Judges split on mortgage issue
In a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to whether the mortgagee on record had an enforceable right under a mortgage.
Justices/Judges
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Supreme Court receives threats after ruling
The Indiana Supreme Court has received threatening calls and emails following a ruling last week in which the high court said Hoosiers can’t resist unlawful entry into their homes by police.
DOC drops kosher meal appeal
The 7th Circuit Court of Appeals has granted the Indiana Department of Correction and other appellants’ motion to dismiss their appeal of a case in which a federal judge found the DOC violated prisoners’ rights by denying kosher meals.
Perry County only preferred venue for wage suit
In an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed by the Commissioner of Labor under the act.
Justice: Ruling lets government agents enter homes illegally
Two Indiana Supreme Court justices dissented from their colleagues in a case involving the right to resist unlawful police entry into a home, with one justice writing that he believes the majority is “essentially telling Indiana citizens that government agents may now enter their homes illegally.”
Justices divided on whether case should be before Tax Court
The Indiana Supreme Court split Thursday on whether the attorney general’s attempt to recover an erroneously issued “tax refund” to a company should proceed in state court or in the Indiana Tax Court.
Planned Parenthood’s request for restraining order denied
Judge Tanya Walton-Pratt has denied Planned Parenthood of Indiana's request for a temporary restraining order barring the enforcement of a law signed by Gov. Mitch Daniels on Tuesday.
Justices rule on ‘no-knock’ warrant executions
The Indiana Constitution doesn’t require prior judicial authorization for a “no-knock” execution of a warrant when justified by exigent circumstances, the Indiana Supreme Court held Tuesday. This is the case even if those circumstances are known by police when the warrant is obtained.
Judge David Dreyer: Law is about people, emotion and all
My daughter lives in Oregon but she never calls. But the other night she did text. Of course I did not find it until later, and it simply reported in plain terms the largest historical event of her young adult life. No glee, no joy, just a simple statement about what happened in Pakistan. But I have not been able to stop thinking what made it so important to contact her parents.
COA affirms remanded sentence
The Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other convictions.
Judge rules against former deputy in Taser suit
A federal judge has ruled in favor of the Hamilton County sheriff and other officials in a former employee’s lawsuit filed after the employee was fired for refusing to be shocked by a Taser as part of a training session.
Judges order modification of dissolution decree
The Indiana Court of Appeals found a trial court abused its discretion when it didn’t consider a $160,000 change in value of a property when calculating marital assets and distributing marital property.
Chief Justice given Circle of Hope Award
Indiana Supreme Court Chief Justice Randall T. Shepard received the Richard M. Fairbanks Circle of Hope Award Wednesday in Indianapolis. He received the award at the 10th annual Fairbanks Circle of Hope Dinner.
Beech Grove City judge publicly admonished
The Indiana Commission on Judicial Qualifications has publicly admonished Beech Grove City Court Judge Charles W. Hunter for comments he made last year to an Indianapolis television reporter.
Landlord sent itemized letter on time
The Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord did deliver an itemized damages letter within statutory deadlines.
7th Circuit addresses sex offender registration law
The 7th Circuit Court of Appeals has joined a majority of other circuits nationwide in finding that the federal sex offender registration law is not a retroactive punishment on those who were convicted prior to 2006 and traveled after the law was enacted.
SCOTUS denies cert, upholding Indiana’s judicial canons
It’s official: Indiana’s judicial canons are constitutional and the rules don’t infringe upon a judge or candidate’s free speech rights.
Pinched nerve causes chief justice to miss arguments, Evansville event
Indiana Supreme Court Chief Justice Randall T. Shepard is dealing with a painful pinched nerve in his neck but is working on managing the pain and has not been hospitalized as a result of the condition, said Supreme Court Public Information Officer Kathryn Dolan.
SCOTUS denies Indiana judicial canons case
The Supreme Court of the United States has refused to take a case asking whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.
COA rules on unjust enrichment issue for first time
For the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent with the contract.