Masters appointed in cases of 2 judges
The Indiana Supreme Court has appointed masters to the disciplinary cases of Bicknell City Court Judge David A. Moreland and LaPorte Superior Judge Jennifer Evans Koethe.
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COA rules on landowner first-impression issue
For the first time, the Indiana Court of Appeals needed to decide whether an urban or residential landowner owes a duty to protect neighbors from damage caused by a tree falling from the landowner's property. In J. John Marshall and Marjorie Marshall v. Erie Insurance Exchange a/s/o Cindy Cain, No. 20A03-0908-CV-366, Cindy Cain's home is next […]
Full appeals court decides on IPAS case
Nine months ago, a federal judge in Indianapolis refused to dismiss a case about the state's practices and programs regarding mentally ill inmates, finding an independent state agency had a right to sue on those issues.
Judge certifies sex offender’s class-action suit
A federal judge has certified a convicted sex offender's suit against the Indiana Department of Correction as a class action. The plaintiff claims registrants have no procedure to correct errors on the sex and violent offender registry.
COA affirms mentally ill man’s murder conviction
The Indiana Court of Appeals was compelled today by Indiana Supreme Court precedent to affirm a murder conviction for a man who was found guilty but mentally ill.
Court: Medical record loss is negligence
If a hospital or provider loses records so that a patient can't pursue a medical malpractice case, the Indiana Court
of Appeals says state law allows that person to pursue a separate civil action for spoliation of evidence.
Boy can’t sue for lack of probable cause
The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.
COA sets standard in parental rights cases
In addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial judges must offer findings of fact in those types of cases just as they're required to by law for children in need of services cases and grandparent visitation matters.
Man accuses public defenders of malpractice
An accused child molester who sat in jail for 2 1/2 years until his case was dismissed is suing his former public defenders for legal malpractice.
COA: annexed parcels must touch each other
The Indiana Court of Appeals reaffirmed today that Indiana requires that an annexation ordinance applies only to solid, unbroken areas of land. This issue arose in an annexation dispute between two northern Indiana towns.
Court hears state voter ID case
The Indiana Supreme Court on Thursday morning sharply questioned attorneys about the state's five-year-old voter identification law, debating whether the requirements impose an unconstitutional burden on some voters who can't obtain the necessary photo ID.
COA: inequity in grandparent visitation act
The Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships between the parties in an adoption petition.
Justices: Agreement was impermissibly modified
A LaPorte Superior judge made an impermissible modification to a divorced couple's settlement agreement by giving the bank's lien on the family farm priority over the ex-wife's lien, the Indiana Supreme Court ruled today.
Juvenile documentary series wins award
The "Lake County Juvenile Justice" documentaries filmed by an Indiana production company will receive this year's Gracie Allen Award for outstanding TV series.
COA rules on service of summons issues
The Indiana Court of Appeals addressed service of summons issues in foreclosure actions in two decisions today, finding the servicing parties needed to do more to ensure the recipients actually get notice.
COA split on impact of jury instruction omission
One Indiana Court of Appeals judge dissented from his colleagues' decision to grant a new trial based on the lack of a jury instruction on robbery because he didn't think the defendant was prejudiced by the omission.
Judge blocks DCS rate changes for now
A federal judge in Indianapolis has temporarily blocked the Indiana Department of Child Services from reducing the amounts
it pays to foster and adoptive parents and juvenile-service providers.
Suit against traffic court sent back to state court
A lawsuit against the Marion Superior traffic court over fees has been moved back to state court.
Trial court lacks jurisdiction in tax suit
The Indiana Tax Court is the proper venue for a suit filed by the state to recover an erroneous tax refund, the Indiana Court
of Appeals affirmed today.
Legislature’s end suspenseful for legal community
As the Indiana General Assembly got down to its final hours in a short-session, significant changes for the Hoosier legal community were on the table to possibly increase the number of appellate judges, change how one county chooses its trial judges, and impact how juveniles can be placed outside the state.