State didn’t prove man committed trespass
The Indiana Court of Appeals reversed a criminal trespass conviction for a Marion County man after finding the state didn’t prove a material element of the crime.
Courts
Articles
Judge turns away challenge to smoking ordinance
A federal judge has denied a challenge to a smoking ordinance passed last year by the Indianapolis-Marion County City-County Council.
Majority sides with hotel in lawsuit stemming from molestation
A divided Indiana Supreme Court affirmed summary judgment for a hotel, its owner and the hotel franchisor that the hotel’s insurance company had no duty to defend a civil complaint brought by a minor motel guest who was molested by an off-duty employee.
Law symposium to look at patient responsibility
This year’s Indiana Health Law Review Symposium at Indiana University Robert H. McKinney School of Law will explore patient responsibility as a key to improving the health care system.
School corporation’s renovation of building violated public bidding laws
The Indiana Court of Appeals ruled Wednesday that the Evansville Vanderburgh School Corporation’s renovation of a building to be used to house all administrative offices violated the state’s Public Bidding Laws.
Justices: Use preponderance of evidence standard to find probation violation
Kimberly Heaton will have a new hearing on whether she violated the terms of her probation when she was charged with Class D felony theft. The Indiana Supreme Court vacated her probation revocation because a Madison Superior judge may have used the wrong legal standard to find the violation.
Justices rule in favor of insurer in dispute over canceled policy
The Indiana Supreme Court affirmed summary judgment for American Family Insurance in a lawsuit filed by a couple after the insurer denied coverage for a 2003 fire at their home and voided the insurance policy from its beginning.
U.S. Justice Clarence Thomas visits Notre Dame Law School
U.S. Supreme Court Associate Justice Clarence Thomas is at Notre Dame Law School Tuesday and Wednesday as the Judge James J. Clynes Visiting Chair. He will visit several law classes and speak with students and faculty.
COA: Court properly denied instruction on innocence
A Lake Superior Court did not abuse its discretion in denying a jury instruction on the presumption of innocence submitted by a man on trial for murder and neglect of a dependent, the Indiana Court of Appeals ruled Tuesday.
Man to get new trial because of counsel’s performance
Because the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,” the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.
Judge tosses suit against NCAA that reads ‘like a press release’
A federal judge on Friday dismissed several former college athletes’ attempt to bring a class-action lawsuit against Indianapolis-based NCAA, writing in a 25-page order that the complaint “reads more like a press release than a legal filing.” The judge left open the possibility that an antitrust claim may survive.
Lampoon: Durham used $1M from company to pay attorney
A film company once headed by Indianapolis financier Tim Durham says he transferred $1 million to his Indianapolis lawyer, John Tompkins, while fighting federal securities fraud charges
Judges uphold $600k sanction for contempt
After initially vacating a District judge’s $600,000 sanction against SonCo Holdings for contempt of court and remanding it to the lower court for more proceedings, the 7th Circuit Court of Appeals upheld the sanction Friday.
7th Circuit affirms kidnapping and extortion convictions, sentence
Finding no error in the admittance of three photo identifications of a defendant following charges of kidnapping and extortion, the 7th Circuit Court of Appeals upheld Lamar Sanders’ convictions and 25-year sentence Thursday.
5 sitting jurists to judge moot court competition Friday
A panel of distinguished judges, including one from the 7th Circuit Court of Appeals, will be on hand Friday evening to hear final arguments in a case involving judicial recusal and eminent domain as part of the Indiana University Maurer School of Law Sherman Minton Moot Court Competition.
Settlement talks set for Don Marsh severance dispute
Lawyers for Marsh Supermarkets Inc. and its former CEO are set to meet Monday in hopes of finally ending their years-long court battle in which the company already has notched a partial victory.
Allen Superior magistrate resigns suddenly
Allen Superior Magistrate Judge Marcia Linsky resigned Tuesday without prior notice.
Judges uphold refund to pilot unhappy with plane rental’s service
A man who prepaid into an account to be used when he rented planes to fly is entitled to a refund of $1,755.88 from a company offering flight instruction and rentals, the Indiana Court of Appeals ruled. The judges rejected the company’s claims that the small claims court erred by ruling in the pilot’s favor.
Rehearing sidesteps state’s claims in battery case
On a petition for rehearing, the state claimed a recent decision by the Indiana Court of Appeals held that “a social worker would always be a declarant in child abuse cases, even when the social worker is merely a scribe.” But the judges disagreed and decided that this particular case is not the proper one to make such a blanket determination.
Man’s 100-year sentence for impregnating stepdaughter, dealing drugs upheld
After pleading guilty to child molesting and dealing in hydrocodone, a Dearborn County man was unable to convince the Indiana Court of Appeals Thursday that his 100-year aggregate sentence should be reduced.