Articles

Court rules on inclusion of survivor benefits in child support obligation

The Indiana Court of Appeals was faced with a situation not specifically addressed in the Child Support Guidelines and Commentary or in any Indiana case – whether Social Security survivor benefits paid to children due to the death of a custodial parent’s subsequent spouse are or should be included in the custodial parent’s weekly gross income.

Read More

Justices clarify previous decision on Criminal Rule 4(B)

The Indiana Supreme Court clarified the ambiguity within its precedent on the issue of whether an incarcerated defendant has the right to be tried within 70 days under Indiana Criminal Rule 4(B) when the defendant is being held for an unrelated offense and not on the charges for which the speedy trial is demanded.

Read More

Jackson County joins Odyssey

Jackson County is the latest county to go online with the case management system, Odyssey, which is implemented by the Indiana Supreme Court’s Division of State Court Administration’s Judicial Technology and Automation Committee.

Read More

Judges order trial in drunk driving case

The Indiana Court of Appeals upheld the partial denial of a defendant’s motion to suppress evidence, finding that the trial court properly determined that the evidence seized by the uniform on-duty police officers shouldn’t be suppressed pursuant to the exclusionary rule.

Read More

Pool’s owner did not breach any duty owed to boy

The Indiana Court of Appeals affirmed a jury verdict in favor of the owner of a pool in a lawsuit filed by the father of a young boy who drowned in the pool. The appellate court found the trial court did not abuse its discretion in giving certain jury instructions.

Read More

Judges uphold termination of parental rights

The Indiana Court of Appeals found ample evidence that a mother took little to no steps to correct the problems that led to her son’s removal and continued placement out of her care, so it affirmed the termination of parental rights. In its opinion, the judges also discussed Indiana Evidence Rule 201(b) regarding judicial notice of “records of a court of this state.”

Read More

Judges rule on lease dispute involving hospital

The Indiana Court of Appeals concluded that a hospital did owe rent to the property owner for a broken lease involving a third party, but the damages the trial court ordered the hospital pay need to be reconsidered.

Read More

Defendant’s fleeing justifies delayed arrest

The Indiana Court of Appeals has upheld the revocation of a man’s suspension for probation violations after finding the trial court did not err in ordering the man serve the remainder of his originally suspended sentence.

Read More

Nephews’ appeal over estate dispute dismissed

Even though the trial court said its order regarding a petition to set aside a family settlement agreement was final and appealable, it was not, so the Indiana Court of Appeals dismissed an appeal sua sponte.

Read More

Judges uphold murder conviction

The Indiana Court of Appeals found the evidence that a defendant committed murder was overwhelming, so any suppression of a witness’s testimony by the prosecution was no more than a harmless error.

Read More

Accident not covered under insurance policy

A man who was involved in a car accident while riding in his friend’s vehicle lost his appeal in which he argued that his friend’s car was a temporary substitute for his own and he should be entitled to underinsured motorist coverage.

Read More

Shepard to attend 4th commencement

Since stepping down from the Indiana Supreme Court in March, former Chief Justice Randall T. Shepard has been busy attending college graduations. On Friday, he will visit his fourth school, New England Law – Boston, and deliver the commencement speech.

Read More