A Porter County court erred in merging the issue of confidentiality for purposes of discovery with the issue of restricting public access to materials filed in court, the Indiana Court of Appeals ruled Tuesday. It ordered a hearing at which a man involved in a lawsuit with his brother must prove why portions of his deposition should be restricted from public access under Administrative Rule 9.
In a pair of cases before the Indiana Court of Appeals Tuesday, parents argued that their due process rights were violated when a different magistrate reported findings and conclusions to the judge than the magistrate who heard the cases. The magistrate initially on the cases resigned before making reports to the juvenile court.
There is sufficient evidence to support the decision that a man must pay back unemployment benefits he used while working and that the man falsified information in order to receive those benefits, the Indiana Court of Appeals held.
The Indiana Court of Appeals held Tuesday that a reasonable jury could find that a man’s actions in trying to prevent his girlfriend from using cocaine were disproportionate to the harm avoided if she had used the drug, thus putting an end to his defense of necessity claim. The judges upheld Gerald Clemons’ possession of cocaine conviction.
Terre Haute attorney Steve Williams will join more than 850 attorneys around the country and Canada to educate students on the dangers of texting and driving.
The Indiana Court of Appeals clarified for a defendant its previous conclusion that he never applied for acceptance into a county post-conviction forensic diversion program and affirmed that his petition for judicial review was not proper.
Money talks, the saying goes, and many Americans think it’s telling judges how to rule on cases, according to results of a poll released Thursday.
As many as 80 clients of a Kokomo attorney may have pre-paid for bankruptcy petitions that the attorney failed to file before leaving the country, according to the lawyer appointed to wind down the practice.
Indiana Court of Appeals
Denielle R. Pharr v. State of Indiana (NFP)
84A05-1305-CR-223
Criminal. Reverses revocation of work release and reinstatement by the trial court without credit time of the remainder of Pharr’s sentence. Remands for the court to issue a revised abstract of judgment.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Chaunsey L. Fox v. State of Indiana
71A04-1304-CR-187
Criminal. Affirms felony murder conviction. The trial court did not abuse its discretion by denying Fox’s motion to dismiss and allowing the jury to determine the issue of credibility and answer the question of who was telling the truth.
The Indiana Supreme Court has agreed to hear two cases, including one involving a homeschooling group that presented an issue of first impression regarding education under civil rights law.
The Indiana Court of Appeals rejected a man’s argument that murder charges should have been dismissed based on a plea agreement he made with the state, finding no error by the trial court in allowing the jury to decide whether the defendant’s testimony was credible. The plea agreement preventing prosecution for murder would be in effect only if the defendant met certain criteria.
Kokomo attorney Bradley Hamilton has been missing more than a month, leaving behind numerous unrepresented clients.
A federal judge in California Friday denied the National Collegiate Athletic Association’s request to dismiss antitrust claims in a lawsuit involving the use of student athletes’ images and likeness in video games and on television. The ex-athletes brought the lawsuit against the Indianapolis-based NCAA four years ago. The trial is scheduled for 2015. IBJ.com has the latest on the case.
Indiana Court of Appeals
Tyrez Boyd v. State of Indiana (NFP)
49A02-1303-CR-287
Criminal. Affirms conviction of Class A misdemeanor battery.
Daniel E. Wilkins v. State of Indiana (NFP)
02A05-1303-PC-117
Post conviction. Affirms denial of petition for post-conviction relief.
Michael Grey v. State of Indiana (NFP)
49A05-1303-CR-132
Criminal. Affirms convictions of six counts each of Class A felony child molesting and Class B felony child molesting, and two counts of Class C felony child molesting.
In the Adoption of B.R.; F.R. v. J.B. and E.B. (NFP)
18A02-1302-AD-185
Adoption. Affirms order granting petition for adoption of B.R. by J.B.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Michael A. Lane v. State of Indiana
82A05-1212-CR-640
Criminal. Affirms convictions of murder, Class B felony conspiracy to commit dealing in a schedule II controlled substance, and two counts of Class C felony criminal recklessness. Holds an instruction on reckless homicide was not warranted and that brief testimonial hearsay evidence admitted was harmless beyond a reasonable doubt.
The Indiana Court of Appeals found that evidence of a defendant’s prior bad acts was not properly admitted at his trial for theft of gasoline, but affirmed his conviction because the admission was a harmless error.
Professionals who want to better understand the law, but not practice it, will be able to earn a Master of Jurisprudence degree from Indiana University Robert H. McKinney School of Law beginning next year, the school announced Thursday.
Professionals who want to better understand the law, but not practice it, will be able to earn a Master of Jurisprudence degree from Indiana University Robert H. McKinney School of Law beginning next year, the school announced Thursday.
Because of overwhelming evidence placing the defendant at the scene of a shooting, the admission of additional evidence that before the shooting, a victim made calls to a phone number associated with the shooter did not affect the verdict, the Indiana Court of Appeals held Friday.