Kissing a sleeping victim doesn’t constitute sexual battery
A victim being asleep isn’t equivalent to a mental disability or deficiency for purposes of the sexual battery statute, the Indiana Court of Appeals held Wednesday.
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Justices dismiss appeal
The Indiana Supreme Court has dismissed an appeal in an insurance case involving attorney-client privilege because the parties have reached a mediated settlement.
Open house Thursday for court agency office
The Domestic Relations Counseling Bureau is holding an open house Thursday for its new offices in the City-County Building in downtown Indianapolis. The 40-year-old court agency provides recommendations to the court for custody and visitation.
UPDATE: Hamilton Superior judge surprised by case resolution
In all his years on the bench, Hamilton Superior Judge William J. Hughes said he hasn’t experienced what he did this week as a defendant in a North Carolina court.
Legislation impacting judiciary awaiting final approval
Several bills that may alter the look of the Indiana judiciary await final approval during the waning days of the 2011 legislative session.
Hamilton County judge pleads guilty to reckless driving
Longtime Hamilton Superior Judge William J. Hughes pleaded guilty Monday in a North Carolina court, avoiding a drunken driving conviction for a lesser count of reckless driving that means a year of unsupervised probation.
Latino services coordinator receives award for service to victims
Joseph Hogsett, U.S. Attorney for the Southern District of Indiana, presented an award Tuesday that honors people whose commitment and effort has a positive impact on the lives of crime victims in Indiana.
COA to hear arguments at Ivy Tech campuses
The Court of Appeals of Indiana will visit two Ivy Tech campuses Thursday to hear arguments in an insurance case and battery case.
Judge argues state must prove actual endangerment
The Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the possibility of it.
COA upholds convictions in Indianapolis Hamilton Ave. murders
The Indiana Court of Appeals has affirmed a man’s convictions and reduced his sentence to 421 years for his involvement in the gruesome robbery and murders of seven Indianapolis residents, including three children, in June 2006.
Court of Appeals dismisses Bren Simon’s appeal
The Indiana Court of Appeals has dismissed Bren Simon’s petition seeking to reverse a lower court’s ruling that removed her as interim trustee of her late husband’s $2 billion estate.
Justices accept ordinance case
The Indiana Supreme Court will decide whether an Indiana town’s ordinance that would give the town the exclusive right to control, regulate, and sell water is actually invalid.
Allen Superior Court seeks magistrate judge
The Allen Superior Court Criminal Division is accepting applications for the magistrate judge position that will open up after Magistrate Judge Robert J. Schmoll retires. Magistrate Schmoll was appointed to the bench in January 1995.
Appellate judges to go to Rochester, Upland for arguments
On Tuesday, two panels of Indiana Court of Appeals judges will travel north to hear arguments.
Court splits on standard used to modify custody
Even though the trial court departed from established statutory procedures by using the “best interests” standard to modify physical custody, the majority of Indiana Court of Appeals judges affirmed the lower court’s decision.
Judges discuss fundamental error, ineffective trial counsel assistance
Fundamental error and prejudice for ineffective assistance of trial counsel present two substantively different questions, the Indiana Court of Appeals concluded Thursday in a post-conviction case.
Suspended attorney pleads guilty to theft
A suspended attorney has pleaded guilty to stealing $283,000 from his clients during dozens of transactions.
COA: Attorney entitled to lien on former client’s file
An attorney doesn’t have to produce documentation of the amount of money a former client owes in order to have a valid retaining lien, ruled the Indiana Court of Appeals.
Judges affirm retroactive application of amendments to blood draw statute
Applying 2010 statutory amendments governing chemical tests for evidence of intoxication to a case of a man charged in 2009 with driving while intoxicated didn’t violate the prohibitions against ex post facto criminal sanctions, the Indiana Court of Appeals held Wednesday.
Judges to hear sex-offender registration appeal in Franklin
A panel of judges from the Indiana Court of Appeals travels to Franklin Friday to hear arguments in the interlocutory appeal of a man who’s charged with not registering as a sex offender.