Justices take two cases
The Indiana Supreme Court has granted transfer to two cases – a civil case involving a car accident and an appeal from a convicted child molester.
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Bankruptcy Court seeks public comment
The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment concerning proposed changes to the court’s local rules. The changes involve the rule, B-2014-1, Employment of Professionals by Debtor-in-Possession.
Justices won’t intervene in secretary of state eligibility case
Ruling on an emergency transfer request, the Indiana Supreme Court today accepted Secretary of State Charlie White’s appeal against the state’s Democratic Party and ruled it won’t put a halt to the case while a recount investigation and criminal voter fraud proceedings are ongoing.
Mother’s rights at issue in COA reversal
The Indiana Court of Appeals has reversed a paternity ruling from Vanderburgh County, finding that the judge should have taken a second look at the case after a mother wasn’t given a chance to be properly heard on custody of her child.
ISBA responds to fallout from split Supreme Court ruling
The Indiana State Bar Association issued a statement today addressing the outrage being expressed by many people concerning a state Supreme Court decision last week, which held individuals don’t have the right to resist police who enter private residences, even if those entries are illegal.
COA to hear arguments in trademark case at Merrillville High School
The Indiana Court of Appeals will hear oral argument in An-Hung Yao v. State of Indiana and Yu-Ting Lin v. State of Indiana at 12:30 p.m. (CDT) May 25, 2011, at Merrillville High School in the Freshman Center Lecture Hall. A panel of judges consisting of Chief Judge Margret G. Robb, Judge Michael P. Barnes, and Judge Terry A. Crone will hear the case on appeal from Huntington Circuit Court.
COA: Tractor sale contract not enforceable
The Indiana Court of Appeals says it’s against public policy to uphold any civil contract that’s based on an illegal action, and so the court says it won’t create a rule allowing that transaction agreement to be enforced.
Justices decide golf ball injury case
Taking a swing at an issue of first impression, the Indiana Supreme Court has ruled on a golf ball injury case and rejected the concept that a sporting event participant owes no duty of care to protect others from inherent risks of the sport in all situations.
Former Marion County spokesperson given public reprimand
Marietto “Mario” V. Massillamany, an attorney and former spokesperson for then-Marion County Prosecutor Carl Brizzi, has been publicly reprimanded by the Indiana Supreme Court for driving drunk.
High court rules man could be retried
The Double Jeopardy Clause of the U.S. Constitution doesn’t prevent the state from retrying a man who was acquitted by a jury in the murder of one person, but in which the jury couldn’t return a verdict on the defendant's attempted murder charge of another man, the Indiana Supreme Court held Wednesday.
Recent changes impact state justice system
National and state advocates pushing for wrongful conviction reforms judged that Indiana was behind other jurisdictions in strengthening its justice system, but they emphasized that ongoing discussions were a good starting point for the Hoosier legal community.
Judges split on mortgage issue
In a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to whether the mortgagee on record had an enforceable right under a mortgage.
Supreme Court receives threats after ruling
The Indiana Supreme Court has received threatening calls and emails following a ruling last week in which the high court said Hoosiers can’t resist unlawful entry into their homes by police.
Justices take 6 cases
The Indiana Supreme Court has granted transfer to six cases and declined to take 22 others.
Lawyer sentenced for theft, corrupt business practice
A northeast Indiana attorney who pleaded guilty to stealing from his clients has been sentenced to 11 years in prison, with five and one-half of those years suspended to active probation.
Tax Court warns against arguing wages aren’t taxable
In rejecting a man’s argument that his employment wages shouldn’t be subject to Indiana’s adjusted gross income tax, the Indiana Tax Court warned that those who present a similar argument in the future may be subject to paying the attorney fees of the other party.
DOC drops kosher meal appeal
The 7th Circuit Court of Appeals has granted the Indiana Department of Correction and other appellants’ motion to dismiss their appeal of a case in which a federal judge found the DOC violated prisoners’ rights by denying kosher meals.
COA orders trial court to define, locate easement
A trial court erred in denying a trust’s request for an easement of necessity relating to a certain parcel of land because the previous property owners didn’t grant themselves an easement before they transferred the land to the trust, ruled the Indiana Court of Appeals.
Disciplinary charges filed against Hamilton County judge
The Indiana Commission on Judicial Qualifications has filed disciplinary charges against Hamilton Superior Judge William Hughes. The charges are related to the judge’s arrest for driving while impaired and later guilty plea to misdemeanor reckless driving in North Carolina.
Governor vetoes forfeiture legislation
Gov. Mitch Daniels has vetoed Senate Enrolled Act 215, which designated what percentage of funds from forfeitures would go to prosecutors, law enforcement, and the Indiana Common School Fund.