Articles

COA: Judge should have recused himself

The Indiana Court of Appeals agreed with a defendant that he received ineffective assistance of trial counsel because his
attorney should have filed a motion for change of judge. The sentencing judge had worked as a prosecutor in the early stages
of the defendant’s case 10 years earlier.

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Judges reverse, reinstate sex-offender conviction

The Indiana Court of Appeals reversed a man’s conviction of failing to register as a sex offender based on a lack of
evidence showing the man had a connection to Indiana 90 days after his last registration. The appellate court did reinstate
a vacated conviction for failing to notify law enforcement of his move within 72 hours.

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High court addresses provision for 1st time

The Indiana Supreme Court affirmed the denial of summary judgment for an insurance company, finding the exclusion in the policy
for injuries covered by workers’ compensation doesn’t apply.

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Pro se defendant must be advised of rights

The requirement to advise a defendant of the dangers of self-representation and the benefit of counsel applies equally regardless
of whether a pro se defendant is choosing to plead guilty or go to trial, the Indiana Court of Appeals decided today.

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Suit filed after statute of limitations end

The Indiana Court of Appeals reversed summary judgment for a company that purchases and collects charged-off credit card debt, ruling the statute of limitations prevented the company from going after a delinquent consumer.

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Class not certified in suit against lawyer

A federal judge denied a motion for class certification in a suit filed under the Fair Debt Collection Practices Act against an Indianapolis attorney. However, he did suggest the plaintiff file another motion for class certification for two separate groups.

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COA upholds eviction action

A trial court properly treated a couple's action against the man who agreed to purchase a house from them
as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of
a pre-closing possession agreement like the one in the instant case.

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Appellate court upholds murder conviction

Although the trial court erred in finding a police officer was a skilled witness uniquely qualified to assess a murder victim's truthfulness, it was a harmless error because his testimony was an admissible lay observation, the Indiana Court of Appeals concluded today.

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COA rules on first impression railroad issue

In an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on
unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries
he sustained while employed with a transportation company.

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COA lengthens defendant’s sentence

The Indiana Court of Appeals revised a defendant's sentence for rape and other convictions, but it may not have been what the man had in mind when he appealed. In a rare move, the Court of Appeals increased his sentence by 25 years.

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