Indiana Court of Appeals

Indiana’s judicial system is on track to achieve statewide electronic filing in all courts by early 2019 at the latest.

The state’s Supreme Court justices outlined the latest information from the court’s annual report Tuesday.

Seventy percent of all new cases statewide in the last year were filed through Odyssey, Indiana’s primary court data system. That’s up from 65 percent the year before.

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An Indiana Court of Appeals decision on rules surrounding gender changes in legal documents could make transitioning more private – and arguably much safer – for transgender Hoosiers.

Appeals Court Rules For Pence In Open Records Suit

Jan 9, 2017

 

The Indiana Court of Appeals ruled Monday that former Gov. Mike Pence did not have to disclose certain documents related to challenging President Obama’s immigration orders.

Pence, using outside counsel, joined in a 2014 Texas lawsuit challenging President Obama’s executive orders on immigration. Indianapolis attorney William Groth filed a request under Indiana’s Access to Public Records Act, or APRA, to view communications and documents related to that decision.

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Indiana’s Department of Child Services says it’s doing all it can to comply with caseload requirements in state law and that a court can’t order it to do more.

Lawyers for the agency made that case Wednesday before the Indiana Court of Appeals.

Indiana law says the Department of Child Services must provide enough caseworkers so that the average caseload doesn’t exceed 17 children.

All but one of the 19 regions in the state exceeds that standard. Caseworker Mary Price oversees 43 children.

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The Indiana Court of Appeals heard arguments from Purvi Patel Monday. Patel’s case gained national attention in March of 2015 when she was convicted of child neglect and feticide after she delivered an extremely preterm fetus alone in her northern Indiana home.

Patel is the first woman in the country convicted of feticide for ending her own pregnancy after taking abortion drugs she bought online.

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The Indiana Court of Appeals says the University of Notre Dame’s security police department is a public agency and therefore should comply with open records requests.

But questions remain about what types of records the university must release.

The ruling is the latest decision in a lawsuit ESPN filed against Notre Dame last year for failing to hand over records the sports network requested.

ESPN had requested records from several universities as part of an inquiry into interactions between university police departments and student athletes.

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The next time voters choose judges in Marion County, they may not know who's a Republican and who's a Democrat.

A federal court ordered legislators to replace the current system which elects an equal number of Republicans and Democrats in the primary.

The Senate voted to stop electing judges at all, and have a commission appoint them, but then voters would vote yes or no on keeping them. The House version strips the party labels from the yes-or-no ballot.

Defense Trial Council of Indiana spokesman Tom Schultz says that’s a big improvement.

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Governor Mike Pence Friday announced his pick to fill a vacancy on the Indiana Court of Appeals – the first such appointment Pence has made in his two and a half years in office. 

Robert Altice has been through this process before – three times he’s been nominated to fill an Appeals Court vacancy.  And as Altice put it, the third time was the charm. 

The Marion County Superior Court judge and former Marion County Deputy Prosecutor was chosen from three nominees to fill the seat of Appeals Court Judge Ezra Friedlander, who’s retiring after 22 years in the post. 

Appeals Court Rules Indy Smoking Ban Unconstitutional

Jun 25, 2015
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The state Court of Appeals says part of Indianapolis‘s smoking ban is unconstitutional. A unanimous three-judge panel ruled the city could not ban smoking at bars and restaurants and at the same time exempt the Winner‘s Circle off-track betting facility, which has a bar and restaurant.

The reasoning was virtually the same as last year‘s ruling from the state Supreme Court that struck down Evansville’s smoking ban, since its only exemption was for the city‘s riverboat casino.

Bill That Lists Synthetic Drug Compounds Passes Committee

Feb 19, 2015
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A Senate committee passed a bill Wednesday that would clarify the state’s prohibition on synthetic drugs and the compounds used to make them.

The legislation comes after an existing law was overturned by a state appellate court.

In a 2-1 decision, the Indiana Court of Appeals ruled that the state’s law on synthetic drugs and compounds is too vague for the average citizen to understand.

In response, Sen. Jim Merritt, R-Indianapolis, authored Senate Bill 93, which would list all illegal substances used in these drugs within the state’s administrative code.

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