Prison jumpsuits don’t constitute cruel and unusual punishment
Requiring inmates to wear lightweight jumpsuits instead of shirt and pants is not cruel and unusual punishment, ruled the Indiana Court of Appeals.
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7th Circuit tackles ‘novel’ U visa review request
The 7th Circuit Court of Appeals has ruled it does not have jurisdiction to review immigration orders denying a specialized visa to a non-citizen trying to stay in the country after assisting in an investigation or prosecution.
Grandmother can’t petition for visitation
A grandmother has lost her right to petition for visitation rights after her son’s parental rights were terminated, so the trial court was correct in dismissing her petition, the Indiana Court of Appeals held Thursday.
Bankruptcy Court seeks comment on rule changes
The United States Bankruptcy Court for the Southern District of Indiana is now accepting comments on proposed amendments to its local rules.
State preparing to pay maximum in stage collapse damages
The state of Indiana is set to forgo costly and lengthy litigation and instead pay the maximum $5 million in damages allowed by law to victims of the Indiana State Fair concert stage collapse, Attorney General Greg Zoeller said Wednesday.
Unrepresented litigants don’t forfeit exemptions even if not pleaded
The Indiana Supreme Court has ruled in favor of a couple who were ordered in small claims court to pay $100 a month toward judgments and look for work each week. The couple’s only income is exempt under the general wage and the Social Security Income exemptions.
Man’s detainment by officer violated 4th Amendment
Conservation officers checking to see if a fisherman had a valid license did not have reasonable suspicion to detain the man and ask to see what was inside his bag after verifying his license, the Indiana Court of Appeals held.
Attorney must pay credit card company
An Illinois attorney has lost his appeal in his fight against a credit card company seeking to collect money owed on a Discover card.
Appeals court sides with murder defendant in hearsay appeal
Citing hearsay rules, the Indiana Court of Appeals has affirmed a trial court’s finding that the state may not introduce into evidence statements that could implicate a man who is facing murder charges.
COA: 6th Amendment not violated in juvenile murder case
The Indiana Court of Appeals has found that a juvenile court did not abuse its discretion in waiving a 15-year-old boy’s murder trial to adult court and that Indiana’s juvenile waiver statute does not violate the Sixth Amendment.
Attorney general wants State Fair class action dismissed
The Office of the Indiana Attorney General filed a motion Monday in Marion Superior Court to dismiss a proposed class-action lawsuit filed as a result of the stage collapse at the Indiana State Fair.
Rehearing: Traffic judge denies misconduct
Hammond City Judge Jeffrey A. Harkin denies that he did anything wrong in operating what may be a long-established but illegal traffic school deferral program and dismissing cases without assessing required fees. He also contends that he did not try to dissuade one litigant from contesting a seatbelt violation in court.
Court tackles timeliness of trust distribution
A recent Indiana Court of Appeals decision offers guidance to those working in trust and estate matters regarding how long a trustee should wait before turning to a probate court for guidance on distributing money to beneficiaries when a dispute exists over the amount that will be received.
Jefferson County celebrates reopening of courthouse
A fire in May 2009 displaced the courts and government offices. After more than two years, they were able to move back into the courthouse.
Class-action lawsuit filed over stage collapse
A class-action lawsuit filed by an Indianapolis law firm is the largest legal action to arise so far from the collapse of a concert stage at the Indiana State Fair.
Economic woes hitting state’s public defense
Years ago, those working in the Porter County Public Defender Office reported seeing a bright blue Post-it note tagged to their caseload reports that said, “HELP!” in huge hand-written print. That was a common occurrence at a time when the local public defender’s office faced a critical overload point because of skyrocketing caseloads and too few attorneys.
Meth use linked to increase in CHINS
Leslie Dunn, Indiana state director for GAL/CASA, said the number of Child in Need of Services cases over time remains stable, but she’s seen some remarkable variations in cases per-county from year to year. In Vanderburgh County, for example, new CHINS cases jumped from 448 in 2008 to 818 in 2010. People who are watching these numbers with concern cite several possible reasons for these variations.
Can schools discipline for off-campus conduct?
School is back in session, and a new set of court rulings issued during the summer break may make it more difficult for school administrators to decide how to handle inappropriate or potentially disruptive online activities carried out by students off-campus.
Toxic dust exposure leads to litigation
Indianapolis attorney Gabe Hawkins has already attended the funerals of three former clients, and he hopes that he won’t have to see a fourth before finally being able to say that the courtroom battle they’ve been waging for years has paid off.
7th Circuit affirms judgment for officers in diabetic man’s case
The 7th Circuit Court of Appeals affirmed summary judgment in favor of the City of East Chicago and police officers on an estate’s excessive force and other claims, finding the officers had reasonable suspicion that a diabetic man who was having a hypoglycemic episode was possibly intoxicated.