Judges reduce restitution award stemming from correctional officer attack
A partial permanent impairment settlement cannot be considered by a trial court when imposing restitution, the Indiana Court of Appeals held Tuesday.
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7th Circuit: Man’s offense level for selling gun was properly increased
The 7th Circuit Court of Appeals Monday affirmed the 60-month sentence imposed on a convicted felon prohibited from possessing a gun who sold the weapon to a man who was also prohibited from possessing a gun. The judges held that the District Court properly increased Darnell Jackson’s offense level because he committed separate offenses.
Court affirms CHINS finding of child abandoned by parents
The Indiana Court of Appeals rejected arguments by parents that their son should have been found to be a child in need of services under Indiana Code 31-34-1-6 because he substantially endangers his own health or the health of his family members. The appellate judges affirmed the CHINS finding under I.C. 31-34-1-1 that the parents had abandoned the child once he was placed in an emergency shelter.
Official declines to rule out airport location for Criminal Justice Complex
Marion Superior judges Monday heard an update on a proposed Criminal Justice Complex, and one asked if “we can put to rest” speculation that the courts and jail would move to a site at Indianapolis International Airport.
Civil case filing now all electronic in Northern District
Beginning Monday, all new civil cases filed by counsel will be filed electronically in CM/ECF, the U.S. District Court for the Northern District of Indiana has announced. Electronic filing will become mandatory as of Feb. 24.
Disability, religious-freedom claims clash at Indiana Supreme Court
An argument over dinner has taken on First Amendment religious-freedom and disability-protection dimensions before the Indiana Supreme Court.
Marion County judges may tour other cities’ unified justice complexes
Marion Superior judges may soon visit cities having centralized justice centers to tour those facilities as Indianapolis and county officials move forward with plans for a Criminal Justice Complex.
Marion County Small Claims bill may be headed for study committee
Legislation that would require Marion County Small Claims judges to select among themselves an administrative judge to carry out the duties currently performed by the Marion Circuit judge passed the Senate Judiciary Committee Wednesday. The committee also is asking for a study committee to look at Small Claims court administration.
Evidence doesn’t show couple knew of mold when selling home
The Indiana Court of Appeals affirmed rulings in favor of the sellers of a home which later was found to contain mold. The buyers sued, claiming the sellers knew of the mold at the time of the sale, but the judges found the evidence shows otherwise.
Court affirms 86-year-old uncle could consent to search
The 7th Circuit Court of Appeals rejected a defendant’s argument that his elderly uncle was a confused old man who was out of touch with reality and, therefore, unable to consent to a search of his home when police showed up looking to serve an arrest warrant. The search led to the arrest of the grandson on drug and weapons charges.
Arguments rejected in juvenile molestation appeal
An 11-year-old boy adjudicated delinquent for acts that would be Class B and Class C felony child molesting if committed by an adult failed to persuade a Court of Appeals panel Friday that statutes as applied to him are unconstitutionally vague and the evidence didn’t support a true finding.
7th Circuit vacates child porn supervised-release condition
The 7th Circuit Court of Appeals vacated a sentence for possession of child pornography Thursday that it ruled imposed an unconstitutionally vague condition of supervised release. The court affirmed, in the case, convictions of attempting to distribute heroin and illegal possession of a firearm.
Justices fine Bloomington lawyer, suspend Indy attorney
The Indiana Supreme Court has fined a Monroe County attorney for practicing law while suspended. This week, the justices also suspended an Indianapolis attorney who pleaded guilty to felony wire fraud.
Man will receive surplus on sheriff’s sale credit bid
The Indiana Court of Appeals awarded a Grant County man nearly $375 after finding a surplus was owed to him when his property sold at a sheriff’s sale for more than what was calculated by the trial court based on an agreed judgment between the man and the bank.
Judges rule in favor of daughter in payment dispute with nursing facility
A woman who signed a move-in agreement at a skilled nursing facility as a “responsible party/agent” for her mother was able to prove to the Indiana Court of Appeals she should not be liable for money owed by her mother for care while at the facility.
Divided court reverses teen’s intimidation adjudication
Split over whether a teen’s threats toward his grandfather were intended to place the man in fear of retaliation for a prior lawful act, two Indiana Court of Appeals judges reversed a teen’s delinquency adjudication for committing intimidation.
Judges affirm denial of credit time for man on electronic monitoring
After evaluating the statutory provisions concerning sentencing, electronic monitoring and deferral programs, the Indiana Court of Appeals ruled it was within the trial court’s discretion to deny a man credit time toward his sentence for time he spent on electronic monitoring while participating in a drug court program.
COA split over whether damages are punitive
The Indiana Court of Appeals released a divided opinion Wednesday on the issue of whether damages awarded under the Indiana Sales Representative Act are punitive in nature. The majority affirmed the trial court’s ruling that damages awarded under the Act would be subject to the evidentiary standard, limitation and diversion provisions of Indiana’s punitive damages statute.
State drops charge against woman held 154 days for 2-day sentence
A Clark County woman improperly jailed more than 150 days was freed earlier this week when prosecutors discovered she was still being held after an order that she spend 48 hours in detention.
COA finds attorney was not ineffective
The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”