An Indiana Court of Appeals judge raised six points in a dissent Monday as to why he disagreed with his colleagues’ decision to affirm the revocation of a man’s probation based on the conclusion that the defendant knowingly, intelligently, and voluntarily waived his right to counsel.
The Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory damages and attorney fees.
In a case of first impression, the Indiana Court of Appeals had to decide whether the timely filing of a doctor’s report in an involuntary commitment is a jurisdictional prerequisite or a procedural requirement.
The Indiana Supreme Court addressed the issue of unanimous jury verdicts in child molesting cases Thursday, and adopted reasoning from the California Supreme Court when dealing with the “either/or” rule in cases where multiple instances are mentioned but the defendant faces only one charge.
The Indiana Court of Appeals affirmed the dismissal of a parent and taxpayer group’s legal challenge to the closing of a Fort Wayne school, finding the decision doesn’t violate the state constitution.
A divided Indiana Court of Appeals reversed a defendant’s convictions, including attempted battery with a deadly weapon, finding the state’s explanations for striking the only African-American from the jury were pretextual and purposeful discrimination.
Gov. Mitch Daniels has appointed a three-member panel to oversee the transition of the department of toxicology to the State of Indiana from Indiana University School of Medicine. The panel will begin work immediately, Daniels’ office reported June 21.
Indiana doesn’t allow people to sue when they’ve had corporate opportunities taken away by business partners who’ve gone off and formed new partnerships with others, and the state Court of Appeals declined to decide whether non-fiduciaries can be held liable for usurping corporate opportunity.
The Indiana Supreme Court has affirmed a trial court judge’s finding that the city of Evansville and its animal control division are not liable in a dog attack that seriously injured a boy.
The Indiana Court of Appeals will hear arguments in Cynthia Welch v. Shawn Young, et al., at 2:30 p.m. June 23 at Indiana State University’s Tirey Hall, Tilson Auditorium. Judges John G. Baker, Edward W. Najam, Jr., and Melissa S. May will hear the case before a group of teenagers participating in Hoosier Girls State.
A man who appealed his burglary conviction over the state’s objection did not fully understand the terms of his plea agreement, the Indiana Court of Appeals held Friday.
The Indiana Court of Appeals has ruled that a man who helped participate in a robbery that left the victim blind must be cleared of a criminal confinement conviction because the same evidence may have been used to convict him on another charge.
The Indiana Supreme Court handed down two opinions Tuesday in which the defendants, who were found to be incompetent at some point, argued that pending charges violated their rights to due process on fundamental-fairness grounds.
The Indiana Court of Appeals agreed with a trial judge that a police officer didn’t have reasonable suspicion to stop a driver believed to be intoxicated.
A panel of Indiana Court of Appeals judges will hear arguments in a contempt of court case Wednesday in northeast Indiana.
The Indiana Court of Appeals reversed a finding by the state Worker’s Compensation Board that a woman’s employer isn’t responsible for providing a specific prescription drug to her, noting that the board only focused on one possible reason why the drug is prescribed.
An Indiana Court of Appeals judge wrote a separate opinion in an unlawful arrest case, emphasizing that the facts before the court differ from those before the Indiana Supreme Court justices in Barnes v. State.
In ruling on a slip-and-fall case involving injury occurring in an apartment complex parking lot during the winter, the Indiana Court of Appeals noted that there are not any Indiana cases with an identical fact pattern, so they looked to a similar Missouri case for guidance.
The Indiana Court of Appeals affirmed in part and reversed in part the decision by the Indiana Utility Regulatory Commission finding United States Steel Corp. acted as a public utility when it delivered electricity and natural gas to another steel producer in northwestern Indiana.
The Indiana Court of Appeals concluded that a man has standing to pursue his legal malpractice action, although issues of material fact preclude him from summary judgment as to the attorney’s liability for malpractice.