Justices take grandparent visitation, divorce cases
Cases involving grandparents’ visitation rights and modification of parental custody orders have been added to arguments that will be heard by the Indiana Supreme Court.
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Jurors may be asked mental health, suicide questions in Shuai case
Potential jurors in the high-profile trial of a Chinese immigrant charged with murder for the death of her newborn daughter won’t have to disclose their religious or political views, but they will be asked whether they or people close to them have been treated for mental health issues, suffered the loss of an infant or attempted suicide.
Justices rule defendant’s confession came under ‘increasing coercive pressure’
Incriminating statements made to detectives during an early morning interrogation in the county jail have been thrown out by the Indiana Supreme Court because the defendant had invoked his right to counsel at an interrogation two days before.
Contempt conviction for failure to testify affirmed
A woman who refused to answer questions about another criminal defendant after she was granted immunity was not wrongly convicted of contempt of court, an appellate panel ruled Friday.
Appeals court tosses 1 of man’s 6 drug convictions
A man found guilty of multiple drug charges will have one conviction vacated because he was subjected to double jeopardy, the Court of Appeals ruled Friday.
Appeals court reinstates trucker’s wrongful death suit
A trial court erred in granting summary judgment for an axle manufacturer sued by the estate of a contract truck driver who died when a load fell on him in an accident that occurred while the facility was closed.
Justices vacate transfer in pot bust case heard in Merrillville
A divided appellate court ruling upholding a marijuana conviction resulting from a tip that led to a traffic stop will stand after the Indiana Supreme Court vacated transfer.
Judge sets hearing on Conour bond revocation bid
A judge Thursday set a hearing to determine whether former personal injury attorney William Conour will remain free pending his federal wire fraud trial.
Judge’s opinion keeps colleague in suspense
7th Circuit Court of Appeals Judge Richard Posner had a fellow judge on the edge of his seat Thursday waiting to see how the opinion in a murder case would be decided. The court upheld a prisoner’s conviction of first-degree murder of the prisoner’s cellmate.
COA: Social worker able to testify as expert witness
A social worker who testified about a parenting assessment at a termination of parental rights hearing was properly allowed to testify as an expert witness, the Indiana Court of Appeals ruled, because the Indiana Rules of Evidence control. The judges affirmed the termination of a mother’s parental rights to her two young sons.
Ephedrine database allowable under business record hearsay exception
The Indiana Court of Appeals held Thursday that a National Precursor Log Exchange report documenting the purchases of ephedrine and pseudoephedrine by a defendant are allowed into evidence under the business record exception to the hearsay rule.
Aromatherapy distributors challenge new ‘look-alike’ synthetic drug law
Four companies that sell novelty items, aromatherapy products and other items have filed a lawsuit against Indiana’s prosecutors, alleging a newly enacted law that makes it illegal to possess or deal “look-alike” synthetic drugs is unconstitutional.
Insufficient notice voids tax deed
The Indiana Court of Appeals found a Carroll County man should be allowed to make a redemption payment to obtain five parcels of real estate owned by his mother that were put in a tax sale. The failure to comply with the statutes governing tax sales and redemption rendered void a tax deed on the properties assigned to someone else.
Man ineligible to bring belated appeal
Because his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his sentence under Ind. Post-Conviction Rule 2.
First Merchants Bank accused of overdraft fee violations
A lawsuit alleges that Muncie-based First Merchants Bank manipulated the timing of customers’ transactions to cause their checking accounts to bounce more frequently, generating millions of dollars in overdraft fees.
COA addresses first impression issue regarding education under civil rights law
The Indiana Court of Appeals – with one judge reluctantly doing so – affirmed a decision by an administrative law judge that found a religious organization unlawfully retaliated against a family by expelling them from the homeschooling group. The expulsion occurred after the family sought a dietary accommodation for their teenage daughter at a social event and later filed a complaint with the Indiana Civil Rights Commission.
Federal judge keeps alive Rock case vs. NCAA
A federal judge has left the door open for a former Division I college football quarterback to pursue his claim that the NCAA constitutes an illegal college sports monopoly, allowing him to amend a complaint that had been dismissed.
Judges rule cop won’t have new trial on murder, arson charges
An Evansville police officer who killed his mistress more than 20 years ago wasn’t able to convince the Indiana Court of Appeals Wednesday that he is entitled to post-conviction relief.
Ex-wife not required to pay attorney fees under FDCPA
A woman does not have to pay the attorney fees for her ex-husband after she sought more than $135,000 in owed child support after he failed to pay for 16 years, the Indiana Court of Appeals ruled. The trial court ordered her to pay the fees under the Fair Debt Collection Practices Act.
Against court orders, Conour auctioned art for $10k
Former personal injury attorney William Conour claims his ex-wife is in possession of most of the items the government says are missing from his Carmel home, but he acknowledged auctioning sculptures for $10,000 in an apparent violation of bond conditions in his federal wire fraud case.