Articles

Aggravators can’t include nonadjudicated juvenile actions, COA says

In granting a petition for rehearing Thursday, the Indiana Court of Appeals explicitly came down against using juveniles' nonadjudicated contacts with the criminal justice system as an aggravating factor in future sentencing. However, in light of other evidence of the petitioner’s criminal history, the court reaffirmed its prior decision to uphold a man’s sentence.

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COA splits on definition of ‘squeezed’ in burglary case

A man’s assertion that he “squeezed through” an open door without the homeowner’s permission has left an appellate panel divided over whether the man properly pleaded guilty to burglary, resulting in a split conclusion that he still used unauthorized force to gain entry. 

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COA considers denial of joint motion for mistrial

A traveling appellate panel heard argument concerning an “unusual” instance of a trial court’s denial of a joined motion for mistrial Tuesday, considering whether the state’s sudden change of position had any impact on the case going forward.

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COA grants ex-wife full equalization payment from farm sale

Despite a man’s assertions that a trial court erred in denying his motion to correct error regarding the split of marital assets, the Indiana Court of Appeals found no such error occurred against him. Rather, it found error occurred against his ex-wife when she did not receive the full equalization payment after selling their farm.

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Trump again proposes elimination of Legal Services Corp.

Proponents of providing Americans equal access to justice through civil legal aid have once again found themselves defending that cause against the Trump administration, which proposes for the third time eliminating federal funding for civil legal aid.

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Venue transfer arguments face justices’ scrutiny

In back-to-back oral arguments, the Indiana Supreme Court considered whether to grant transfer in two medical malpractice cases seemingly in conflict with each other. The debate: whether Indiana Code § 23-0.5-4-12 is a validly enacted statute or a nullity under the Supreme Court’s interpretation of Trial Rule 75(A)(4) regarding venue.

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Bank’s arbitration award reversed for abuse of discretion

A small claims court’s confirmation of an arbitration award to a bank after its ‘dilatory conduct’ was reversed Thursday by the Indiana Court of Appeals, which found an abuse of discretion occurred in granting the bank relief several years after the case should have been dismissed with prejudice.

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Man wins right for jury trial to fight traffic ticket

The Indiana Court of Appeals reversed the denial of a man’s demand for a jury trial in his trial de novo after he was found guilty in a city court bench trial. The panel found he did not waive that right by formerly submitting to the bench trial.

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