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Differing interpretations of statutory language puts the state of Indiana and the Court of Appeals at odds.
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Filings continue to drop, as does funding for Indiana courts
A sharp decline in infraction and ordinance-violation cases is among factors that resulted in courts around the state collecting considerably less revenue, according to data released in the annual Judicial Service Reports.
Kokomo lawyer skips town, leaving ‘mess’ behind
A Kokomo lawyer’s sudden abandonment of his law practice has left the local legal community scrambling to clean up a mess involving scores of ripped-off clients, some of whom learned of their attorney’s disappearance when they showed up for court dates and he didn’t.
Fewer cases being decided by juries, according to Indiana Supreme Court stats
The Indiana court system held 1,338 jury trials during 2012, continuing what court officials described as a “significant decline” across the state.
Rehearing on double-jeopardy appeal leads to same conclusion
An Indiana Court of Appeals panel was unmoved by a recent Indiana Supreme Court decision, and the appellate panel reaffirmed that a charge of sexual misconduct with a minor should not be dismissed against a defendant acquitted of rape based on the same incident.
Former university soccer coach’s lawsuit after charges dropped fails
The 7th Circuit Court of Appeals agreed with the lower court Monday that a lawsuit brought by a former soccer coach at Oakland City University against an arresting officer should be dismissed for being time-barred. Christian Serino alleged his constitutional rights were violated and multiple state-law torts were committed after trespass and resisting law enforcement charges against him were dropped.
Retailer properly terminated lease, COA rules in reversal
A retail chain that closed an underperforming store in a Hendricks County shopping center had a contractual right to do so under its lease, the Indiana Court of Appeals held in reversing a judgment in favor of the plaza owner.
Judge facing discipline refused to take deposition oath
Marion Superior Judge Kimberly Brown refused to be sworn during a deposition before the Judicial Qualifications Commission – a videotaped moment of defiance used against her Monday at the outset of her weeklong disciplinary case.
Judge sentences attorney Page to probation, fine
Attorney and real estate developer Paul J. Page will serve two years of probation and pay a $10,000 fine for concealing the source of a $362,000 down payment on his purchase of a state-leased office building in Elkhart.
SCOTUS to hear Indiana steelworkers’ case Monday
This question arising in an Indiana labor case will be before the Supreme Court of the United States on Monday: What does “changing clothes” mean?
Marion Superior judicial commissioners to get raises
Commissioners in Marion Superior courts will take a step toward pay equity with magistrates under a proposal approved Friday by the courts’ executive committee.
Tax Court lets owners’ appeal go forward in alleged ‘puppy mill’ case
The former owners of an alleged puppy mill in Harrison County may pursue their claim that because the state overreached in using jeopardy tax warrants to seize their animals and property, they are entitled to a refund of the value of the taken property.
State can’t keep interest earned on unclaimed property
The 7th Circuit Court of Appeals agreed Thursday with an Indiana woman acting as guardian for a relative that the state can’t retain the interest earned on unclaimed property once the owner files a valid claim to the property. Katherine Cerajeski argued that action by the state is a taking that violates the takings clause in the Constitution because the owner is paid nothing for his lost interest.
7th Circuit splits over Marion County Small Claims debt collection suit
Are Marion County Township courts “judicial districts” under the Fair Debt Collection Practices Act, thus allowing a man to sue a debt collector for bringing an action in an inconvenient township court? Depends on who you ask on the 7th Circuit Court of Appeals, as the majority ruled in favor of the debt collector Thursday.
Appeals panel rules former same-sex partner has standing to seek visitation
A former same-sex domestic partner of a woman who gave birth to a child has standing to seek visitation, the Indiana Court of Appeals ruled Thursday, reversing a trial court in an opinion begging lawmakers to speak to the rights of same-sex couples in parenting disputes.
Justices clarify sentencing order on remand
The Indiana Supreme Court granted a man’s petition for rehearing regarding his sentencing order, but again rejected his claim that concurrent sentences are required.
Man arrested for public intox at gas station has conviction reversed
Based on the language of the recently amended statute defining public intoxication, the Indiana Court of Appeals reversed a man’s conviction due to lack of evidence that he endangered his life or the life of someone else.
COA decides not to take video recording issue on interlocutory appeal
The Indiana Court of Appeals Thursday decided that it was improper for it to accept a man’s appeal of his motion seeking to exclude video recordings of video files found on his phone. The judges accordingly dismissed David Wise’s appeal.
Woman’s convictions did not subject her to double jeopardy
A woman who attempted to shoplift from an Indianapolis K-Mart was not subject to double jeopardy when she was convicted of resisting law enforcement and disorderly conduct. She argued the court could have based the convictions on identical facts.
School corporation sued by attacked students wins on appeal
A student who filed a lawsuit against his school corporation after he was assaulted by a fellow student while a teacher was in the hallway lost his negligence case on appeal Thursday. The Indiana Court of Appeals affirmed summary judgment in favor of the school.