Barnes to retire from Court of Appeals in June
Longtime Indiana Court of Appeals Judge Michael Barnes has announced he will retire from the appellate court bench on June 1.
Justices/Judges
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Law school graduate’s case won’t be heard
A federal judge has reaffirmed his decision not to hear a law school graduate’s case against the members of the Indiana Board of Law Examiners, declining to grant a motion for reconsideration based on a finding that the board’s proceedings against him were not in bad faith.
Magnus-Stinson issues warning to parties filing frivolous motions
Indiana Southern District Chief Judge Jane Magnus-Stinson has issued a stern warning to any defendants considering filing an affirmative defense of failure to exhaust administrative remedies under the Prison Litigation Reform Act – provide evidence to support that claim or abandon the defense entirely.
Justices to review who can waive rights of mentally ill
The Indiana Supreme Court will decide whether trial courts have authority to waive respondents’ rights to be present at their mental health commitment hearings after granting transfer to a case in which a man was not present for his commitment hearing.
District court won’t enter judgment against Cuban government in sexual assault case
A district court judge has declined to enter default judgment against the Republic of Cuba on an Indiana woman’s claim against the foreign nation after finding members of the Cuban National Soccer Team were not acting within the scope of their employment for the country when they sexually assaulted her.
COA grants summary judgment to contractors protected by subrogation waiver
An insurance company cannot seek reimbursement from two contractors on a claim it paid on behalf of its insured because the insured’s contract with the contractors contained a subrogation waiver that bars the insurer’s negligence claim, the Indiana Court of Appeals ruled Tuesday.
Workforce Development entitled to summary judgment on claim against penalties
The Indiana Department of Workforce Development complied with the relevant statutes when issuing a letter informing a citizen of a determination against the agency and, thus, was entitled to summary judgment on the citizen’s claims against the penalties outlined in the letter, the Indiana Court of Appeals has ruled.
COA tosses two convictions against man who drove into gas pumps
A man who intentionally drove a vehicle into gas pumps during an argument with his son will have two of his convictions thrown out after the Indiana Court of Appeals determined those convictions were based on the same evidence as other similar convictions and, thus, violated double jeopardy.
COA: Illinois and Indiana aggravated battery statutes not substantially similar
The Indiana Court of Appeals has reversed a man’s felony conviction of unlawful possession of a firearm by a serious violent felon after determining the Illinois aggravated battery statute used to establish the man as a serious violent felon is not substantially similar to the same statute in Indiana.
HIV-positive man loses appeal of failure to warn conviction
An HIV-positive man who failed to inform his sexual partner of his AIDS diagnosis and consequently transmitted HIV to her has lost the appeal of his conviction of failure to warn after the Indiana Court of Appeals found sufficient evidence to support that conviction on Monday.
Insurance company entitled to full refund on taxes paid in Texas
The Indiana Department of State Revenue must reimburse an Indianapolis insurance company the full amount of use tax it paid in Texas after the Indiana Tax Court ruled Friday that the tax the company paid in Texas qualifies for a credit under Indiana statute.
Sessions slams judges for thwarting Trump policies
The nation’s chief law enforcement officer on Thursday blasted federal judges who have thwarted or criticized Trump administration policies, accusing them of trying to veto the president’s decisions because they disagree with him politically.
Reversal: Facebook post is defamation, merits damages
A southern Indiana woman who lashed out at her late boyfriend’s mother on Facebook must pay the consequences, which the Indiana Court of Appeals said Tuesday include monetary damages.
COA reversal: Trial court error would have doubled estate’s obligation
A trial court order in an intergenerational trust dispute was reversed Tuesday by the Indiana Court of Appeals, which held the court clearly erred in a ruling that would have obligated an estate to pay twice the amount it received from a prior trust.
Human trafficking focus of Indianapolis presentation
The Community Justice Academy of the Marion County Prosecutor’s Office will host an event tonight in Indianapolis updating the community on the local fight against human trafficking.
Judicial Nominating Commission certifies senior judges for next year
The Indiana Judicial Nominating Commission has certified three new senior judges for the next year.
Indiana man allegedly threatened 2 judges, police officer
A northeastern Indiana man faces intimidation charges for allegedly threatening two county judges and a police officer.
Southern District to get help of Wisconsin, Illinois judicial officers
The second-busiest federal district court in the nation soon will get some relief from magistrate judges from other district courts in the 7th Circuit. The Southern District of Indiana’s ongoing judicial emergency has been compounded by the death of Magistrate Judge Denise K. LaRue.
Richard Posner retires from appeals court bench in Chicago
U.S. Appeals Court Judge Richard Posner, whose acerbic wit and legal opinions made him a legend in legal circles, announced Friday that he is retiring. Posner, 78, is stepping down after more than three decades on the 7th U.S. Circuit Court of Appeals in Chicago.
Indiana legal community encouraged to defend judicial independence
Detailing the attacks on state and federal courts, the president of the National Center for State Courts said opposition groups were trying to strike at the foundation of the judiciary and admonished the legal community to defend judicial independence.