Supreme Court amends more rules
The Indiana Supreme Court has amended various rules of court, including admission and disciplinary, alternative dispute resolution, and appellate procedure rules.
Dissent
Articles
High court addresses Protected Person Statute
Addressing for the first time under the current Rules of Evidence a case regarding a protected person testifying at trial as well as by videotape or other statement, the Indiana Supreme Court held that if the statements are consistent and both are otherwise admissible, testimony of a protected person can't be presented both in open court and in a pre-recorded statement through the Protected Person Statute.
Judges disagree on statute’s constitutionality
In an issue with great relevance given today's advances in technology and social networking, the Indiana Court of Appeals concluded someone who uses a computer to download an electronic image and save it on a CD doesn't "create" a digitalized image under the child-exploitation statute.
High court rules on landlord-tenant dispute
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.
Court remands custody case for new hearing
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.
Justices: License plates can’t be in rear windows
Justice Robert Rucker says his four Indiana Supreme Court colleagues have issued a ruling that transforms millions of law-abiding residents into traffic offenders.
Tax exemption doesn’t apply to hotel utilities
The Indiana Supreme Court was split today in its ruling on whether a hotel was entitled to a sales tax exemption on utilities it purchased during 2004 and 2005.
Judges disagree if testimony is hypothetical
Indiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice case used hypothetical language that couldn't raise a genuine issue of fact.
Judges disagree on estoppel claim
An Indiana Court of Appeals panel disagreed today as to whether an insurance company is entitled to summary judgment in an action filed by clients regarding coverage. In Everett Cash Mutual Insurance Co. v. Rick and Katrina Taylor, No. 02A03-0808-CV-386, the issue is whether the Taylors were negligent in failing to make sure an independent […]
High court rules on putative father adoption case
The Indiana Supreme Court has ruled that a putative father who files a paternity action in a court other than the court in which the adoption case is pending meets statutory requirements and doesn't imply his permanent consent to that adoption.
Judges disagree on search validity
On remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because she believes the search of the vehicle was unreasonable in light of the recent ruling.
Judges disagree on intent issue in rape trial
A panel of Indiana Court of Appeals judges disagreed as to whether a defendant in a rape case put his intent at issue during trial by attempting to show his victim consented to sex with him.
Justices split in traffic-stop decision
The Indiana Supreme Court justices were split in their decision issued Dec. 31 on whether a defendant's state and federal constitutional rights were violated when police questioned him about weapons and drugs after he was pulled over for a traffic violation.
COA: Wife is liable for mortgages
The Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure; however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
Judges disagree in police entry case
An Indiana Court of Appeals judge dissented from his colleagues' decision denying a man's motion to suppress evidence because he didn't believe the police officers were justified in kicking down the man's door and entering his apartment. In his dissent in Luis E. Duran v. State of Indiana, No. 45A03-0811-CR-569, Judge Carr Darden cited the […]
Judges disagree on proof-of-age issue
Indiana Court of Appeals judges disagreed today about whether the state proved in its case a convicted child molester was 21 years old at the time the molestation occurred.
Justices affirm cop killer’s death sentence
A man sentenced to die for fatally shooting a Morgan County sheriff's deputy in 2001 will remain on death row despite his appellate claims he's mentally ill and not eligible for execution.
Judges disagree on remand instructions
Indiana Court of Appeals judges unanimously agreed today that a defendant's petition for expungement of his arrest shouldn't have been denied by the trial court, but they disagreed as to what should happen on remand.
Justices: Appeal not available after guilty plea
A majority of Indiana Supreme Court justices agreed a man who pleaded guilty couldn't appeal the denial of his pre-trial motion to suppress. Yet one justice believed the plea agreement should have been honored according to its terms, which included reserving the right to object to the denial of the motion to suppress.
Purse search violated Indiana Constitution
A majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way it appears it could be holding a gun.