Rejection of garnishment request upheld
A collection company seeking to garnish a woman’s wages in order to satisfy an alleged $1,800 debt was unable to convince the Indiana Court of Appeals that the trial court had to issue the garnishment order.
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Judges affirm defendant must register as sex offender as part of probation
A defendant who was convicted of robbery and rape, but whose rape conviction was vacated on double jeopardy concerns, can still be required to register as a sex offender as a condition of his probation, the Indiana Court of Appeals affirmed Thursday.
Defendant received ineffective trial counsel assistance in murder case
The Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter and the state’s burden of proof regarding sudden heat.
7th Circuit orders proposed plan of reorganization open to competitive bidding
The 7th Circuit Court of Appeals reversed a Southern District Bankruptcy judge Thursday, finding the judge incorrectly ruled that competition was unnecessary in a plan of reorganization involving a shopping center.
Witnesses: Don Marsh’s expenses never questioned
Lawyers for Don Marsh continue to hammer home their claims that the former supermarket CEO's expenses for lavish travel were widely accepted as normal business costs.
Judges interpret Probate Code statute in favor of bank
Finding that a bank did not receive proper notice in order to file a claim against an estate, the Indiana Court of Appeals reversed summary judgment in favor of the estate of Samuel Tolley on the bank’s two claims.
Justices decline to order mediation in walkout fines case
The Indiana Supreme Court issued an order Monday refusing to order mediation in the lawsuit filed by Democratic lawmakers after some of their pay was withheld following legislative walkouts in 2011 and 2012.
7th Circuit revises Pattern Criminal Jury Instructions
In light of the recent decision by the U.S. Supreme Court in Smith v. United States, 133 S. Ct. 714 (2013), the 7th Circuit Court of Appeals’ Pattern Jury Instruction Committee has revised the withdrawal instructions.
CVS to pay $400k to state over illegal billings to Medicaid
Indiana Attorney General Greg Zoeller announced Wednesday that CVS has agreed to a settlement to resolve allegations that its pharmacists submitted illegal billings for prescriptions to Medicaid for reimbursement.
Car’s color alone doesn’t support traffic stop
In a matter of first impression in the 7th Circuit Court of Appeals and federal courts, the judges were asked to consider whether a discrepancy between the observed color of a car and the color listed on its registration alone gives rise to reasonable suspicion of criminal activity.
Commission for children, appellate judge retirement age legislation moving
The Indiana Senate passed on second reading Tuesday legislation that will create a commission on improving the status of children in the state. The introduced version of Senate Bill 125 was prepared by the Department of Child Services Interim Study Committee.
David Marsh defends trips he took at company’s expense
Don Marsh's son David, who served under his father as president of Marsh Supermarkets Inc, traveled widely, often on the company jet, just as his father did.
7th Circuit affirms District Court in long-running nursing home litigation
More than a decade’s worth of litigation was tied up in a 21-page opinion from the 7th Circuit Court of Appeals on Tuesday, which affirmed decisions in favor of a landowner against the owners of a nursing home lessee.
Supreme Court affirms what is said in mediation, stays in mediation
A husband will not be able to offer as evidence comments made during a mediated settlement conference with his ex-wife, the Indiana Supreme Court has affirmed.
Transfer vacated, justices take no new cases
The Indiana Supreme Court last week vacated transfer in a criminal case and took up no new cases.
Sun Capital execs ‘shocked’ by Marsh financials
Any feelings of satisfaction that executives of Sun Capital Partners had after completing its acquisition of Marsh Supermarkets Inc. quickly turned to “shock and surprise,” a managing director of the private-equity firm told jurors Tuesday.
Bill enabling legislators to fight for immigration law in court gets hearing
State senators who are fighting to go to court to defend parts of Indiana’s immigration law – a law that Attorney General Greg Zoeller concluded could not withstand constitutional scrutiny – will hear a bill Wednesday that would give them the power to defend their measures in such cases.
Problem-solving courts cut recidivism, help defendants
Indiana House Bill 1016 proposes to let court staff provide some rehabilitative services and collect fees for them.
Indiana Sen. Mike Delph’s bills raise brows in legal community
Senator drops “loser pays” attorney fees plan, but other bills target grand juries and propose retention supermajority.