Articles

COA upholds seizure of pot dealer’s cash, but not truck

The Rush County prosecutor will be allowed to keep $22,907 in cash seized from a local marijuana dealer’s home safe that also contained his weed stash, the Indiana Court of Appeals ruled Thursday, but the state will have to return some seized property and also may have to return the man’s truck.

Read More

IU McKinney announces rural justice judicial clerkships

A second Indiana law school has partnered with the Indiana Supreme Court to expose more students to the practice of law in less urban communities through a rural judicial clerkship program. Indiana University Robert H. McKinney School of Law announced its collaboration with the state’s highest court, introducing five students who will take part in the “Supporting Rural Justice Initiative.”

Read More

COA: Dead Man’s Statute precludes testimony

Indiana’s Dead Man’s Statute prohibits the owners of a cattle company from testifying about their dealings with a deceased cattle farmer, the Indiana Court of Appeals has ruled, though one judge questioned whether the Dead Man’s Statute should remain law. As the sole proprietor of Cain Farms, Roger Cain purchased cattle from Kentucky-based Childress Cattle, […]

Read More

COA affirms setback distance for Eastern Indiana wind farm

The Indiana Court of Appeals on Tuesday upheld a Rush County zoning ruling requiring industrial wind turbines to be at least 2,300 feet from some people’s property lines. The judges emphasized that the zoning ordinances outline minimum distances and the zoning board is able to increase those distances when warranted.

Read More

COA refuses to rule defendants get blanket immunity

The Indiana Court of Appeals affirmed that an arrestee brought to the hospital by police who was forced to have a catheter
to obtain a urine sample can’t sue the health-care providers under the Medical Malpractice Act. The appellate judges
also ruled the health-care providers weren’t entitled to blanket immunity.

Read More

Boy can’t sue for lack of probable cause

The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.

Read More