Articles

COA: Errant CCS judgment entry can’t void murder retrial

The Indiana Court of Appeals ruled that retrials are not barred if a judgment of conviction is erroneously entered on a chronological case summary, letting stand a murder conviction after the retrial of a man charged with the death of his girlfriend’s infant daughter.

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COA: Lease damages not chargeable to tenant

A property management company sued by one of its tenants argued in court that it charged less than all the costs it incurred, but the Court of Appeals ordered the landlord to pay up, as a small claims court ruled.

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Justices reinstate manslaughter charge in Larkin case

John Larkin, whose manslaughter charge in connection to the 2012 shooting death of his wife was dismissed, will once again face the trial court after Indiana Supreme Court justices found the dismissal to be “an extreme remedy” for police and prosecutorial misconduct and an abuse of the trial court’s discretion.

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Justices vacate juvenile gun adjudication as double jeopardy

Indiana Supreme Court justices affirmed in part a Marion Superior Court decision on Monday that found a 16-year-old delinquent. Justices affirmed the teen’s dangerous possession of a firearm adjudication but vacated his adjudication for carrying a handgun without a license, as both the state and defense agreed it constituted double jeopardy.

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COA: Arbitration agreements in investment case enforceable

After a married couple that filed a complaint against their retirement investors for significant decreases in investment funds appealed a trial court order to compel arbitration, the Indiana Court of Appeals concluded arbitration agreements between the parties were enforceable and subject to the Federal Arbitration Act.

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Indiana abortion laws challenged by national abortion advocates

Indiana’s abortion laws are once again being challenged in federal court, this time by national healthcare and abortion providers. Whole Woman’s Health Alliance and All-Options Pregnancy Resource Center filed suit on Thursday as co-plaintiffs in a case against the state, challenging the constitutionality of Indiana abortion laws.

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Justices: Motel room used for sting operation was not ‘place of detention’

The Indiana Supreme Court has upheld the admission of incriminating statements made in a motel room during an undercover drug investigation after finding the motel room was not a “place of detention” requiring an electronic record of the statements. The court also created a test for analyzing whether a location can be considered a “place of detention” under Indiana Evidence Rule 617.

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