Indiana Court decisions – Feb. 9-22, 2012
Read for publication decisions from the 7th Circuit Court of Appeals and Indiana appellate courts from Feb. 9-22, 2012.
Read for publication decisions from the 7th Circuit Court of Appeals and Indiana appellate courts from Feb. 9-22, 2012.
The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.
The Indiana Court of Appeals has found that a Clark County case can continue involving claims against a home construction company. The former homeowners allege that the company defectively built their home and that mold and water damage occurred, leading to loss of habitability.
The Court of Appeals of Indiana will hear oral argument in In RE: The Paternity of K.S. at noon March 2, at Culver Cove Resort & Conference Center.
As chair of the Indiana Judicial Nominating Commission, Chief Justice Randall Shepard oversaw on Thursday the narrowing of the list of candidates vying to replace him on the Supreme Court.
The Indiana Court of Appeals ruled that a federal statute provides the authority for a bank that survives after a merger to enforce the promissory note and mortgage established by a predecessor bank.
A panel of Indiana University constitutional law experts will discuss the implications of the United States Supreme Court's recent decision to hear Fisher v. Texas, a case challenging the University of Texas' affirmative action program.
The Indiana Judicial Nominating Commission has selected Indiana Court of Appeals Judge Cale J. Bradford, Indianapolis attorney Mark S. Massa, and Jane A. Seigel of the Indiana Judicial Center as finalists for an upcoming Indiana Supreme Court vacancy.
A northern Indiana labor organization has filed a lawsuit against Gov. Mitch Daniels and other state actors over the recent enactment of legislation that made Indiana a “right-to-work” state.
The Indiana Court of Appeals declined to find an attorney provided ineffective assistance of trial counsel to a man on trial for the second time because that attorney didn’t defend the case in the same manner as did the attorney on the first trial.
The Indiana Court of Appeals declined to find that a Marion Superior court abused its discretion when it admitted the results of a chemical breath test.
The Indiana Court of Appeals relied in part on two decades-old cases from the state Supreme Court to find that exposing the jury to dismissed charges did not deprive a defendant of a fundamentally fair trial.
The Indiana Supreme Court ruled on two cases Wednesday that stemmed from Batson challenges, and in doing so, articulated the standard of review of such challenges when a defendant raises a Batson challenge at the trial level, but then brings up a different argument on appeal.
The Indiana Supreme Court was divided 3-2 over whether to reduce the sentence of a man who received the maximum 20 years for having cocaine within 1,000 feet of a school when police stopped his vehicle.
The Indiana Court of Appeals has thrown out a man’s convictions of Class A felony child molesting because the trial court erred in admitting improper vouching testimony.
The Indiana Court of Appeals found that the post-conviction court erred when it concluded that a defendant had not knowingly waived his right to counsel.
Because there was no evidence presented as to why a defendant was stopped or that the state’s actions were reasonable, the Indiana Court of Appeals reversed a man’s conviction of misdemeanor possession of marijuana.
The Indiana Court of Appeals affirmed summary judgment in favor of the Indiana Department of Insurance in a lawsuit filed by a former employee claiming wrongful termination.
In a case of first impression, the Indiana Court of Appeals has ordered the trial court apply a modified test based on a New Jersey case to determine whether The Indianapolis Star must identify an online user whose comment is part of a defamation lawsuit.
The newly created task force formed by the Indiana Supreme Court to look into the practices and procedures used in Marion County Small Claims courts will hold its first of three hearings Wednesday.