Man did not validly waive right to jury trial
The Indiana Court of Appeals reversed a Vanderburgh County man’s misdemeanor convictions of battery and public intoxication, finding he did not waive his right to a jury trial.
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Nurses may be expert witnesses in some standard of care disputes
The Indiana Court of Appeals declined Wednesday to create a blanket rule that nurses cannot qualify as expert witnesses under the Indiana Evidence Rule and testify as to whether a health care provider breached a standard of care or whether an alleged breach caused an injury.
Immigration law challenge moves forward in Northern District
U.S. Magistrate Judge Andrew P. Rodovich in Hammond Tuesday granted the state’s unopposed motion to lift the stay of a lawsuit in the Northern District challenging portions of Indiana’s immigration law dealing with employment.
Allen Superior Judge John Surbeck receives national judicial award
Allen Superior Judge John F. Surbeck Jr. received the 2012 William H. Rehnquist Award for Judicial Excellence from the National Center for State Courts, the nonprofit organization announced Tuesday. The award is presented annually to a state court judge who exemplifies the highest level of judicial excellence, integrity, fairness, and professional ethics.
JQC files charge against St. Joseph Judge Peter Nemeth
St. Joseph Probate Judge Peter Nemeth’s comments in denying an interpreter for an 18-year-old deaf person who was the subject of a guardianship proceeding have resulted in disciplinary charges filed by the Indiana Judicial Qualifications Commission.
ITT college director fails in federal appeal over dismissal
A former director of a California ITT Technical Institute campus failed to convince the 7th Circuit Court of Appeals that he was terminated because he complained about the way the school handled federally subsidized student loans and grants.
COA finds evidence supporting restitution order too flimsy
A victim of a burglary will have to turn to the civil process to get restitution after the Indiana Court of Appeals reversed and remanded with instructions a trial court’s order that provided the victim with $711.95 in compensation.
Grant gives victims and police easy access to protective orders
Indiana is the third state in the nation to launch the Hope Card program which will help law enforcement quickly identify and take action against individuals who violate protective orders.
Sentence affirmed for child molestation conviction
An Adams Circuit judge’s sentence of 90 years in prison for a man convicted of molesting two girls ages 7 and 9 and for being a habitual offender was not inappropriate, the Indiana Court of Appeals ruled Tuesday.
Appeals court sends dissolution lawsuit back to trial court
The dissolution of a family-owned limited partnership was remanded to a Lake County court Tuesday after the Indiana Court of Appeals ruled that the trial court erred in allowing some of the partners to pursue a derivative action.
Appeals court partially reverses denial of familial sale from trust
A trustee who canceled the sale of Johnson County farmland from mother to son was within her rights to do so, but the 91-year-old mother was capable of executing the agreement, the Indiana Court of Appeals ruled Tuesday.
Disciplinary actions – Aug. 17, 2012
Read who has been suspended by the Indiana Supreme Court.
Rehearings – 8/17/12
Updates on Indiana’s immigration law and the former Merrillville doctor facing hundreds of malpractice suits and other charges.
Concerns rise as revised parenting time guidelines near completion
A first-ever review of Indiana’s Parenting Time Guidelines is nearing completion. Among the proposed changes: New language dealing with online communication between parents and children, and revised rules regarding overnight visitation.
Indiana justice gender issue resurfaces
Experts say a lack of multiple female Indiana Supreme Court finalists raises concerns.
Dickson takes oath as Indiana chief justice
Indiana Chief Justice Brent Dickson formally took the oath of office Aug. 6 before more than 300 people in the atrium of the Indiana Statehouse.
The case against Bei Bei Shuai
Marion County Prosecutor Terry Curry never expected the prosecution of Chinese immigrant Bei Bei Shuai to become a cause célèbre. It also has become a battleground over prosecutorial discretion and how far a defense attorney can go in representing her client.
Justices again take utility’s case against Fort Wayne
A decade-long legal dispute between the city of Fort Wayne and a water utility will make a second appearance before the Indiana Supreme Court. The case was the only one of 28 in which a petition seeking transfer to the high court was granted for the week ending Aug. 10.
Trial court erred in abrogating homeowner’s obligation to pay fees to HOA
The Indiana Court of Appeals reversed a trial court’s ruling that changes in a gated residential vacation and retirement community were so radical as to abrogate a homeowner’s obligation to pay yearly fees to the homeowners association.
Doctor owed no duty to release prenatal records to adoptive parents
A New York couple who adopted a child born in Lake County lost their appeal of an unsuccessful negligence claim against a doctor who did not provide requested prenatal records that would have revealed the child’s significant brain abnormalities before the adoption was finalized.