Articles

COA orders trial on drug charges

On interlocutory appeal, the Indiana Court of Appeals affirmed a trial court’s denial of an Elkhart County man’s motion to suppress evidence police seized from him and his residence while investigating possible drug dealing.

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Judges uphold sexually violent predator status

The Indiana Court of Appeals found a defendant failed to establish that the process used to determine his sexually violent predator status constituted a fundamental error, so the court upheld the SVP status.

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Certain religious organizations may not have to provide contraceptives

Religious employers – primarily churches and other non-profits – will no longer have to provide contraceptive coverage if they have religious objections under the Patient Protection and Affordable Care Act if proposed amendments by the U.S. Department of Health and Human Services are implemented.

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7th Circuit reverses dismissal of prisoner’s suit

A lawsuit filed by a prisoner at the Pendleton Correctional Facility against two prison doctors and a nurse after he learned he had prostate cancer is allowed to continue after the 7th Circuit Court of Appeals reversed the dismissal of his suit.

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Fraudulent concealment tolls Wrongful Death Act’s limitations period

The Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of first impression.

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Couple had to get permit before installing septic systems

Rejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed summary judgment for the health department on the matter.

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Court reverses grant of custody to grandmother

Finding that the Porter Circuit judge’s ruling is not supported by clear and convincing evidence, the Indiana Court of Appeals ordered the court vacate its award of physical custody of A.S. to her grandmother and return her to the care of her mother.

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Judges rule on ‘contentious’ child support dispute, again

For the second time, a “contentious” child support dispute has come before the Indiana Court of Appeals. The judges upheld most of the obligations imposed on the father but ordered the trial court to use a different income allocation factor regarding certain bonuses.

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COA rules in favor of grandchildren in will dispute

The Indiana Court of Appeals had to interpret a handwritten will from 1917 in a dispute among those who stood to inherit land in Benton County. The appellate court determined that the trial court properly ruled that John and Karen LeFebre could collectively receive a one-third share in the acreage.

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Rule of lenity doesn’t apply on man’s escape conviction

The rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions of Class D felonies escape and attempted residential entry.

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