Articles

Appeals court split on parol evidence issue

Judges on the Indiana Court of Appeals were split on whether a boss's oral promise to a future employee regarding a severance package would be barred from consideration by the parol evidence rule.

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COA discusses jury-selection procedures

Despite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.

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Judges split on duty owed to injured teen

A majority on the Indiana Court of Appeals affirmed summary judgment for a golf course, golf scramble organizers, and golfer in a teenager's suit after she was hit with a golf ball. Today's decision also expanded language from a previous ruling involving the duty to prevent injury to sports participants to now include sporting event volunteers.

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COA: No presumption of undue influence

A 2005 amendment to Indiana Code sets aside the common law presumption of undue influence with respect to certain transactions
benefiting an attorney in fact, the Indiana Court of Appeals ruled today on an issue of first impression.

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Justices abandon ‘mere possession’ rule

The Indiana Supreme Court's decision Thursday abandoned the "mere possession rule" when it comes to convictions of theft and receiving stolen property and restored the state's original view that the possession of recently stolen property should be considered with other evidence in the case.

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Prior misconduct negates self-defense claim

Evidence of a defendant's prior alleged domestic violence incidents against his ex-wife shouldn't have been admitted to explain the ex-wife's animosity toward him, the Indiana Court of Appeals concluded today. However, the evidence was admissible because it was relevant to prove the ex-husband's motive to commit the domestic violence he was charged with in the instant case.

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Judges affirm rulings in Iraq name-selling case

The 7th Circuit Court of Appeals upheld the District Court's decisions in the appeals by the central Indiana man who tried
to sell the names of CIA agents working covertly in Iraq shortly before the U.S. invaded the country in 2003.

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COA reverses 4 attempted robbery convictions

The Indiana Court of Appeals reversed four convictions of attempted robbery after finding the evidence didn't support a reasonable inference that the defendant intended to rob each of the alleged victims.

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Law school reject sues to take bar exam

An Indianapolis man is suing the state Supreme Court justices and Board of Law Examiners because he believes he should be able to take the bar exam even if he didn't go to law school.

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Majority affirms conviction despite no witnesses

An appellate judge dissented from the majority's decision to uphold a woman's conviction of operating a car after her driving privileges had been forfeited for life, finding that confirming her conviction would break from precedent.

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Judges find stop violated Fourth Amendment

The 7th Circuit Court of Appeals ruled a defendant's stop by police and subsequent search of a wheelbarrow he was pushing – which led to convictions of burglary and theft – violated the man's Fourth Amendment rights. The Circuit Court ordered the defendant's petition for habeas corpus be granted.

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High court takes tax issue

The Indiana Supreme Court granted transfer Thursday to a property-tax exemption case which depends on whether the real property is owned or predominately used for religious or charitable purposes.

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