Indiana Supreme Court appoints attorney to fill Judge Brown’s post
Indianapolis criminal defense attorney David Cook has been appointed as judge pro tempore to fill the duties of suspended Marion Superior Judge Kimberly Brown.
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Divided panel: OWI-causing-death retrial not double jeopardy
A majority of an Indiana Court of Appeals panel upheld a man’s conviction and 14-year sentence for driving while intoxicated causing death, but a dissenting judge said the unusual case history that led to the outcome constituted double jeopardy.
Court affirms higher home assessment as compared to neighbors
The Indiana Tax Court Thursday affirmed the 2007 assessment of a property in an upscale community on Lake Michigan, rejecting the homeowner’s argument that the assessment should be lower because surrounding homes were assessed at a lower ratio when taking into account the prices at which the homes were sold.
Split opinion: Disclosure of insurance policy limit is reversible error
Ruling on an issue of first impression, a divided panel of the Indiana Court of Appeals on Friday rejected a jury’s award of $250,000 to the widow of a motorcyclist injured in a crash. The majority remanded for a new trial, holding that disclosure of uninsured motorist policy limits was irrelevant and prejudiced the jury.
Appeals panel upholds $3.9M verdict for bicyclist hit by school bus
A student riding his bicycle to school on Washington Street in Indianapolis was hit by a school bus and critically injured, and a jury’s $3.9 million judgment in his favor was proper, the Indiana Court of Appeals ruled Friday.
Judges reverse possession of meth, paraphernalia convictions
In a consolidated appeal, the Indiana Court of Appeals reversed a Huntington County man’s convictions and sentences for possession of methamphetamine and paraphernalia, ruling the trial court abused its discretion in admitting evidence purportedly seized in violation of the Fourth Amendment.
COA: Teen who shot cows did not mutilate or torture them
The Indiana Court of Appeals Thursday reversed a teenager’s adjudications for cruelty to an animal after finding the evidence was not sufficient to prove he mutilated or tortured either cow he shot.
COA: Insurers have no duty to defend in environmental case
The Indiana Court of Appeals reversed the decision by an Indiana court relying on Maryland law that granted summary judgment and defense costs to a business whose product led to perchlorate contamination in California and Indiana.
Court upholds suppression of mentally ill man’s confession
Citing an inadequate Miranda warning and the mental illness a murder suspect has, the Indiana Court of Appeals affirmed the grant of the defendant’s motion to suppress confessions that he murdered two women.
IndyBar releases judicial candidate survey results
A Marion County Superior judge currently suspended pending final disciplinary action was overwhelmingly not recommended by her peers to be re-elected, according to a survey released by the Indianapolis Bar Association’s Judicial Excellence Committee.
Improper conduct by trial court does not require reversal of contempt order
The Indiana Court of Appeals Tuesday found a trial judge committed some improper conduct during a hearing on a protective order, with one judge noting the court was “precariously close to crossing the line” when intervening in the proceedings. Despite this, the appellate court affirmed the order of contempt in favor of the petitioner.
7th Circuit affirms above-guideline sentence for gun possession
The District Court did not abuse its discretion in sentencing a man who pleaded guilty to one count of possession of a firearm by a felon to a sentence above guidelines, the 7th Circuit Court of Appeals ruled.
Man wins partial victory in appeal of insurance dispute
The lawsuit filed by man who was hit by a car while crossing the street will continue with respect to the driver of the car, the Indiana Court of Appeals ruled. The judges affirmed summary judgment in favor of the driver’s insurer.
Justices send Boonville annexation case back to trial court
Multiple parcels of land acquired by the state for an adjoining public roadway should be counted as one parcel for purposes of remonstration, the Indiana Supreme Court ruled Tuesday.
Justices take case arguing retroactivity for revised criminal code
A man convicted of cocaine charges as a Class A felony and ultimately sentenced to 38 years in prison will get to argue to the Indiana Supreme Court that his punishment is disproportionate to the reduced offense that will take effect in July as part of Indiana’s revised criminal code.
Magistrate, expungement bills pass committee
Legislation updating Indiana’s expungement law – including language specifying where a petition for expungement must be filed – is now eligible for consideration by the full House. The expungement bill is one of several that moved out of committee Thursday.
Courts warn of email scam using phony court cases
The United States Courts cautioned attorneys this week about an email scam in which the emails purporting to come from federal and state courts are infecting recipients with computer viruses.
Beer wholesalers enlist lawmakers in fight against Monarch
The Statehouse is a common battlefield for factions in Indiana's alcoholic beverage industry, and this session, one group of beer wholesalers is firing shots in multiple directions.
Opinion affirms New Albany has zoning jurisdiction over fringe area of county
In a dispute between the city of New Albany and Floyd County concerning which entity has zoning jurisdiction over an unincorporated area outside city limits, the Indiana Court of Appeals affirmed summary judgment for the city.
Company can’t prevail in appeal on claims of collusion
The 7th Circuit Court of Appeals affirmed the confirmation of a sale of an ethanol plant in South Bend to a joint venture, rejecting a nonbidder’s claim that the establishment of the joint venture amounted to collusion that spoiled the auction.