Courts - The Indiana Lawyer

Jefferson courts relocate, salvage documents

January 1, 2009

The Jefferson Superior and Circuit courts have relocated in Madison and are working to get their offices up and running to handle emergency matters. The courts were forced out of the Jefferson County Courthouse after a fire May 20. Circuit Court has moved to the Venture Out business center at 875 Industrial Dr. on the hill in Madison. Circuit Judge Ted Todd said the court is still trying to set up and is using folding tables and chairs until they can…

COA rules on re-registration of offenders

January 1, 2009

Two sex offenders serving or who had completed their 10-year registration period shouldn't have been required to re-register for another 10-year period after being convicted of any other crime, the Indiana Court of Appeals concluded today.

High court rules on landlord-tenant dispute

January 1, 2009

Landlords must refund a security deposit and can't get money back for property damage if they don't adequately or timely notify tenants about those claims, but landlords can still recover unpaid rent and other losses, the Indiana Supreme Court ruled today.

Apartment creates issue of first impression

January 1, 2009

In an issue of first impression, the Indiana Tax Court decided housing owned by a non-profit that receives governmental subsidies to rent to low- and moderate-income people at below-market rates is not property used for a charitable purpose.

Artist chosen in federal courthouse competition

January 1, 2009

An Indianapolis artist has been chosen to create murals for the federal courthouse in the United States District Court for the Southern District of Indiana.

County, court don’t have to give back pay

January 1, 2009

A former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief, the Indiana Court of Appeals ruled today.

Appellate court to visit northern Indiana

January 1, 2009

A panel of Indiana Court of Appeals judges heads to Michigan City Monday to hear arguments about whether a trial court erred in finding an usher wasn't an employee of Metro Security Forces Inc.

COA travels to Lafayette for arguments

January 1, 2009

The Indiana Court of Appeals travels to Lafayette April 20 to hear a case regarding the delayed return of children to their mother following the death of a sibling.

Counties wanting local video can apply now

January 1, 2009

Indiana counties that would like a customized self-represented litigant video can apply to the Indiana Supreme Court Division of State Court Administration Indiana Family Court Project.

No vote yet on St. Joe judges bill

January 1, 2009

An Indiana Senate committee debated this morning a bill that would make it so St. Joseph Superior judges are elected rather than chosen by merit selection and later retained by voters.

Suit based on church-member letter may go on

January 1, 2009

A letter written by a church member and circulated through another member's work e-mail address contains some allegedly defamatory statements that can be considered secular, so a suit for defamation and invasion of privacy could continue on those statements, the Indiana Court of Appeals ruled today.

Insurer’s policy breach a case of first impression

January 1, 2009

In a case of first impression for state courts, the Indiana Court of Appeals affirmed a jury verdict against an insurance company in a breach of contract case, ruling the insured's failure to repair his building following a fire was the fault of the insurance company. In Rockford Mutual Insurance Co. v. Terrey E. Pirtle, No. […]

Allen Circuit judge faces misconduct charges

January 1, 2009

The Indiana Commission on Judicial Qualifications filed misconduct charges today against Allen Circuit Judge Thomas Felts, who pleaded guilty last year to drunk driving.

Court remands custody case for new hearing

January 1, 2009

Although all three Indiana Court of Appeals judges came to conclusion that the trial court should revisit its order to grant full custody of a child to her abusive father, the judges differed as how the trial court should have approached the matter.

Worker’s suicide fails chain of causation test

January 1, 2009

A widow’s request for workers’ compensation benefits of her deceased husband can’t be granted because his death at work was caused by a knowingly self-inflicted injury, the Indiana Court of Appeals ruled today. The woman failed to satisfy the chain of causation test in trying to prove an initial work-related event led to her husband’s death.

Court reverses conviction over letter

January 1, 2009

A man's convictions of criminal mischief and operating while intoxicated were reversed by the Indiana Court of Appeals because a letter he wrote while trying to negotiate a plea agreement – which was rejected – shouldn't have been admitted at his trial.

Instant offense considered ‘unrelated’ per statute

January 1, 2009

The trial court was correct in interpreting the state's habitual offender statute to include an instant conviction as one of the "unrelated" convictions referred to in the statute, the Indiana Court of Appeals ruled today.

‘Prison mailbox rule’ applies to direct appeals

January 1, 2009

The "prison mailbox rule," which the Indiana Court of Appeals had previously determined applies in post-conviction proceedings, also is applicable in direct appeals, the appellate court decided today.

Seminar, CLE on Criminal Justice Act

January 1, 2009

The Indiana Federal Community Defenders will host a seminar for attorneys interested in joining the Criminal Justice Act panel of attorneys to represent indigent clients accused of crimes against the United States.

Transfer granted to probation search case

January 1, 2009

The Indiana Supreme Court granted transfer Thursday to a motion to suppress case involving a search by a probation officer.

Articles