Some Indiana Supreme Court, COA oral arguments canceled
Several oral arguments scheduled to be heard by both the Indiana Supreme Court and the Indiana Court of Appeals have been canceled as of Wednesday.
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COA: Motion to suppress should be granted because officers lacked probable cause
A visitor who was present during a home detention check that resulted in the discovery of illegal drugs and ended with him in handcuffs secured a reversal from the Indiana Court of Appeals on Wednesday. The court found officers lacked probable cause to search the man and reversed his denied motion to suppress.
Reversal: Fired lawyer cannot seek attorney fees ‘separate and apart’ from client
A Crown Point attorney who was fired by her client in a long-running juvenile paternity case had no right to then intervene in the case to seek an award of attorney fees from the opposing party, the Indiana Court of Appeals ruled Wednesday, reversing the trial court.
US Courts report drop in appellate filings, increase in immigration defendants
Prosecutions against immigrant defendants and cases involving diversity of citizenship saw higher numbers last year, according to the United States Courts’ Annual Report and Court Statistics for 2019. Meanwhile, appellate filings dropped nationwide.
Federal Bar Update: By the (hand)book: Jurisdiction, jurisdiction, jurisdiction
Federal courts are limited jurisdiction tribunals. As such, the federal judiciary carefully guards subject-matter jurisdiction, ensuring at multiple stages of a case, and in the trial court and on appeal, that the case is properly in federal court. Examples of jurisdictional issues abound in federal district courts and are scrutinized in the 7th Circuit, as well.
Indiana must recognize both spouses in female same-sex marriages as parents
A federal court issued an order Tuesday requiring Indiana to include non-birth mothers’ names on their children’s birth certificates, marking a milestone in a long legal battle.
Conviction affirmed for intoxicated woman found in parked, running vehicle
The Indiana Court of Appeals has affirmed the conviction of a woman who was found intoxicated in her running but parked vehicle, finding sufficient evidence to support that she was operating the vehicle at the time law enforcement found her.
Justices to hear arguments in stoplight outage crash suit against IPL
Oral arguments in a negligence case brought by a family severely injured in a crash in a traffic intersection after a 2016 storm will be heard by Indiana Supreme Court justices this week. Per an order issued Monday, attendance at the argument will be limited to parties and counsel, but the argument may be viewed online.
Pagano appointed judge pro tem in Lake Superior Court
Lake Superior Court Judge Clarence Murray will temporarily step down from his seat on the bench after informing the court that he would be unable to perform the duties of his office due to health reasons.
Adams County drug court judge abused office, discipline charges say
A northeastern Indiana judge who intervened on behalf of an employee of his drug court in a dispute with other county officials over her benefits committed judicial misconduct, an agency of the Indiana Supreme Court alleged Friday.
$1.8M restitution order vacated in car dealership fraud
The 7th Circuit Court of Appeals has reversed and remanded for the recalculation of restitution to be paid by a man involved in fraudulent activities at an Indianapolis car dealership.
COA: Staffing firm must pay attorney fees in breach of contract dispute
A recruiting and staffing firm did not convince the Indiana Court of Appeals on Friday that it should not have to pay attorneys fees requested by a former contractor in a breach of contract dispute.
Supreme Court petitioned on police officers’ legal immunity
James King had no idea that the men who grabbed him and took his wallet were plainclothes officers looking for a fugitive. King’s case is one of several taken up by the Arlington-based Institute for Justice in an effort to get the U.S. Supreme Court to reconsider the “qualified immunity” doctrine, which frequently shields police officers and other government agents from lawsuits when they are accused of violating a person’s constitutional rights.
CASAs share experiences, hopes for Hoosier kids at 30th anniversary celebration
Compassion. Persistence. Patience. These are shared qualities that Indiana’s court appointed special advocates have when working with thousands of Hoosier kids in the child welfare system each year. Indiana Lawyer spoke with a few of those advocates about their personal experiences as CASAs following a 30th anniversary celebration of the Indiana Office of GAL/CASA on March 4.
DNA under victim’s nails leads to arrest in 2000 Indianapolis killing
A northern Indiana man has been charged in the 2000 killing of a man found dead in an Indianapolis hotel room after his DNA matched DNA found beneath the victim’s fingernails, prosecutors said.
Indy 16-year-old pleads guilty to killing siblings, gets 40 years
An Indianapolis teenager charged as an adult pleaded guilty Wednesday to two counts of murder in the August shooting deaths of two siblings.
COA affirms charges brought under new cause number
The Indiana Court of Appeals has affirmed the denial of a man’s motion to dismiss charges brought against him in a new cause after the state sought to refile the case to tidy up the record, finding no abuse of discretion in the decision.
Denial of motion to suppress affirmed in traffic stop case
The Indiana Court of Appeals has affirmed the denial of a man’s motion to suppress evidence of narcotics discovered in his vehicle during a traffic stop after a tip that he had been using drugs in his Purdue University dorm room.
Reversal: Transgender name change permitted; trial court admonished for disrespect
A transgender man denied a motion to privately change his name and gender on his birth certificate won a reversal from the Indiana Court of Appeals, which admonished a trial court for denying the man’s petition and treating him disrespectfully.
Reversal: Orange County man’s child molesting conviction improperly elevated
The Indiana Court of Appeals has ordered a man convicted of child molesting resentenced. The panel found his felony conviction was improperly elevated and cautioned the trial court regarding consideration of his uncharged allegations on remand.