Justices order COA to consider man’s appeal
A man’s appeal of his aggravated battery convictions should proceed to the Indiana Court of Appeals even though the issue of restitution remains unresolved, the Indiana Supreme Court ruled Thursday.
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City recommends GM site for Marion County justice complex
The former General Motors stamping plant west of downtown Indianapolis is Mayor Greg Ballard's preferred location for a new criminal justice complex.
COA: Adoption petition should remain in Superior Court
The Lake Superior Court was not required under the county’s case allocation plan to transfer an adoption petition to juvenile court where termination of parental rights proceedings are pending involving the same children, the Indiana Court of Appeals ruled Wednesday.
Elected official loses appeal in voter registration removal
A Roseland Town Council member couldn’t convince the 7th Circuit Court of Appeals that a District judge was incorrect in dismissing his lawsuit filed after he was removed from the voter registration list while incarcerated.
Mental health statute limits state’s use of juvenile statements
Indiana’s Juvenile Mental Health Statute’s limited immunity prohibits both use and derivative use of a juvenile’s statements to prove delinquency, the Indiana Supreme Court ruled. The justices were able to come to the conclusion without addressing the question of the statute’s constitutionality.
7th Circuit rejects lawsuit on insurer’s use of in-house counsel
The 7th Circuit Court of Appeals Tuesday agreed that a woman’s lawsuit against State Farm Mutual Automobile Insurance Co. should be dismissed because state law creates no obligation for an insurer to provide advance notice to an insured that it uses in-house counsel to defend its policyholders.
Judges affirm sniff search in hotel did not violate guest’s constitutional rights
A trial court properly admitted contraband seized from a woman’s hotel room into evidence, the Indiana Court of Appeals ruled Wednesday. One judge on the panel departed from his colleagues’ need to discuss that the officers’ search was justified because they acted in good faith.
Valparaiso attorney slapped with 5th felony charge
Valparaiso attorney Clark Holesinger, charged last month with four felony counts alleging he stole more than $1.6 million from clients, now faces a fifth count alleging theft from another client.
Court of Appeals saw fewer cases in 2013
The Indiana Court of Appeals in 2013 received and decided fewer cases than in any of the five prior years, according to the court’s annual report released Tuesday.
Supreme Court: Father’s consent not needed in adoption
A father who had been incarcerated and failed to keep up with support payments wasn’t denied due process when the children’s mother remarried and her new husband adopted the children.
Miranda warning given during police interview makes confession admissible
A defendant’s confession made during a police interrogation is admissible because while officers questioned the defendant in what they called a “pre-interview,” they Mirandized him before he confessed.
Small-claims hearsay letter properly admitted
A dentist’s letter that said a man suing him had never complained about the service he received was not improperly admitted in a small-claims collections action, the Indiana Court of Appeals ruled.
Justices: Inmate will serve longer term for punching prison worker
A Department of Correction inmate serving a 17-year sentence was improperly given credit time that reduced his sentence for punching a prison worker in the face.
Medmal claim sent via FedEx before deadline was timely filed
A medical malpractice complaint was timely filed when an attorney delivered it to Federal Express a day before the statutory deadline, the Indiana Supreme Court ruled, reversing lower court orders and remanding the complaint to the trial court.
Judge: Case not made for airport justice center site
The judge who has authority over Marion County court facilities is casting doubt on the city’s preferred site for a Criminal Justice Complex at Indianapolis International Airport.
Disciplinary Actions – 3/12/14
Read who’s been suspended recently by the Indiana Supreme Court.
Fort Wayne case may force SCOTUS to define who qualifies as a minister
Since the Supreme Court of the United States weighed in on “ministerial exception” in January 2012, cases have been percolating across the country spurred by religious institutions claiming the exception as protection against employee discrimination lawsuits.
When non-competes don’t fly
Aviation mechanic Joe Guinn lost a job when his former employer sought to enforce a non-compete clause, but he won an appellate ruling that the company may have engaged in tortious interference with his subsequent employer.
Copyright infringement spurs knife fight in Warrick County
A copyright infringement dispute between two out-of-state companies has spurred criminal charges in Warrick County, a place where neither business has facilities, employees or quite possibly ever visited before these charges were brought.
Judge Tinder’s retirement plans leaked
7th Circuit Court of Appeals Judge John Tinder plans to retire from the 7th Circuit bench when he turns 65 next February – news that became public in early March after a clerk applicant shared a letter from Tinder with the legal blog Above the Law, which posted the letter.