Articles

Indiana joins fight for National Day of Prayer

Indiana has joined the fight to reverse the holding by U.S. District Court in the Western District of Wisconsin that the federal
law providing for a National Day of Prayer violates the Establishment Clause.

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Police entry violated man’s constitutional rights

The entry by police into a man’s apartment based on uncorroborated information from an anonymous source violated the
man’s federal and state constitutional rights, the Indiana Supreme Court ruled Wednesday. Because of this, the drugs
found in the man’s apartment must be suppressed.

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Justices: no summary judgment for grocer in negligence suit

The Indiana Supreme Court upheld the denial of a supermarket’s motion for summary judgment in a negligence case, finding
the company failed to carry its burden in showing that criminal activity on its premises at the time a customer was assaulted
wasn’t foreseeable.

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1-year limit toll not extended by appeal

The one-year limit to file a motion for relief from judgment under Indiana Trial Rule 60(B) is not from the time an appeals
court rules on the matter, but must be made within one year after the trial court enters its order, the Indiana Court of Appeals
ruled today in an issue of first impression.

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Booking card exception to hearsay rule

A booking card created by law enforcement in the course of a ministerial, nonevaluative booking process is not subject to
the police reports exclusion under Indiana Evidence Rule 803(8), the Indiana Court of Appeals decided today.

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Justices address economic loss rule in 2 opinions

In two separate rulings involving the “economic loss rule,” the Indiana Supreme Court ruled against a library
seeking to hold subcontractors and an engineer responsible for negligence, and in favor of a bank in its tort claim against
a title company.

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Justices address habitual-offender statute

The Indiana Supreme Court tackled the state’s habitual-offender statute today in two separate rulings, finding that
an instant offense of drug dealing, coupled with a prior conviction, can qualify a defendant as a habitual offender.

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Justices answer certified question

The Indiana Supreme Court Monday answered the certified question sent to them by the U.S. District Court in New York about
what standard should be applied in determining whether a director is “disinterested” under Indiana Code Section
23-1-32-4(d).

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Justices order trial on reasonable force issue

A law enforcement officer’s use of force in excess of reasonable force authorized by statute isn't shielded from
liability under the "enforcement of a law" immunity under Indiana Code Section 34-13-3-3(8), the Indiana Supreme
Court held today.

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