The Indiana Court of Appeals has upheld the decision to release a surface mining reclamation bond obtained by a mining company, finding the reclamation requirements of the Indiana Surface Mining Control and Reclamation Act have been satisfied.
The Indiana Court of Appeals has ordered a woman convicted of killing her son by setting fire to their home in 1996 receive a new trial, although one judge believed she did not meet her burden to prevail on appeal from the denial of her petition for post-conviction relief.
The Indiana Supreme Court has affirmed the outcome of a case between Family and Social Services Administration and a decertified intermediate care facility, in which the net result was a wash for both sides.
The majority of Indiana justices ordered a new trial on liability for a school corporation being sued for wrongful death, finding one of the jury instructions could have misled the jury about a key issue regarding liability.
The Indiana Supreme Court has held that a tortfeasor’s vehicle was underinsured according to state statute because the benefit amount actually paid to a woman was less than the per-person limit of liability of the underinsurance endorsement of an insurance policy that applied to all the family members involved in the accident.
The 7th Circuit Court of Appeals has ordered the trial court to take another look at two cases combined on appeal, which stem from the death of an inmate at the Elkhart County jail.
The Indiana Supreme Court has found that a man convicted of helping to rob a restaurant did not preserve the issue of whether the trial court properly determined he was a habitual offender that could receive an enhanced sentence.
The Indiana Court of Appeals has affirmed a trial court in finding a man who is mentally ill was nevertheless aware of the wrongfulness of his actions.
The Indiana Supreme Court has determined that not enough evidence of intent existed for a judge to grant summary judgment for a bank alleging a business owner committed fraud.
In a man’s appeal of the denial of petition for post-conviction relief, in which he claimed ineffective assistance of his trial and appellate counsel, the Indiana Court of Appeals was divided on whether his appellate counsel was ineffective and if caselaw prevented the trial court from considering charges outside of the guilty plea.
The Indiana Supreme Court has issued an answer to a certified question about how state law plays into a federal railroad right-of-way case that involves property owners who want their land rights back for easements that once belonged to a railroad company.
The Indiana Court of Appeals found under the plain language of a woman’s insurance policy, the woman did what was required of her by the policy to pursue an underinsured motorist claim.
The Indiana Supreme Court sided with the federal courts that have concluded courts may consider one’s Social Security income when determining how much a person may pay in restitution.
The Indiana Court of Appeals has ordered the lower court to take another look at the division of a husband’s pension, finding the court used the wrong number in its decision.
The Indiana Court of Appeals has upheld the modification of a custody order giving the father primary custody of his son, finding the trial court didn’t abuse its discretion in deciding that the boy’s physical and mental/academic maturation constituted a substantial change warranting the change in custody.
The Indiana Supreme Court has adopted the full opinion of the Indiana Court of Appeals, which upheld the decision by a trial court not to give a defendant’s tendered instructions on lesser-included offenses of murder.
The Indiana Supreme Court accepted transfer to five cases last week, including a challenge to the school voucher program.
Gov. Mitch Daniels signed legislation last week that gives Johnson Superior Court a fourth judge and Allen Circuit Court another full-time magistrate, and an enrolled act that makes changes to the Department of Child Services.
The Indiana Supreme Court has held that companies purchasing online promotional materials from outside the state must pay a use tax when those materials are distributed within Indiana.
The Indiana Supreme Court has clarified that a defendant who claims forum-shopping has happened in a criminal case does not need to establish prejudice in order to prevail on appeal.