Articles

Judges affirm elevated drug convictions

The state presented sufficient evidence to prove a defendant delivered and possessed methamphetamine within 1,000 feet of
a family housing complex, so the Indiana Court of Appeals affirmed elevating his convictions to a higher felony level.

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Justices: Claim not allowed under MedMal act

Because claims for emotional distress aren’t allowed under the Adult Wrongful Death Statute, a father can’t bring
this type of derivative claim under the Medical Malpractice Act, the Indiana Supreme Court ruled today.

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Translated transcripts necessary for jury

A trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions
recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.

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BLE needs second site to fit applicants

There are a lot of people who want to become attorneys. So many people, in fact, that the Indiana Board of Law Examiners has
had to find a second location to administer the July test.

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COA: negligence claim should go to trial

The Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence
following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.

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COA upholds stop of teen with gun

The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his
waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded
the juvenile court’s comments to the teen’s father don’t require a remand.

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Gaming agents have full police power

A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense
of resisting law enforcement, the Indiana Court of Appeals decided today.

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Tax court orders USUT refund

The Indiana Department of State Revenue erred in concluding that a natural gas-fired power plant in Terre Haute was subject
to the Utility Services Use Tax, ruled the Indiana Tax Court Wednesday.

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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.

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Judges uphold sentence increase on appeal

The Indiana Court of Appeals affirmed the defendant’s sentence that they had increased on appeal in March in an opinion
on rehearing today and addressed the characteristics of an Indiana Appellate Rule 7(B) review.

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Officer’s questions went beyond seat belt act

The inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge"
in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.

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Justices differ on defining ‘youth program center’

Two Indiana Supreme Court justices objected to affirming a man’s drug sentence for possession within 1,000 feet of a
“youth program center” because the church that ran the programs wasn’t easily identifiable as regularly
running programs for kids.

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