Legislature’s criminal law and courts committees continue interim studies
Indiana legislative study committees examining the criminal code and courts will hold separate hearings on Oct. 8 at the Indiana Statehouse.
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Articles
Justices to weigh civil court rulings in criminal wrongful death case
A Lake County civil case filed against a driver who hit a woman causing fatal injuries will go before the Indiana Supreme Court to determine whether the court’s preliminary motions delaying the case were proper.
Misplaced court order not the same as undelivered, COA rules
Reviewing an appeal arising from a misplaced court order, the Indiana Court of Appeals has made clear that relief under Indiana Trial Rule 72(E) requires evidence that counsel did not receive the court’s notice.
Indecision over peremptory challenge waives defendant’s ability to appeal
A defense counsel’s courtroom debate over how to use his final peremptory strike prohibited the defendant from appealing the trial court decision to retain a juror who raised concerns about impartiality.
Failure to object to anonymous jury not ineffective assistance
A man convicted of murdering his 39-week-pregnant estranged wife cannot claim he received ineffective assistance of counsel because his attorney failed to object to an anonymous jury, the Indiana Court of Appeals ruled Monday.
Ruling: Magistrate improperly heard support case assigned to special judge
A father whose lawyer was surprised to see a magistrate presiding at his child support modification hearing that had been docketed with a special judge won a new hearing from the Indiana Court of Appeals on Monday.
No cash refund required for defective chest of drawers, COA rules
Although the Indiana Court of Appeals noted that the adage “buyer beware” did not apply, it still found that a customer who discovered a defect in a piece of furniture after purchase was not entitled to a cash refund.
Justices decline to suspend Marion Superior judge, appoint masters
The Indiana Supreme Court on Monday declined to suspend Marion Superior Judge Kimberly Brown over a 45-count disciplinary complaint lodged against her, but appointed three special masters to hear the case on an expedited basis.
Small-claims change of judge time limit further divides appellate courts
How long a small-claims court litigant has to request a change of judge is a question that divided a Court of Appeals panel Monday, where a majority found that an earlier appellate panel majority got it wrong. The dissenting judge authored the prior opinion, and said it shouldn’t be disturbed even if it may have been wrongly decided.
No evidence that missed deadline was result of ineffective attorney
A Boone County man’s failed attempt to get a jury trial was not the result of ineffective counsel but because he missed the statutory deadline, the Indiana Court of Appeals ruled.
Justices pass on Star anonymous online commenter case, reinstate order to identify
The Indiana Supreme Court chose not to further review long-running litigation involving whether The Indianapolis Star must reveal the identity of an online commenter. The decision came one day after justices heard oral arguments.
Summary judgment improper in non-compete clause appeal
A trial court erred in granting summary judgment in favor of a former employer that sought to exercise a non-compete clause in the contract of an airline mechanic who went to work for another company.
Panel affirms molesting conviction, rejects vouching, competency challenges
A man’s conviction of Class A and Class C felony child molesting was affirmed by the Indiana Court of Appeals Monday as judges rejected challenges of the victim’s competency to testify and whether the court allowed vouching testimony by multiple witnesses.
No immediate impact on courts if government shuts down
The federal judicial system will conduct business as usual, even if Congress fails to reach a funding agreement before midnight tonight.
Indy attorney ID card fee to increase, but so should perks
The fee lawyers pay for identification allowing them to avoid security checkpoint lines at the City-County Building in Indianapolis will increase, but so will the functionality of the cards, according to a proposal adopted Friday.
Registration and IOLTA deadline looming
Time is running out for Indiana attorneys to complete their annual attorney registration payments and IOLTA certification. The deadline is Oct. 1.
Irked judge in tanning trademark dispute: ‘This is a busy Court’
A federal judge warned a tanning product maker and lawyers defending it from a trademark infringement claim that they were dangerously close to getting burned.
Retired Indiana chief justice assures ND law students ‘it will turn out well’
Notre Dame law students received words of comfort and encouragement about their decision to become lawyers from an Indiana jurist who is leading a massive study of the cost and content of legal education.
Tax sale stands even though mortgage holder not notified
The Indiana Supreme Court upheld 20 years of precedent in finding that a county auditor is obligated to notify a mortgage holder of an impending property sale only when that mortgage holder specifically requests a notice.
Justices: Child support agreement must apply changing guidelines
A father whose annual income included varying bonuses and commissions is obligated to provide child support payments in line with evolving guidelines, despite a support agreement made a year earlier than the rules were revised, the Indiana Supreme Court ruled.