Indiana Court Decisions – Dec. 18-31, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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Round trip: Indiana COA hears arguments in all 92 counties
The Indiana Court of Appeals has wrapped up its pursuit of visiting every county through its Appeals on Wheels program. Introduced during the appellate court’s centennial in 2001, the traveling program has ventured statewide to high schools, colleges, law schools and other venues, promoting civics education by inviting local communities to observe how the appellate judiciary works.
7th Circuit orders $1,000 sanction against Crawfordsville attorney accused of altering evidence
A Crawfordsville attorney accused of altering photos submitted as evidence in a slip-and-fall case must pay a $1,000 sanction to the 7th Circuit Court of Appeals. The attorney has also self-reported the underlying incident to the Indiana Supreme Court Disciplinary Commission.
New pretrial release rule adds risk assessments for booked inmates
A new Indiana rule requiring that booked inmates be assessed to determine risks or benefits of releasing them before trial is expected to eventually reduce overcrowding at the state’s county jails, criminal justice officials say. Criminal Rule 26, which set Indiana’s new pretrial release protocols, was adopted by the Indiana Supreme Court in 2017, but it didn’t take effect statewide until Jan. 1.
Bradford elected COA chief judge, succeeding Vaidik
The judges of the Indiana Court of Appeals have elected Judge Cale Bradford to serve for the next three years as the lower appellate court’s chief judge. He succeeds Judge Nancy Vaidik, whose term as chief expired last month. Bradford, whose term began Jan. 1., has served on the Court of Appeals for nearly 13 years.
Indiana asks SCOTUS to uphold Louisiana admitting-privileges abortion law
Indiana Attorney General Curtis Hill has requested that the United States Supreme Court uphold a Louisiana law requiring all ambulatory surgical centers, including abortion clinics, to hold admitting privileges at nearby hospitals.
Indiana man faces trial in 1994 Wisconsin murder case
A judge ordered an Indiana man to stand trial for the 1994 death of a woman who was strangled and run over with a car in Madison, Wisconsin. Dane County Circuit Judge Valerie Bailey-Rihn said during a hearing Thursday that there’s enough evidence for 52-year-old Willie L. Coleman to be tried for first-degree reckless homicide in the Nov. 4, 1994, death Lula Cunnigan.
SCOTUS, district courts see increased filings in last year
The number of cases filed in the United States Supreme Court and federal district courts increased in the last year, while the regional courts of appeal saw a slight filing decrease, according to Chief Justice John G. Roberts Jr.’s 2019 Year-End Report on the Federal Judiciary.
High court continues to allow cameras, recording devices at COA arguments
Cameras and other electronic devices may continue to be used in courtrooms for press coverage of Indiana Court of Appeals oral arguments, according to a Monday Indiana Supreme Court order.
Inmate wins habeas relief after ‘incendiary allegations’ of fraudulent discipline action
An Indiana prisoner has been granted habeas relief after making “incendiary allegations” that led a district judge to find that he had fraudulently been found guilty in a prison disciplinary action.
COA reverses for insurance company, against quadriplegic man
An Indiana Court of Appeals panel has reversed the grant of a quadriplegic man’s motion to dismiss a declaratory judgment action after it found he was not entitled to bodily injury liability coverage under his insurance policy.
Roberts: Judges working to promote civics, impartial courts
Federal judges are taking up the challenge to educate Americans about how their government works at a time when false information can spread instantaneously on social media, Chief Justice John Roberts wrote Tuesday in his annual year-end report.
Lilly wins another patent infringement case over cancer drug Alimta
Eli Lilly and Co. has won another patent-infringement lawsuit against a competitor who was preparing to launch an alternative form of the chemotherapy drug Alimta prior to its patent expiration in May 2022.
Supreme Court makes additional amendments to new pro bono publico rules
The Indiana Supreme Court has further amended newly created rules dealing with the licensing of pro bono publico attorneys on the eve of their effective date.
Allen Superior Court names Trevino next chief judge
The Allen Superior Court’s Board of Judges has elected Judge Andrea R. Trevino to serve as the court’s next chief judge. Trevino’s two-year term begins Jan. 1, 2020.
7th Circuit finds Indiana man’s debt collection claims ‘meritless’
A man who unsuccessfully sued a collection agency alleging the information provided in a letter violated the Fair Debt Collection Practices Act lost his appeal Monday, with a federal appeals panel finding his claims “meritless.”
Presumed dad’s paternity vacated, granted to true biological father
The Indiana Court of Appeals has vacated an order establishing paternity for man after genetic testing revealed he was not the biological father of a child he and the child’s mother claimed was his. Paternity was instead ordered for the child’s revealed biological father.
Vagueness issue divides COA in sex offender vehicle registry case
A divided Indiana Court of Appeals has affirmed the denial of a sex offender’s motion to dismiss a charge brought against him for driving without registering his vehicle, despite a dissenting judge’s argument that the statute he was charged under was too vague.
COA disqualifies school board member in residency challenge
A lawyer elected to Indianapolis’ Washington Township School Board is ineligible to serve, the Indiana Court of Appeals ruled in an unprecedented decision, removing the elected official because she does not live in the district she was elected to represent in 2018.
Pulaski County eyes saving 125-year-old courthouse
A northern Indiana county’s 125-year-old courthouse will be saved from demolition and renovated as part of a $6 million preservation project.