In a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
The Indiana Court of Appeals rejected a Bloomington attorney’s argument that his arrangement of a drug buy in an attempt to discredit a state’s witness against his client wasn’t a criminal offense because he’s “on the same legal footing” as prosecutors or police in planning controlled buys.
The Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on the day they granted transfer.
Gov. Mitch Daniels made three judicial appointments, filling vacancies in Howard, Jay, and Wells county courts.
The Indiana Court of Appeals reversed the denial of a father’s petition to modify child support. The judges held he didn’t waive his argument for modification because he made a prima facie showing he qualified for a modification under one subsection of the statute, even though he argued before the trial court that he qualified based on the other subsection.
It’s been a controversial week at the Indiana General Assembly with the walkout by many Democrats in the House of Representatives killing several bills in their current forms as legislative deadlines hit.
The Indiana Supreme Court is accepting comments from the public on the proposed “Mortgage Foreclosure Best Practices” guidelines.
The judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.
Due process requires that a respondent in a dissolution proceeding be notified of the risk of default for not appearing or otherwise responding, the Indiana Court of Appeals held Thursday. The judges reversed a couple’s decree of dissolution, ruling it was void because the summons served on the wife was insufficient.
The Indiana Court of Appeals interpreted the elements of unlawful use of body armor for the first time in a defendant’s appeal of his convictions following his attempt to flee from police.
The Indiana Supreme Court has taken a question proposed by a federal court in a suit challenging the law that prevents voting by people with misdemeanor convictions.
Even though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found the company had a legitimately protectable interest in the man’s knowledge of its customers and market.
Magistrate Judge Mark J. Dinsmore of the United States District Court for the Southern District of Indiana will be formally sworn-in Friday at the federal courthouse in Indianapolis.
The Indiana Court of Appeals addressed vouching testimony by witnesses called during child molesting trials in two opinions Tuesday. In one case, an appellate judge was troubled by the possible effect of the cumulative vouching testimony on the jury.
The 7th Circuit Court of Appeals addressed an issue involving crack cocaine sentencing Tuesday – whether a defendant sentenced under the career offender guideline, but with a downward departure for substantial assistance, is eligible for a sentence reduction under 18 U.S.C. Section 3582(c)(2).
The Indiana Supreme Court has appointed Indianapolis attorney Jane H. Conley as Judge Pro Tempore in Marion Superior Court, according to a Feb. 16 order posted on the court’s website this week.
The Supreme Court of the United States denied one prisoner lawsuit from Indiana today, while not saying whether it will address another case from this state on judicial speech. No decision was made on a third Hoosier case it heard arguments on more than a month ago addressing vehicular flight.
A Marion man will be honored in March by the National Court Appointed Special Advocates Association with the G.F. Bettineski Child Advocate of the Year Award. Frank West of CASA of Grant County will receive the award during the association’s 30th annual national conference in Chicago.
A case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question without the aid of previous interpretations because of a lack of previous caselaw interpreting them.
The Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.