Articles

Appellate court split on ordering new trial for mom

The Indiana Court of Appeals has ordered a woman convicted of killing her son by setting fire to their home in 1996 receive a new trial, although one judge believed she did not meet her burden to prevail on appeal from the denial of her petition for post-conviction relief.

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Judges disagree on impact of caselaw

In a man’s appeal of the denial of petition for post-conviction relief, in which he claimed ineffective assistance of his trial and appellate counsel, the Indiana Court of Appeals was divided on whether his appellate counsel was ineffective and if caselaw prevented the trial court from considering charges outside of the guilty plea.

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Judges rule in favor of insured

The Indiana Court of Appeals found under the plain language of a woman’s insurance policy, the woman did what was required of her by the policy to pursue an underinsured motorist claim.

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Judges affirm change in custody

The Indiana Court of Appeals has upheld the modification of a custody order giving the father primary custody of his son, finding the trial court didn’t abuse its discretion in deciding that the boy’s physical and mental/academic maturation constituted a substantial change warranting the change in custody.

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Court upholds robbery conviction

The Indiana Court of Appeals has affirmed a woman’s Class B felony robbery conviction over her objections that the jury’s guilty finding for assisting a criminal is logically inconsistent with its guilty finding for robbery as an accomplice.

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Judges uphold dismissal of suit filed after fall at work

The Indiana Court of Appeals has affirmed the trial court’s dismissal of a couple’s complaint for injuries and loss of consortium for subject matter jurisdiction, finding the woman’s injuries sustained while at her work fall squarely within the Indiana Worker’s Compensation Act.

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Justices: injured cop prevented by law from rejoining force

A police officer who was injured in the 1980s and received disability benefits – but later was physically able to rejoin the police department – is statutorily prohibited against returning to the force, the Indiana Supreme Court decided in answering a certified question.

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COA finds man initiated communication with detective

The Indiana Court of Appeals has affirmed the denial of a defendant’s motion to suppress an incriminating statement to a detective because the defendant initiated the discussion and understood his Miranda rights before speaking.

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7th Circuit ponders search of cell phone

The 7th Circuit Court of Appeals, which likened modern cell phones to computers, had to decide whether police could search a man’s phone for the phone’s number without a search warrant.

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Judges affirm ruling in favor of Jeep dealer

The Indiana Court of Appeals has ruled in favor of a southwestern Indiana car dealer being sued by a customer for injuries in a car accident under the Indiana Products Liability Act after Chrysler LLC filed for bankruptcy.

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