COA affirms order mother attend psychotherapy
Ruling on a matter of first impression, the Indiana Court of Appeals upheld a trial court’s decision to impose psychotherapy in a marital dissolution and custody order.
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COA reverses conviction based on charging information
Because the charging information did not give a defendant fair notice of the crime of which he was convicted, the Indiana Court of Appeals reversed his Class B felony attempted aggravated battery conviction.
Officer’s testimony about victim’s statement admissible, COA rules
A trial court did not abuse its discretion when it allowed an Indianapolis police officer to testify as to a victim’s out-of-court statements made to the officer shortly after an incident where she was beaten up.
Inherited IRA funds not considered ‘retirement funds’
The Supreme Court of the United States unanimously held Thursday that funds contained in an inherited individual retirement account do not qualify as “retirement funds” within the meaning of a bankruptcy exemption.
Justices take certified question regarding dependents
The Indiana Supreme Court will determine what exactly the phrase “dependent upon such person” modifies. The high court accepted a certified question on the matter from the United States Bankruptcy Court for the Northern District of Indiana.
Dickson: ‘Time is right’ to step down as chief justice
Saying “the time is right for this transition,” Chief Justice Brent Dickson announced Wednesday he would relinquish his leadership of the state Supreme Court but will remain as an associate justice until he faces mandatory retirement in just over two years.
Reasonable suspicion needed to search home detention participant’s residence
The Indiana Court of Appeals affirmed the suppression of evidence found at a Tippecanoe County home by community corrections officers, finding the roommate of the man on home detention had a reasonable expectation of privacy.
Judges order protective order extension recalculated
Finding a 28-year extension of a protective order to be unreasonable, the Indiana Court of Appeals ordered the trial court to determine a “reasonable extension.”
COA rules against former Junior Achievement boss in defamation suit
The Indiana Court of Appeals affirmed that a central Indiana organization and its president did not defame the former president of Junior Achievement of Central Indiana or tortiously interfere with a business relationship.
Dickson stepping down as chief justice
Indiana Chief Justice Brent Dickson announced Wednesday that he will step down as chief justice sometime before Sept. 1. Dickson plans on staying on the Supreme Court as an associate justice until he reaches the mandatory retirement age of 75 in July 2016.
Uninsured coverage doesn’t include property damage in hit-and-run accident
The Indiana Supreme Court Tuesday affirmed summary judgment for an insurance company that its motor vehicle policy issued to a family does not provide uninsured motorists coverage in a hit-and-run accident.
COA affirms judgment in coverage dispute between insurance companies
The Indiana Court of Appeals affirmed a trial court’s judgment regarding indemnification clauses and coverage under insurance policies. The issue came before the trial court after a worker sought compensation for severe injuries he sustained when he was electrocuted on the construction site of a Wal-Mart in Boone County.
Judges order good-time credit reinstated
The head inmate law clerk at an Indiana correctional facility is entitled to the 30 days of good-time credit that the prison revoked after finding he used the library’s computers without authorization. But the inmate was just following orders from prison library staff, the 7th Circuit Court of Appeals pointed out.
Bankruptcy Court seeks volunteers for pro bono panel
The United States Bankruptcy Court for the Southern District of Indiana is accepting new volunteers who would like to work on the court’s Bankruptcy Pro Bono Panel.
COA: Schools required to transport students for free
The Indiana Court of Appeals ruled Tuesday that Indiana students cannot be charged to ride the bus to and from school. The judges found an arrangement between a school corporation and a private company that required parents to pay for their children to ride the bus violated the state constitution.
7th Circuit reverses ‘troubling’ ruling in discrimination case
Because a District Court judge made several errors in analyzing the evidence brought by an African-American electrician in his lawsuit alleging he wasn’t hired because of his race, the 7th Circuit Court of Appeals reversed judgment in favor of the company.
Nonprofit unable to prove it is entitled to charitable tax exemption
The Indiana Tax Court Friday upheld the decision to deny a charitable purposes exemption for the 2006 tax year to a Bartholomew County nonprofit that provides housing for low-income residents. The court agreed the nonprofit failed to show that its rental properties qualified for the exemption under I.C. 6-1.1-10-16.
Justices decline injured officer’s benefits case
The Indiana Supreme Court will leave in place the amount of disability benefits an Indianapolis police officer will receive after he was shot in the line of duty.
IMPD lawyer to be deposed in councilor’s wrongful arrest case
Lawyers for Indianapolis City-County Councilman Joseph Simpson may depose a city attorney about legal advice she gave in another case regarding a state statute at the heart of Simpson’s wrongful arrest case, a federal judge ruled Friday.
Court orders defendants to wear leg restraints at trial
A federal judge in Terre Haute has granted the government’s request that two defendants wear modified leg irons at an upcoming jury trial due to their violent criminal histories – both outside of prison and while incarcerated. The men face charges stemming from the murder of a fellow inmate.