Justices reduce meth dealing sentence in split opinion
A divided Indiana Supreme Court has sided with an appellate judge’s dissent in a drug dealing case, lowering a woman’s decades-long sentence pursuant to Appellate Rule 7(B).
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Web Exclusive: Expungement wait period case awaits justices
After more than 10 years with a criminal record, Naveed Gulzar successfully petitioned to reduce his felony conviction to a misdemeanor. But when he tried to expunge the conviction two years later, Gulzar faced an unexpected setback. The Indiana Supreme Court will decide whether Gulzar and others in his situation must wait longer for an expungement.
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Split COA affirms drug dealing convictions in warrantless search, arrest dispute
A divided appellate court has affirmed a man’s drug dealing and conspiracy convictions despite disagreement among the panel as to whether admitted evidence found during a warrantless arrest should have been excluded.
Divided appeals panel finds for restaurant in slip-and-fall case
An Indianapolis restaurant that appealed the denial of summary judgment in a woman’s slip-and-fall case won a divided ruling Monday when two of three members of an Indiana Court of Appeals panel sided with the eatery.
Pandemic means a silent June at the Supreme Court
The coronavirus pandemic has kept justices of the United States Supreme Court from their courtroom since March and forced them to change their ways in many respects. Now, in their season of weighty decisions, instead of the drama that can accompany the announcement of a majority decision and its biting dissent, the court’s opinions are being posted online without an opportunity for the justices to be heard.
COA reinstates patient’s claims against hospital in HIPAA-related suit
A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed her medical records and then shared details with her husband after she noticed that the patient had “liked” a photo of her husband on Facebook.
7th Circuit splits in loan modification dispute, rules in bank’s favor
A 7th Circuit Court of Appeals majority affirmed Thursday the dismissal of a homeowner’s complaint against a bank that he alleged failed to honor a loan-modification offer that could have kept him from foreclosure.
Justices OK state charges for immigrants who use fake IDs
The Supreme Court made it easier Tuesday for states to prosecute immigrants who use fake Social Security numbers to get a job. The issue for the court was whether states could pursue the immigrants in court or had to leave those choices to the federal government, which typically has authority over immigration.
Split justices rule for bar after fight left patron blind
A split Indiana Supreme Court reversed Tuesday in a northern Indiana bar’s favor, finding the establishment did not owe a duty to a man who was blinded after bar fight took place in its parking lot.
Lawyer’s lie on jury questionnaire prompts retrial in murder case
A lawyer who lied about her criminal history on a jury questionnaire in a murder case has divided an Indiana Court of Appeals panel, which ultimately vacated the murderer’s case for a retrial.
Justices to hear arguments in blood draw suppression case
The Indiana Supreme Court will consider this week whether to grant transfer to a wrong-way-driver case focused on a post-accident blood draw.
Split COA reaffirms original decision for lawyers in dispute over tax sale proceeds
An Indiana Court of Appeals panel has once again split over matters concerning a lawsuit brought against two lawyers, this time granting a petition for rehearing to reaffirm a prior split decision.
Split COA: Prosecutor can file for paternity at putative father’s request
A divided panel of the Indiana Court of Appeals has reversed the dismissal of an alleged father’s time-barred petition seeking to establish paternity of a child. The majority held a prosecutor is authorized to pursue such a request outside the general two-year statute of limitations. A dissenting judge, however, warned the holding “makes a mockery” of the two-year statute of limitations in paternity cases.
Dissenting judge: Defense lawyer ‘wholly failed’ in child molest case
A divided panel of the Indiana Court of Appeals upheld denial of a convicted child molester’s post-conviction relief petition Thursday, but a dissenting judge assailed the representation by a defense attorney who he said “took a fatalistic approach to the trial and wholly failed to challenge any testimony by any State witness.”
Divided COA tosses suit against lawyers over tax sale proceeds as untimely
A divided panel of the Indiana Court of Appeals on Thursday threw out a lawsuit against two lawyers filed by their opposing party in long-running litigation, the current case over proceeds from a tax sale that the lawyers distributed to their clients. The majority ruled that the lawsuit — filed one day outside the two-year statute of limitations — should be dismissed.
Split COA affirms adoption without father’s consent
A divided Indiana Court of Appeals has affirmed a Morgan County adoption decree over a father’s objections, finding his consent was irrevocably implied due to his failure to appear at a final hearing.
Car search after meth dealer’s arrest divides COA panel
A suspected Morgan County meth dealer who pulled his truck into his driveway as police were executing a search warrant on his property failed to overturn his conviction on appeal, but a dissenting judge found a police search of his vehicle after he was arrested failed to “honor the distinction between homes and motor vehicles for purposes of search and seizure.”
David, Goff publish dissent after justices let stand parents’ reimbursement order
Two Indiana Supreme Court justices have once again published a dissent from a 3-2 transfer ruling, which this time let stand a monthly reimbursement order for the parents of an adjudicated teen despite their alleged struggle to meet the payment requirements. Justices Steven David and Christopher Goff argued the trial court should have conducted a specific inquiry into the parents’ ability to pay the ordered reimbursement.
Father’s assertion of Fifth Amendment rights splits COA
Even though the Indiana Court of Appeals had previously affirmed that the youngsters in this case were children in need of services, in part because of allegations of a father’s sexual abuse, it has reversed the termination of parental rights because the requirement that the father participate in a sex offender treatment program violated his Fifth Amendment right against self-incrimination.
Justices consider admissibility of disciplinary history of medical expert
Indiana Supreme Court justices heard oral argument Thursday in a minor fender bender case that resulted in a $1.3 million verdict, considering whether questions regarding a medical expert witness’ disciplinary history and competence should have been admitted.
Split COA affirms suppression after faulty controlled drug buy
Police failure to search a party in a controlled drug buy in Muncie and a misleading affidavit to obtain a warrant were sufficient grounds to suppress evidence of cocaine subsequently found in a search of the home the buyer visited, the majority of an Indiana Court of Appeals panel found Wednesday.