal representation and are highlighting an area of asylum law that the courts struggle to clearly define.