Man didn’t timely file petition to reopen estates
A trial court correctly denied the request to reopen the estates of a man's deceased parents to correct an error because he failed to timely file his petition, the Indiana Court of Appeals affirmed.
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Newspapers join fight to unseal Durham records
The Indianapolis Business Journal and The Wall Street Journal have joined the legal fight to unseal search-warrant documents related to the federal investigation of businessman Tim Durham and Akron, Ohio-based Fair Finance Co. The IBJ is a sister publication of Indiana Lawyer.
Judges disagree on chemical possession charge
A panel of Indiana Court of Appeal judges disagreed as to whether a defendant who stole anhydrous ammonia with the intent of selling it to a third party in the future to make methamphetamine, but who never actually sold the chemical, could be charged with possession with intent to manufacture methamphetamine.
Justices take case of dismissed drug charges
The Indiana Supreme Court will decide whether a trial court was correct when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against the man based on that search.
COA upholds termination of parental rights
The Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence. The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to prove her drug use when she repeatedly refused to submit to drug testing.
Court reverses handgun conviction
The Indiana Court of Appeals reversed today a defendant's conviction of carrying a handgun without a license because
the circumstantial evidence doesn't support that the man had the requisite intent to constructively possess the gun.
Justices grant 2 transfers
The Indiana Supreme Court has agreed to consider cases that involve a trial court's handling of a mentally ill murder defendant, and whether the First Amendment protects a volunteer firefighter's e-mails about the township department's financial situation.
COA: lawyer-client privilege protects information
A defendant's belief that his right to seek exculpatory evidence trumps the attorney-client privilege is incorrect, the Indiana Court of Appeals ruled today.
Senate gets resolution on marriage, civil unions
The Senate Judiciary Committee spent most of its time this week discussing the definition of marriage in Indiana and whether
a constitutional amendment should be sent to voters to make it tougher for courts and legislators to rewrite how they
handle both gay marriage and civil unions.
Justices disagree about evidence issue
Indiana Supreme Court Chief Justice Randall T. Shepard didn't agree with his colleagues' decision that a defendant couldn't introduce evidence to dispute the judgment of an injured plaintiff's medical providers in choosing certain treatment.
Judges uphold child pornography sentence
The 7th Circuit Court of Appeals found no procedural or substantive errors in a sentence following a man's guilty plea to a child pornography charge. In United States of America v. Brad Coopman, No. 09-2134, Brad Coopman challenged his sentence of 151 months in prison and 10 years of supervised release after he pleaded guilty to […]
Lawsuit to take bar exam dismissed, re-filed
The man who sued the Indiana Supreme Court and State Board of Law Examiners because he wants to take the bar exam without going to law school had his case dismissed in federal court this week due to failure to pay the filing fee. He then re-filed his suit Thursday, alleging the same claims.
Judges reverse protection order
A protection order under Indiana Code Section 34-26-5 against a woman should not have been issued because there was no evidence of domestic violence, stalking or a sex offense as required by statute, the Indiana Court of Appeals ruled today.
High court clarifies preliminary injunction issue
The Indiana Supreme Court issued an opinion today explaining its reasoning for granting a permanent writ of mandamus last year against Clark Circuit Court.
Couple not a ‘successful party’ in settlement
Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney
fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
SCOTUS denies Evansville shopping center case
The nation's highest court has refused to accept a case from the Indiana Supreme Court, which almost a year ago reduced a $2.3 million jury award in favor of an Evansville shopping center owner because of traffic flow issues created by the state.
Judicial Center education director to retire
The longtime education director for the Indiana Judicial Center is retiring at the end of April, capping a career that's given her the chance to develop and put in place countless instructive programs for the state's judiciary.
Prosecutor ordered lenient deal for business partner’s client
Marion County Prosecutor Carl Brizzi last year intervened in a major drug case to offer a reduced sentence over objections from both law enforcement officers and his own deputy prosecutors.
Mistake invalidates termination of dad’s rights
A father's consent to voluntarily terminate his parental rights so his sister could adopt his daughter was invalidated by misrepresentations made by a family case manager for the Department of Child Services. As such, the father's petition to set aside the judgment should have been granted, the Indiana Court of Appeals ruled today.
Judges disagree on retroactive support issue
In a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether a court has the authority to reach into an intact marriage and order a party to pay child support to the other.