COA adopts ‘compromise approach’ of theory
The Indiana Court of Appeals affirmed a man's conviction of child molesting, ruling he failed to prove the trial court erred by excluding certain evidence regarding his victim.
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COA splits in application of statute in med-mal suit
The issue of whether the Journey's Account Statute applied to a woman's medical malpractice claim filed after the statute of limitations expired caused a split of an Indiana Court of Appeals panel.
SCOTUS: Lab techs must testify
A decision today from the Supreme Court of the United States will have an immediate impact on Indiana, where state justices are considering at least two cases about whether lab technicians who've tested evidence in a case must appear on the stand.
Merit-selection override a possibility
The state’s top executive has rejected the idea of scrapping merit selection in St. Joseph County, but it remains unclear whether lawmakers will attempt to override that veto during a special session.On the final day he had to take action, Gov. Mitch Daniels used his veto power for the third time this session and rejected House Enrolled Act 1491, which called for non-partisan elections to choose the county’s eight Superior judges for six-year terms. It also called for the creation of…
Suspended judge returns to bench
Marion Superior Judge Grant Hawkins, who was suspended earlier this year without pay, returned to the bench today.
Fax confirmation creates issue of fact
The 7th Circuit Court of Appeals addressed for the first time in a ruling today the evidentiary significance of a fax confirmation generated by the sender's machine. The Circuit Court determined the fax confirmation is strong evidence of receipt, so the District Court erred in granting summary judgment in favor of a company in an employment-discrimination case.
Fired deputy files suit over Taser training
A former Hamilton County Sheriff's deputy is suing the county's sheriff for firing him last year because he refused to be shocked by a Taser as part of a training session.
Indiana Supreme Court upholds death penalty
The Indiana Supreme Court today upheld the death penalty for a man convicted of killing a woman and her two daughters. In doing so, the high court re-evaluated its stance on what it means when a jury fails to recommend a sentence.
Worker’s entire service decides FMLA eligibility
In an issue of first impression, the majority of Indiana Supreme Court justices ruled an employee filling multiple positions with the same employer is eligible for leave under the Family and Medical Leave Act if the employee’s total service is sufficient to qualify, even if the service in either position alone doesn’t qualify.
Court: ALJ’s ruling had several errors
Finding an administrative law judge's decision to deny a woman's claim for disability benefits contained several significant errors, the 7th Circuit Court of Appeals vacated the District Court's affirmation of the denial and remanded the case to the Social Security Administration.
Comment sought on ADR rule changes
Changes may be coming to the rules governing Alternative Dispute Resolution in Indiana.
Court to take landlord-tenant insurance query
The Indiana Supreme Court has accepted a certified question from a federal judge, and will now consider a state law issue that it hasn't before: whether a tenant is considered a co-insured under a landlord's fire insurance policy if there's no express agreement saying otherwise.
Changes coming to Child Support Rules
An order issued by the Indiana Supreme Court today amending the state's Child Support Rules and Guidelines caused two justices to dissent in part over worries a change may alter precedent.
Longtime Madison County judge dies
A longtime Madison County judge died suddenly Wednesday. Judge David W. Hopper, 60, had served as a jurist for a total of 28 years.
COA: Plaintiff class in FSSA suit too broad
The Indiana Court of Appeals affirmed the denial of certification of a proposed class suing the Family and Social Services Administration because plaintiffs believed the modernized public benefits program system has a disparate impact on people with disabilities. Even though the contract with the company providing the system was terminated earlier this month, the parties don't claim this action alters their appeal.
ACLU sues State Board of Law Examiners
The ACLU of Indiana has filed a lawsuit against the members of the Indiana State Board of Law Examiners, alleging the state's bar examination application violates the Americans with Disabilities Act.
Single larceny rule doesn’t apply in case
The Indiana Court of Appeals affirmed the denial of a man's petition for post-conviction relief, finding the defendant's trial counsel wasn't ineffective for arguing a single larceny rule defense because it wasn't applicable in this case.
Supreme Court grants 3 transfers
The Indiana Supreme Court granted transfer this week to three cases, including a first impression case involving whether someone who has drugs within 1,000 feet of a youth program center run in a church can have their conviction enhanced.
Lawyer failed to deny note execution under oath
Because an attorney acting pro se in a mortgage suit didn't include a statement in his general denial that the denial was truthful and made under penalty for perjury, he failed to deny under oath the execution of the note, the Indiana Court of Appeals ruled today.
President picks prosecutor for Northern District
The veteran federal prosecutor who’s filled in three times as interim chief has been chosen for the permanent role as U.S. Attorney for the Northern District of Indiana, the White House announced this morning. David Capp, who’s been a federal prosecutor for 24 years, has been the acting U.S. Attorney in the Northern District since July 2007, filling the spot after Joseph Van Bokkelen’s confirmation to the District Court. Democratic Sen. Evan Bayh nominated Capp for the job from several…