Appellate court to travel to IU East to hear negligence case
The case involves an Avon woman who sued the owner of a pit bull after the dog bit her.
Judge Leanna Weissmann
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Year in Review: COVID aside, Barrett’s ascent to SCOTUS tops year’s biggest legal news stories
COVID may have seemed like the only thing that happened in 2020, but for Indiana’s legal community, the past year brought watershed developments that will be with us for years to come, many of which were touched directly by the pandemic. Here are the Top 10 non-coronavirus Indiana legal news stories as determined by consensus of the Indiana Lawyer editorial staff.
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Coming full circle: Weissmann joins COA after years of appellate practice
At 10 a.m. Monday, Leanna Weissmann transitioned from practitioner to judge. “What a star,” Chief Justice Loretta Rush said of Weissmann when her appointment was announced. “I will miss you standing before me arguing cases. … I always knew it would be a whale of an argument.”
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Articles
Indiana Court of Appeals to hold court in Fever practice gym
The Indiana Court Appeals will be on the road for the three traveling oral arguments this month with one stop being the Indiana Fever Practice Court.
Appeals court upholds injunction against Indiana abortion ban but wants it to be more limited
Ken Falk, ACLU of Indiana legal director, said the appeals court decision reflects the “clear directive” that the Religious Freedom Restoration Act “protects religious freedom for all Hoosiers.” The Indiana Attorney General’s Office did not immediately respond to Indiana Lawyer’s request for comment on whether the state would appeal the decision.
Appellate court affirms convictions, habitual offender adjudication following community emergency
The state proved beyond a reasonable doubt that a Clark County man knowingly exerted unauthorized control over a motor vehicle and provided sufficient evidence for his felony auto theft conviction, the Indiana Court of Appeals affirmed Monday.
COA upholds preliminary injunction against construction of Carmel senior living group home
Construction of a proposed senior group home in Carmel cannot move forward after a split panel of the Court of Appeals of Indiana affirmed a preliminary injunction challenging the underlying building permit.
Marijuana, meth convictions reversed for insufficient evidence, double jeopardy
The legalization of hemp has led to the reversal of a man’s possession of marijuana conviction at the Court of Appeals of Indiana, which also vacated a meth-possession conviction on double jeopardy grounds.
COA to hear false impersonation case at Terre Haute high school
The Court of Appeals of Indiana will be traveling west this week to hear oral arguments in case in which a man falsely impersonated a detective.
In 3rd appeal, COA again rules against couple operating shooting range without a permit
Returning to the Court of Appeals of Indiana for the third time, a couple operating a shooting range on their property without the proper permitting failed to find relief from an order in favor of the local planning commission.
COA focuses on compelling interest, exceptions to abortion ban in arguments on RFRA injunction
The fate of an injunction against Indiana’s near-total abortion ban on religious freedom grounds is now in the hands of the Court of Appeals of Indiana, which heard arguments in the case on Wednesday.
Oral arguments in RFRA challenge to abortion ban set for Wednesday
The Court of Appeals of Indiana is set to hear oral arguments next week in a two-part challenge to Indiana’s near-total abortion ban under the state’s Religious Freedom Restoration Act.
Denial of bond reduction not eligible for belated appeal under PCR 2, COA rules in dismissal
A man challenging the denial of his bond reduction motion cannot pursue a belated appeal under Post-Conviction Rule 2, the Court of Appeals of Indiana ruled Wednesday, finding no “extraordinarily compelling reasons” to reinstate his forfeited appeal.
Damages based on traffic flow were too high in I-69 takings case, COA rules
Indiana Supreme Court precedent holding that damages associated with traffic flow variations are not compensable is controlling in a case where the state seized a parcel of land in Johnson County for the I-69 project, the Court of Appeals of Indiana ruled.
State not responsible for compensating couple that built illegal dam on property, COA affirms
A Grant County couple cannot “rely on the state to bail them out” and are not entitled to compensation for damages related to the construction of a massive dam on their property, the Court of Appeals of Indiana affirmed Wednesday.
2 aggravated battery convictions related to judges’ 2019 shooting overturned, but defendant’s self-defense, fundamental error claims rejected on appeal
The man convicted of aggravated battery and other charges in connection with the 2019 shooting of two Indiana judges will see two of his aggravated battery convictions overturned for a double jeopardy violation, although his other convictions were upheld.
Educators go ‘behind the curtain’ for civics crash-course on Indiana judiciary
A dozen social studies teachers from across the state traveled to the Indiana Statehouse on Wednesday to get a behind-the-scenes look at the judiciary and fresh ideas on civics education.
Man failed to show statutory requirements for expungement of DCS records that proved juvenile child molesting allegations, COA affirms
Indiana law didn’t back up a man’s contention that a trial court should expunge Indiana Department of Child Services records substantiating his molestation of his sisters, the Court of Appeals of Indiana affirmed Wednesday.
‘Relatively minor’ juvenile offense didn’t warrant commitment in DOC, COA rules in reversal
A teen’s placement in the Department of Correction for a “relatively minor” juvenile offense was erroneous, the Court of Appeals has ruled, finding a juvenile court did not sufficiently explore less restrictive options.
Officers violated federal, state constitutions in warrantless entry, searches, COA rules in reversal
The Court of Appeals of Indiana has reversed the denial of a defendant’s motion to suppress evidence related to his meth charge, finding the warrantless entry of his home tainted the subsequent searches and discovery of evidence.
Indiana man can’t be removed from sex offender registry for Kentucky offense, COA affirms
A man convicted of a sex crime against a minor 15 years ago in Kentucky must remain on Indiana’s sex offender registry, the Court of Appeals of Indiana affirmed Tuesday.
COA affirms finding of probation violation after defendant taken into immigration custody
A man who argued he couldn’t comply with the conditions of his probation because he was taken into immigration custody upon his release has failed to convince the Court of Appeals of Indiana that a trial court erred in finding he violated his probation.