A trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
The Indiana Court of Appeals ordered a new trial for a sex offender convicted of failing to register while having a prior conviction. The court ruled the evidence regarding his prior convictions for failing to register shouldn’t have been admitted at trial.
The majority of an Indiana Court of Appeals panel today reversed a conviction of marijuana possession after the defendant contended there was insufficient evidence that she constructively possessed the drug.
The Indiana Court of Appeals travels to southern Indiana Wednesday to hear arguments in a case involving credit time.
The Indiana Court of Appeals affirmed that an association comprised of retail package liquor stores isn’t entitled to injunctive relief preventing the state’s Alcohol and Tobacco Commission from issuing permits to stores in the same manner it has for the last 30 years.
A northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate economic development, the Indiana Court of Appeals held Wednesday.
A trial court was correct in dismissing the petition for judicial review from a liquor wholesaler who challenged the issuance of a wine and liquor permit to a competitor because the wholesaler lacked standing, ruled the Indiana Court of Appeals.
The Indiana Court of Appeals has adopted a common-sense rule many other courts throughout the country have implemented, in requiring insurers to provide copies of their insurance policies to the insured if they ask for one following a loss.
Defense attorneys for former Indiana State Police trooper David Camm have asked the state’s intermediate appellate court to accept an interlocutory appeal and decide whether a special judge should have appointed a new prosecutor to preside over the man’s third trial.
In a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
The Indiana Court of Appeals rejected a Bloomington attorney’s argument that his arrangement of a drug buy in an attempt to discredit a state’s witness against his client wasn’t a criminal offense because he’s “on the same legal footing” as prosecutors or police in planning controlled buys.
The Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on the day they granted transfer.
The Indiana Court of Appeals reversed the denial of a father’s petition to modify child support. The judges held he didn’t waive his argument for modification because he made a prima facie showing he qualified for a modification under one subsection of the statute, even though he argued before the trial court that he qualified based on the other subsection.
The judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.
Due process requires that a respondent in a dissolution proceeding be notified of the risk of default for not appearing or otherwise responding, the Indiana Court of Appeals held Thursday. The judges reversed a couple’s decree of dissolution, ruling it was void because the summons served on the wife was insufficient.
The Indiana Court of Appeals interpreted the elements of unlawful use of body armor for the first time in a defendant’s appeal of his convictions following his attempt to flee from police.
Even though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found the company had a legitimately protectable interest in the man’s knowledge of its customers and market.
The Indiana Court of Appeals addressed vouching testimony by witnesses called during child molesting trials in two opinions Tuesday. In one case, an appellate judge was troubled by the possible effect of the cumulative vouching testimony on the jury.
The Supreme Court of the United States denied one prisoner lawsuit from Indiana today, while not saying whether it will address another case from this state on judicial speech. No decision was made on a third Hoosier case it heard arguments on more than a month ago addressing vehicular flight.
A case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question without the aid of previous interpretations because of a lack of previous caselaw interpreting them.