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.
Courts
Articles
Civil forfeiture amendments don’t defeat prior forfeiture action, COA says
Legislative amendments to Indiana’s much-debated civil forfeiture scheme did not defeat a pre-existing forfeiture action in state court, the Indiana Court of Appeals ruled Friday, finding the amendments did not constitute an ex post facto law.
COA: No Fourth Amendment violation in traffic stop search
A man convicted on drug charges after an Evansville traffic stop has lost his appellate argument that evidence of the drugs was wrongly admitted because the evidence came from an unconstitutional search.
Man injured in fireworks blast loses appeal for worker’s comp benefits
A man injured by a fireworks explosion lost an appeal for worker’s compensation benefits, with the Indiana Court of Appeals finding his story explaining how the mishap occurred a bit too farfetched.
To overcome travel ban, some Americans taking cases to court
Mohammed Hafar paced around the airport terminal — first to the monitor to check flight arrivals, then to the gift shop and lastly to the doors where international passengers were exiting. At last, out came Jana Hafar, his tall, slender, dark-haired teen daughter who had been forced by President Donald Trump’s travel ban to stay behind in Syria for months while her father, his wife and 10-year-old son started rebuilding their lives in Bloomfield, New Jersey, with no clear idea of when the family would be together again.
Despite conflicting statutes, COA affirms juvenile gun adjudication
A juvenile dangerous possession of a firearm adjudication has been upheld by the Indiana Court of Appeals despite the finding that state statutes in play in his case are in conflict.
Reversal: Court wrongly denied evidence alleging guardianship mismanagement
A Boone County trial court wrongly rejected a husband’s effort to show that the guardianship for his wife was being financially mismanaged and should be terminated, the Indiana Court of Appeals ruled Thursday, finding the judge overseeing the case failed to properly notify him of regular accountings.
Father who abandoned twins at age 5 loses appeal over college support
A father who was found to have abandoned his twin sons when they were 5 years old after he divorced their mother was properly ordered to pay a share of his sons’ college expenses, the Indiana Court of Appeals ruled Thursday.
COA dismisses 4-year-old suit against nursing home
A woman who sued a Noblesville nursing home over her mother’s care that she claimed was negligent failed to persuade the Indiana Court of Appeals to reinstate her civil lawsuit.
Roberts will tap his inner umpire in impeachment trial
America’s last prolonged look at Chief Justice John Roberts came 14 years ago, when he told senators during his Supreme Court confirmation hearing that judges should be like baseball umpires, impartially calling balls and strikes. His hair grayer, the 64-year-old Roberts will return to the public eye as he makes the short trip from the Supreme Court to the Senate to preside over President Donald Trump’s impeachment trial.
2 judges back on bench following fight-related suspensions
Two southern Indiana judges are back on the bench after completing their suspensions for a downtown Indianapolis fight and double-shooting that followed a night of bar hopping. Clark Circuit Judge Brad Jacobs and Crawford Circuit Judge Sabrina Bell were reinstated to the bench Monday following 30-day suspensions that took effect Nov. 22.
Muncie mayor’s trial on federal charges delayed until May
A central Indiana mayor’s federal trial on charges of accepting a bribe has been pushed back for several months. Defense attorneys for Muncie Mayor Dennis Tyler requested the delay on the trial that had been scheduled to start Jan. 21.
Judge allowing lawsuit over Lake Monroe logging to proceed
A judge is allowing a lawsuit to proceed against a property owner over logging activity on his land along southern Indiana’s Lake Monroe. The ruling by a Monroe County judge rejects an effort by property owner Joe Huff to have a lawsuit filed against him by county officials dismissed.
Year in Review: Baer death penalty reversal most-read IL story of 2019
A federal appeals court’s reversal of Madison County killer Fredrick Baer’s death sentence was the most-read story on the Indiana Lawyer’s digital edition, www.theindianalawyer.com. Indiana Lawyer readers clicked on stories on our website more than 2.6 million times between Jan. 1 and Dec. 10, 2019, according to Google Analytics. Here are the 50 most-viewed story headlines during that time.
Year in Review: In 2019, troubles dominated legal news
When those in the legal community look back at 2019, they may turn their heads and look forward instead. While the year had bright spots, several sordid sagas dominated the headlines.
Justices agree to hear extended expungement-wait case
Indiana Supreme Court justices have agreed to hear a case that sharply divided an appellate panel concerning whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for individuals seeking a criminal expungement.
7th Circuit largely affirms for law enforcement in Carmel ‘pill mill’ case
Law enforcement who charged physicians and staff in an Indiana pill mill investigation will not face a suit from the cleared defendants, the 7th Circuit Court of Appeals has ruled, with the exception of an employee who worked as a parking lot attendant.
Appellate court: Minor not ‘Indian child’ under ICWA
A father who argued his daughter was an Indian child under federal law during a termination of parental rights battle lost his appeal of the termination Monday, when the Indiana Court of Appeals upheld a ruling finding that the child’s tribe was not registered with the United States government.
COA vacates contempt finding in domestic battery case
Double jeopardy concerns led the Indiana Court of Appeals to vacate a contempt finding against a man facing a domestic battery charge, though his related domestic battery sentence was upheld.
‘Ministerial exception’ discovery motion fails in lawsuit against Indianapolis Archdiocese
A motion in a lawsuit against the Indianapolis Archdiocese to limit discovery to the question of whether a fired gay counselor falls under the First Amendment’s “ministerial exception” has been defeated in “close call” in Indiana federal court.