Indianapolis bar owners challenge city’s smoking ban
The Indiana Court of Appeals has heard arguments from the owners of two Indianapolis bars who want to overturn the city’s 2012 ban on smoking.
Indiana Court of Appeals
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Failure to buckle a seatbelt cannot be used to prove contributory negligence
The city of Fort Wayne will not be able to present evidence at trial that an injured passenger in a traffic accident was not wearing a seatbelt. The Indiana Court of Appeals has ruled that a violation of the state’s Seatbelt Act may not be used to prove contributory negligence.
Justices author dissents in appeal denials
The Indiana Supreme Court won’t hear two cases in which justices felt compelled to write dissents arguing why they believed toxic-litigation and marital estate distribution appeals should be heard.
Ruling clarifies, broadens admissibility of social media content as evidence
Donnell Wilson’s murder convictions for shooting and killing two gang members in Gary relied in part on Twitter posts shown to a jury in which he bragged about having a gun and threatened to shoot rival gang members.
Property owners have no duty for tenant’s free-running dog
Although the landlords provided the means to restrain the tenant’s dog, they are not responsible for the injuries a motorcyclist sustained when the pooch dashed into the road and caused an accident.
6 selected for ICLEO internships
Six law school students have been chosen to participate in the 2015 Carr L. Darden Conference for Legal Education Opportunity internship program.
Court of Appeals interviews to be held June 10
Eight judges and lawyers vying for appointment to the Indiana Court of Appeals will be interviewed June 10 by the Indiana Judicial Nominating Commission. The commission will recommend three finalists to Gov. Mike Pence, who will select the person to succeed Judge Ezra Friedlander, who is retiring at the end of August.
Admission of recording is harmless error
A recording of a victim’s conversation with friends should not have been admitted into evidence at trial, but the Indiana Court of Appeals ruled it was a harmless error.
COA: Rapper’s brokered peace treaty irrelevant in murder case
A rapper convicted as an accomplice in the murder of Indianapolis disc jockey Thomas Keys failed on appeal to show his brokering of a peace treaty between rival rap groups was wrongly excluded from evidence in his trial.
Justices acquit two involved in fistfight turned fatal
An Indianapolis teen and another man convicted and sentenced to 15 years in prison for their roles in a planned beatdown that ended with a fatal gunshot will be freed after the Indiana Supreme Court reversed their convictions and ordered them acquitted.
Brownsburg annexation opponents win on appeal
Opponents of the Town of Brownsburg’s planned annexation of 4,461 acres to its north prevailed before the Indiana Court of Appeals Friday. The court ruled the trial judge erred in determining he lacked subject matter jurisdiction to determine whether the residents’ remonstrance petition was valid.
Divided Supreme Court declines to take med mal case
The Indiana Supreme Court by a vote of 3-2 decided this week to not take the case of a man who sued for medical malpractice those who treated his now-deceased wife. The lower court and Court of Appeals found no existence of a physician-patient relationship between the on-call hospital specialist and the wife, the issue that caused two justices to dissent.
Justices adopt ‘any insurance’ approach in subrogation dispute
Deciding an issue of first impression stemming from a fire that heavily damaged the Jefferson County courthouse in 2009, the Indiana Supreme Court on Wednesday decided Indiana should follow the “any insurance” approach in deciding when property owners waive subrogation rights in certain cases. In doing so, the justices rejected the “work versus non-work” approach that the Court of Appeals has used.
COA vacancy interviews delayed to June
The Indiana Judicial Nominating Commission will not be interviewing the eight applicants for a Court of Appeals vacancy next week, as originally announced. The interviews will now take place sometime in June.
Mother’s battery on teen not protected by parental privilege
The Indiana Court of Appeals on Wednesday upheld a mother’s misdemeanor battery conviction for hitting her daughter nearly 20 times with a belt after previous discipline did not stop the teen from communicating with boys on social media.
Teen’s rights not violated by search of sweatshirt
A Marion County teen’s constitutional rights were not violated when a police officer responding to a report of a teen in a black hooded sweatshirt with a gun opened a similar sweatshirt next to the teen and found a gun, the Indiana Court of Appeals held Wednesday.
Justices order hearing on whether to temporarily admit out-of-state lawyers
A Lake County court erred when it relied on a local rule to determine that five out-of-state attorneys should not be granted pro hac vice admission because the party seeking their admission could potentially hire capable Indiana attorneys to provide the franchise law work, the Indiana Supreme Court ruled Tuesday.
Man not entitled to separate molestation trials, justices hold
The Indiana Supreme Court on Tuesday rejected a man’s argument that he was entitled to three separate trials on the allegations he molested his three granddaughters. In doing so, two justices said they believe the Supreme Court needs to give more guidance on motions to sever.
Justices reverse CHINS finding, noting father coerced to admit adjudication
Because a Marion Superior Court judge’s remarks and conduct in their cumulative effect breached the court’s duty of impartiality and amounted to coercion of a 17-year-old girl’s father to admit she was a child in need of services, the Indiana Supreme Court reversed the CHINS adjudication.
Wife of Indiana judge charged with sending him threats
The wife of an Indiana Court of Appeals judge is accused of sending her husband threatening messages in a scheme to make it appear that their son-in-law was terrorizing the family.