Articles

Personal cars fall under federal act exemption

The billing agent for a central Indiana volunteer fire department can’t bill individuals involved in auto accidents with their personal vehicles for clean-up costs of hazardous substances, according to the 7th Circuit Court of Appeals.

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15 apply to be Supreme Court justice

Fifteen people have applied to be the next Indiana Supreme Court justice, the high court announced Friday. They are vying to replace Chief Justice Randall T. Shepard, who will leave the bench March 4.

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Judge rules on summary judgment motions in IBM case

The State of Indiana may be on the hook to pay IBM $40 million in subcontractor assignment fees per the contract it had with IBM to update the state’s welfare system, a contract the state cancelled in October 2009 because it wasn’t happy with results.

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Justices rule on Post-Conviction Rule 2

The Indiana Supreme Court was divided in two ways in a case involving Indiana Post-Conviction Rule 2: on what standard to use to judge the performance of PCR 2 counsel and whether a defendant should be allowed to appeal the denial of his petition to file a belated direct appeal.

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COA webcasts to resume Wednesday

After being knocked offline for two months because of technical issues, Indiana Court of Appeals arguments will be webcast again beginning Jan. 25.

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COA: sentence waiver is valid

The Indiana Court of Appeals affirmed the denial of a defendant’s petition for permission to file a belated notice of appeal, finding that she waived the right to challenge her sentence in a direct appeal.

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Judges reverse award of attorney fees

The Indiana Court of Appeals reversed the award of attorney fees to a daughter who was sued by her mother following a fall, finding there were no valid legal conclusions justifying the award.

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Justices: patient fund not entitled to set-off

The Indiana Supreme Court has affirmed a $1 million excess damages award from the Indiana Patient’s Compensation Fund to the estate of a man who died following a truck accident, determining the fund is not entitled to a reduction of the award to account for the 20 percent chance the man would have died even without the doctor’s negligence.

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Appellate court affirms juvenile committed theft, burglary

There was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a license and ordered that the juvenile court correct its dispositional order.

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COA: arbitration provision null and void

The Indiana Court of Appeals has affirmed the denial of a payday loan company’s motion to compel arbitration in a lawsuit filed by a customer. The COA relied on a nearly identical case involving the same plaintiff in which another appellate panel found that since the arbitrator named in the agreement is no longer available, the arbitration provision is null and void on grounds of impossibility.

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Judges reverse denial of motion to suppress

The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.

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