COA rejects murderer’s ineffective counsel arguments
The Indiana Court of Appeals has upheld the denial of a murderer’s post-conviction relief petition, finding neither his trial nor his appellate counsel provided ineffective assistance.
Indiana Court of Appeals
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Babysitter’s serious neglect convictions, sentence affirmed
A babysitter convicted of inflicting a life-threatening head injury on an infant in her care lost her appeal of her felony convictions and sentence after the Indiana Court of Appeals determined neither court error nor insufficient evidence warranted reversal.
Dog-bite case to proceed after COA reverses judgment for owners
A Brownsburg dog-bite case must proceed to trial after the Indiana Court of Appeals ruled Wednesday there were genuine issues of material fact as to whether the dog owners breached their duty to the man who was attacked and, thus, reversed summary judgment.
Court considering charges in 1980 police officer death
A state appeals court is considering whether to throw out the case against a northwestern Indiana man facing murder and other charges in connection with the 1980 shooting death of a police officer killed while working a private security job.
In 2017, IL readers most followed these links
Breaking news and online updates of major legal stories were the most-read articles on TheIndianaLawyer.com in 2017, according to an analysis of pageviews. Here are the IL’s Top 20 most-read online stories of the past year.
Top 10 legal stories of 2017 focus on law schools, court changes
The closing of 4-year-old Indiana Tech Law School in Fort Wayne, and the revelation that 138-year-old Valparaiso University Law School faced an uncertain future, made law school troubles the top legal news story of 2017, as determined by the staff of Indiana Lawyer. Changes on the federal and state bench also were among the year’s top stories.
Indiana Court Decisions – Dec. 6-18, 2017
Read Indiana appellate court decisions from the latest reporting period.
COA: Traffic stop that led to arrest not a constitutional violation
Though an Indiana trial court erred in admitting a defendant’s statements about prior drug activity, the Indiana Court of Appeals has upheld the defendant’s current dealing conviction after finding the officers who arrested him did not violate his Fourth Amendment rights.
Supreme Court raises minimum senior judge days to 15
The Indiana Supreme Court is increasing the minimum number of senior judge service days available to the state’s courts as a means of enabling courts to provide timely justice to litigants.
COA: Officer’s failure to take oath doesn’t nullify charges
A northern Indiana police officer’s stop and subsequent arrest of an impaired driver was valid even though the policeman had not taken his oath of office, the Indiana Court of Appeals ruled Friday.
COA allows spoliation claim to proceed
The Indiana Court of Appeals has struck down a claim for a private right of action raised under Indiana’s medical record production statute, but allowed a spoliation claim against a doctor who no longer possesses a patient’s medical records to proceed. However, two judges urged the Indiana Supreme Court to reconsider a 1991 opinion that required them to strike the private right of action claim.
COA upholds 12(B)(6) dismissal of complaint against bank
A bank that removed a home from a sheriff’s sale list did not breach its contract with the property owners through an in rem decree of foreclosure because the decree included language allowing the bank to remove the home from the sale list, the Indiana Court of Appeals has ruled.
COA: Attorney fee records not protected or confidential
An Indiana trial court did not err by denying a motion to quash a request for the production of attorney fee records because such records are not protected by attorney-client privilege or the Fifth Amendment, the Indiana Court of Appeals ruled Thursday.
Divided COA rules officers’ search violated Indiana constitution
A divided Indiana Court of Appeals has thrown out a man’s drug and firearm convictions after determining the officers who discovered the evidence violated the Indiana Constitution by maneuvering around a locked gate to locate the evidence.
COA strikes down 57 percent water rate increase
The city of Washington cannot impose a 57 percent rate increase on a local nonprofit water utility after the Indiana Court of Appeals determined Wednesday that increase was not reflected by an actual increase in costs.
Justices to decide whether dismissed manslaughter trial can proceed
After initially being charged in the shooting death of his wife, John Larkin’s criminal case was thrown out after a trial court judge determined the state failed to bring Larkin to trial within the appropriate timeframe. Plus, the case was rife with state and prosecutorial misconduct, leading the judge to conclude Larkin could no longer receive a fair trial.
60 senior judges certified for 2018
The Indiana Supreme Court has certified 60 judicial officers as senior judges for the coming year.
Mentally ill woman found not guilty by insanity in pastor’s shooting
After two trials and two convictions of guilty but mentally ill in the shooting death of a Southport pastor, the Indiana Court of Appeals ordered the trial court to enter a finding of not guilty by reason of insanity against the woman who admitted to the shooting.
COA partially reverses delinquent adjudication against teen
A teenager who devised a plan to shoot his assistant principal and other students while at school has had one delinquent adjudications reversed after the Indiana Court of Appeals determined the threat the student made against the assistant principal did not meet the statutory definition of intimidation.
Attorneys: Guidance needed for waiving presence at hearing
Counsel for both parties to a mental health commitment case agreed on one central issue when they argued before the Indiana Supreme Court on Tuesday: attorneys and judges need guidance on when a respondent’s right to be present at their commitment hearing can be waived.