Articles

Justices: Evansville, Fort Wayne partly liable for police sex assaults

The Indiana Supreme Court affirmed two cities were entitled to summary judgment on the common-carrier theory, but not on the issue of liability under respondeat superior’s scope-of-employment rule in a consolidated civil lawsuit involving two women who were sexually assaulted by on-duty police in Evansville and Fort Wayne.

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COA remands to reconsider resentencing bid

The Indiana Court of Appeals found that prosecutorial consent was not required for an offender’s third sentence modification petition after an amended state statute removed that requirement in 2015.

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Lack of evidence fails man’s drug, credit time appeal

The Indiana Court of Appeals affirmed a man’s sentence was not inappropriate in light of his character and found the trial court didn’t err in calculating his credit time. The panel found the man failed to provide compelling evidence for both arguments.

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COA slams courts, DCS for violating parents’ due process

The Indiana Court of Appeals reiterated harsh words at the Department of Child Services and Indiana trial courts after reversing another case involving a failure to afford due process protections to families in termination of parental rights cases.

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Reversal: Special PCR judge had authority to modify sentence

The Indiana Court of Appeals reversed a post-conviction court’s ruling after it found a special judge erred when he granted his own motion to correct error based on his belief he did not have the authority to accept an agreement between the defendant and the state.

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Marion County Election Board ratifies ballot, early voting times

The Marion County Election Board unanimously ratified the 2018 general ballot Wednesday and approved a resolution to extend available voting hours at the clerk’s office starting Oct. 26. For the first time, the ballot will include retention votes for Marion Superior judges.

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Ex-prosecutor who withheld recanted testimony suspended

The Indiana Supreme Court suspended a former Porter County deputy prosecutor from the practice of law for 18 months for withholding from the defense evidence that an alleged victim said he had been coached to lie and had recanted allegations of child molestation.

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COA affirms hotel not liable in bedbug case

A man arguing a northern Indiana casino hotel was liable for bedbug bites he received while staying there failed to convince the Indiana Court of Appeals that the hotel had actual or constructive knowledge that the bugs were present in his room at that time.

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