State to scope Indy block for new building to house judiciary, legislative office space
Gov. Mike Pence’s administration is in the early stages of a land-use study for a hot piece of downtown Indianapolis property north of the Statehouse.
Courts
Articles
Plea agreement bars defendant from appealing sentence
A defendant who agreed to waive his right to appeal his sentence after pleading guilty to a drug offense was unable to convince the 7th Circuit Court of Appeals that he should be allowed to pursue his ineffective assistance of counsel claim.
Admittance of hearsay evidence harmless error, rules 7th Circuit
The out-of-court testimony of a woman who said she purchased crack cocaine from a man who was on supervised release should not have been admitted during the man’s hearing regarding revoking his release, the 7th Circuit Court of Appeals held Wednesday. But this was a harmless error because the circumstantial evidence supports that the man dealt crack cocaine to the woman.
Dad’s text to daughter supports violation of protective order
A Johnson County man who sent a text message to his daughter to give to his ex-wife – who had a protective order against him – violated that order when he sent his daughter the message, the Indiana Court of Appeals affirmed.
COA reverses public intox conviction based on potential danger
The state’s claim that a man’s public intoxication conviction should stand because of possible danger he faced if he left an apartment complex while intoxicated was rejected by the Indiana Court of Appeals Thursday because the argument was merely speculative.
COA clarifies and affirms original opinion in environmental cleanup case
The Indiana Court of Appeals granted the request of the city of Indianapolis and the Department of Environmental Management to take another look at its opinion issued in April that allowed businesses that neighbored a contaminated property to intervene in the cleanup case. But the judges affirmed the court’s original decision in all respects.
Statute does not allow for deferral of dealing marijuana charge
The Indiana Court of Appeals rejected a man’s argument that I.C. 35-48-4-12 would run afoul of double jeopardy or collateral estoppel if the court defers his marijuana possession charge but not his charge of dealing marijuana.
Justices uphold $94,000 in damages, fees for failed condo sale
The Indiana Supreme Court agreed with the trial court that a seller of a condo whose buyers backed out of the purchase agreement over failed repairs could have mitigated her damages by selling the condo in 2007 to a different buyer instead of waiting until 2011 and accepting a lower price.
Judge orders Indiana BMV to resume selling plates
The Indiana Bureau of Motor Vehicles must resume issuing personalized license plates, a Marion County judge ordered Wednesday, but that doesn't mean it'll happen in the near future.
Epileptic man’s excessive force, wrongful arrest case proceeds
A man with epilepsy who claims Indianapolis police assaulted and falsely arrested him while he was having a seizure may proceed with numerous claims against the officers and the city, a federal judge ruled Wednesday.
Indiana county to make money off of bad drivers
A northwest Indiana county has agreed to sell court records to a data-mining company that plans to supply them to insurers who will use them to raise rates for bad drivers.
‘Sovereign citizen’ convicted of kidnapping daughter loses appeal
The Kansas man who kidnapped his adult daughter and held her captive in northern Indiana had his convictions and sentence upheld by the 7th Circuit Court of Appeals Wednesday.
Judge: Outdated caselaw needs revised to handle Internet issues
A dissenting judge in an unfair competition case involving the near simultaneous registrations of the same Internet domain name urged the Indiana Legislature and Supreme Court to “usher Indiana into the technological realities of the 21st Century.”
1 same-sex marriage lawsuit remains in District Court
One challenge to Indiana’s same-sex marriage law remains in federal court and could, again, open a window for gay and lesbian couples in the state to get married, an attorney representing the plaintiffs in the case said.
Owner of Anderson location yanks suit against Motel 6
Owners of an Anderson hotel that has operated as a Motel 6 since its construction in 1974 – but soon won’t – withdrew a federal lawsuit Tuesday that claimed the national chain had not maintained the site “as a first class motel” required under its decades-old lease.
Judges uphold felony conviction for kicking cat
The Indiana Court of Appeals affirmed an Allen County man’s conviction of Class D felony torturing or mutilating a vertebrate animal, finding sufficient evidence that the man knowingly or intentionally mutilated a cat that somehow got into his house.
Interest rate charged by bank upheld by Court of Appeals
The Indiana Court of Appeals relied on a similar case out of Ohio to find that a bank did not exceed the agreed-upon interest rate of commercial borrowers by applying a 365/360 interest calculation method as some borrowers claimed in a class action.
Courts provide information about appellate judges up for retention
Voters looking to learn more about the four appellate judges up for retention on this year’s general election ballot can turn to a website designed by the Division of State Court Administration.
Grant applications for children, family projects due Aug. 14
The Indiana Court Improvement Program is accepting applications for projects designed to improve the well-being, safety and permanency of children and families involved in child in need of services and termination of parental rights proceedings.
Indiana sues county over I-69 noise ordinance
The Indiana Department of Transportation is suing the commissioners of a southern Indiana county, saying they have no authority to limit construction of the Interstate 69 extension near Bloomington with an ordinance that restricts overnight noise.