State bar honors 2 judges at annual meeting
The Indiana State Bar Association honored two Court of Appeals judges at its annual meeting Oct. 20 in French Lick.
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Lawmakers finalizing post-Barnes legislation proposals
A legislative study committee is about a week away from finalizing its proposals to clarify state law and allow for Indiana residents to use reasonable force to resist police entry into their homes in all but domestic violence and certain emergency situations.
Judge affirms assessment of theater
The Indiana Tax Court affirmed the 2006 assessment of a Marion movie theater, finding the Grant County assessor is essentially asking the court to reweigh the evidence, which it cannot do.
Defendants not negligent in father’s suicide, murder of daughter
A father’s decision to crash a plane his daughter was in – killing them both – superseded any negligence that may be attributed to his flight instructor or other defendants in a wrongful death action, the Indiana Court of Appeals held Thursday.
COA upholds $300,000 verdict, addresses ‘patient abandonment’
The Indiana Court of Appeals has ruled on the first of hundreds of medical malpractice claims filed against a former ear-nose-throat specialist in Merrillville, upholding a $300,000 jury verdict and also delving into novel legal issues that haven’t been widely addressed by the state’s appellate courts.
Bankruptcy fees increase Nov. 1
On Nov. 1, several fees will increase in the United States Bankruptcy Court’s Southern District of Indiana, including the Title 11 administrative fee, AP filing fee and notice of appeal fee.
EnerDel parent facing shareholder legal battle
A federal judge in New York as early as this week could chose a lead plaintiff from among at least three lawsuits accusing the parent of Indianapolis-based advanced-battery maker EnerDel of misleading investors about its financial condition.
Supreme Court upholds life without parole sentence
The Indiana Supreme Court has affirmed a man’s murder and robbery convictions and left in place his sentence of life without the possibility of parole.
Justices rule trial court didn’t err in granting mistrial
The Indiana Supreme Court found that although a defendant didn’t consent to a mistrial, the trial judge didn’t abuse his discretion in finding that a mistrial was justified by “manifest necessity.”
Man pleads guilty to espionage, theft
A Chinese national and former employee of Dow AgroSciences LLC pleaded guilty Tuesday to economic espionage and theft of trade secrets in federal court. Kexue Huang’s case is the first prosecution in Indiana for foreign economic espionage.
Howard County woman honored for CASA work
The Indiana Supreme Court’s state office of Court Appointed Special Advocates honored Ronda Moyers of Howard County as Volunteer of the Year at the 15th annual GAL/CASA conference. She was nominated by a child who she advocated for while the child was in foster care.
COA: Man wasn’t denied fair trial by judge
The Indiana Court of Appeals upheld a man’s attempted murder conviction, finding the trial judge did not act in a way to deny the defendant a fair trial.
Lawmakers taking second look at ‘second chance law’
Legislators want to take a second look at a new law passed this year that gives Indiana residents with nonviolent criminal histories a chance to limit public access to parts of their record.
Judges to go to Oakland City for arguments
Indiana Court of Appeals judges Melissa May, Michael Barnes and Terry Crone will hear a convicted murderer’s appeal for post-conviction relief at Oakland City University Oct. 19.
COA: Judge erred in giving jury instruction
A Jefferson Superior judge erred in giving a jury an instruction on a lesser included offense of domestic battery because there wasn’t a serious evidentiary dispute about whether the battery was committed in the presence of children, the Indiana Court of Appeals held Thursday.
Appellate court reverses summary judgment for insurer
The Indiana Court of Appeals reversed summary judgment in favor of a hotel’s insurance company in a negligent hiring suit, ruling there is a question as to whether the teenage hotel guest was under the “care, custody or control” of the hotel at the time the teen was molested by an employee.
Appellate court tackles child support issues
In three opinions released Wednesday, the Indiana Court of Appeals ruled on child support issues – the application of Social Security benefits to an arrearage and whether two fathers who were incarcerated for not paying child support could have their support obligations modified.
Judges rule against hospital in fee suit
Citing caselaw that goes back 120 years, the Indiana Court of Appeals reversed a Marion Superior judge’s dismissal of a complaint against a central Indiana hospital pursuant to Indiana Trial Rule 12(B)(6).
COA chief judge receives Antoinette Dakin Leach Award
Indiana Court of Appeals Chief Judge Margret Robb was given the 2011 Antoinette Dakin Leach Award Oct. 5 by the Indianapolis Bar Association’s Women and the Law Division at a recent symposium.
Guidance offered on incarcerated parents’ attendance at termination hearings
Scolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.