7th Circuit: judge erred when sentencing man
The 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because the judge cited incorrect information during sentencing.
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Judges: Officers lacked reasonable suspicion to stop and detain man
Because a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court of Appeals reversed his drug conviction today.
Appellate court upholds enforcing settlement agreement
The Indiana Court of Appeals affirmed a Marion Superior judge’s decision to enforce a disputed settlement agreement, finding the parties agreed to the essential terms resolving the issues between them.
ALJ didn’t inform vocational expert on the totality of claimant’s limitations
The 7th Circuit Court of Appeals reversed a District Court’s upholding of the Social Security Administration’s denial of a woman’s application for benefits because the Administrative Law Judge erred by not including her moderate limitation on concentration, persistence, and pace in the hypothetical he posed to a vocational expert.
COA: admitting teen’s confession was a fundamental error
An Indiana Court of Appeals decision today places a burden on police officers to make sure interview room video cameras don’t infringe upon meaningful consultation when a juvenile is involved.
Circuit Court reverses stay on producing public records
A northern Indiana District Court was wrong in granting a Wisconsin city’s motion for a stay, which allowed the city to withhold public records from the bank suing it for violating securities law, the 7th Circuit Court of Appeals concluded today. The issue was whether the order issued by a state court for the city to produce the documents could be stayed by federal law because the request constituted discovery proceedings.
AG’s involvement questioned in prosecutor forfeiture suit
The Indiana Attorney General’s Office plans to “zealously defend” 78 prosecutors being sued over civil forfeiture collection practices, meaning the state courts will likely have to analyze not only the merits of that issue but also whether two separate state statutes restrict how Indiana’s top attorney can intervene in this taxpayer-filed qui tam lawsuit.
Opinion regarding insurance company considers definition of ‘ever’
An Indiana Court of Appeals panel was split in an opinion released today that considered the definition of “ever” on a home insurance application when it came to whether the homeowners insurance coverage was ever “declined, cancelled, or non-renewed.”
Court didn’t err in ordering cash bond
The Indiana Court of Appeals affirmed a trial court’s order that the two beneficiaries of a piece of property who objected to the sale of the land must each pay a $100,000 cash bond. The case also gave the appellate court the opportunity to decide the standard of review in this type of challenge.
Justices order Marion County traffic judge’s suspension
The Indiana Supreme Court has ordered the 30-day no pay suspension of the Marion County traffic judge who’s admitted he imposed excessive fines and treated people unfairly in his court partly because he wanted to discourage future litigants from exercising their constitutional right to trial.
Marion Traffic judge suspended for 30 days
The Indiana Supreme Court has suspended Marion County Traffic Judge William E. Young for 30 days.
Special judge selection rule amended
The Indiana Supreme Court has amended the eligibility section of Indiana Trial Rule 79 regarding special judge selection.
7th Circuit affirms attorney’s fees award under Lanham Act
Finding a plaintiff’s actions frivolous, the 7th Circuit Court of Appeals today has affirmed a District Court’s grant of attorney’s fees to a company that successfully defended itself after selling lamps to the plaintiff home health care provider. The 7th Circuit also granted the defendant’s motion for fees and costs pursuant to Rule 38 of the appellate rules.
Judicial candidates lose elections
Two judicial candidates who’d faced Indiana Election Commission challenges earlier this year about their names even appearing on the ballot made it to the general election, but ended up losing the races and not getting to the bench in Lake and Allen counties.
Programs target older foster youth
For foster youth who are about to age out of the system or have already done so, there often is no support system. That decreases one’s chance of getting a good education and increases the likelihood that the former foster youth will end up homeless or become involved in illegal activity and be arrested after aging out.
Court programs, economy among focuses of foreclosure conference
When it comes to the problem of mortgage foreclosures in Indiana, there appears to be no end in sight, at least not yet.
Indiana traffic court issues dent judiciary’s public perception
Two central Indiana traffic court judges are under fire for their conduct and practices in their courtrooms, with one Marion Superior judge facing disciplinary charges after sparking statewide legislative changes and criticism from the Indiana Court of Appeals.
Judges reverse support modification for lack of jurisdiction
The Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely troubling.”
Appellate court affirms judgment in coverage dispute
Indiana Evidence Rule 407 may bar evidence of subsequent insurance policy revisions offered to resolve ambiguity in an executed insurance contract, the Indiana Court of Appeals held today.
Reports break down caseloads, costs in Indiana courts
It cost nearly $400 million to operate Indiana courts last year, according to new reports released by the Indiana Supreme Court Division on State Court Administration.