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7343 results for 'articles'

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Judges affirm county commissioners can sue attorney for legal malpractice

October 31, 2014

The trial court did not err in denying an attorney’s motion to dismiss a legal malpractice claim brought against him by Clark County’s Board of Commissioners and Aviation Board, the Indiana Court of Appeals ruled.

Trial court lacked authority to order dad to pay for child’s college

October 31, 2014

Tackling an issue of first impression involving a request for payment of post-secondary education expenses, the Indiana Court of Appeals held that a child support order under I.C. 31-16-6-6 refers to the parties’ most recent order concerning support.

7th Circuit will hear killer’s appeal en banc

October 31, 2014

The full 7th Circuit Court of Appeals will decide whether an Arkansas man on death row should die for killing a Texas woman nearly 20 years ago. The judges decided Wednesday to grant Bruce Carneil Webster’s petition for rehearing en banc.

COA dismisses appeal as moot since inmate has been released

October 31, 2014

Because a man who was sent to the Department of Correction after his community corrections placement was revoked has been released from prison, his appeal is moot, the Indiana Court of Appeals ruled Friday.

Judges dismiss appeal of small claims judgment as untimely

October 31, 2014

Finding an auto dealer untimely appealed the denial of his motion to correct error regarding a judgment in favor of a buyer, the Indiana Court of Appeals dismissed the appeal.

Trial of surgeon in murder plot may be moved

October 31, 2014

A northern Indiana surgeon accused of plotting to kill his ex-wife and make it look like suicide could get a change of venue for his upcoming trial.

Woman convicted in deadly wrong-way crash appears in court

October 31, 2014

Attorneys for an Indianapolis woman convicted of killing six children and a 40-year-old man in a head-on traffic collision asked a judge for a new trial Thursday, arguing in part she had inadequate legal counsel.

Indiana’s high court hears IBM welfare case

October 30, 2014

Indiana's Supreme Court justices grilled attorneys for the state and IBM Corp. on Thursday about the company's failed attempt to privatize Indiana's welfare services, which prompted the state to cancel IBM's $1.3 billion state contract less than three years into the 10-year deal.

Opinions Oct. 30, 2014 ILD

October 30, 2014

Indiana Court of Appeals
Michael W. Anderson v. State of Indiana (NFP)
45A03-1402-PC-55
Post conviction. Affirms denial of petition for post-conviction relief.

Christopher Hopkins v. State of Indiana (NFP)

79A02-1403-CR-216
Criminal. Affirms sentence for two counts of Class C felony sexual misconduct with a minor and one count of Class D felony possession of marijuana.

E.I. v. State of Indiana (NFP)
49A05-1403-JV-137
Juvenile. Affirms determination E.I. is a delinquent for committing what would be Class B felony child molesting and Class C felony child molesting if committed by an adult.

Letitia Kurabara v. Creative Real Estate Property Management (NFP)
48A02-1402-SC-83
Small claim. Affirms there is an agency relationship between Kurabara and a family friend she rented her house to. Affirms damages award in the amount of $4,724.29, but it is not clear the court accounted for the $1,365 in payments retained by Creative Real Estate Property Management, which managed the property. Remands for further proceedings.

 

Opinions Oct. 30, 2014

October 30, 2014

Indiana Supreme Court
Wayne A. Campbell v. State of Indiana
13S05-1410-PC-682
Post conviction. Affirms denial of petition for post-conviction relief, finding no ineffective assistance by trial counsel for, in part, failing to object to an instruction on the definition of “intentionally.” The second sentence of the contested instruction serves to emphasize the heavy burden placed on the state to prove that a defendant acted intentionally.

Southern District accepting applications for new part-time magistrate

October 30, 2014

A part-time magistrate position has become available in the New Albany location of the U.S. District Court for the Southern District of Indiana, thanks to authorization from the Judicial Conference of the United States.

Judges reverse teen’s adjudication for resisting law enforcement

October 30, 2014

Citing lack of evidence, the Indiana Court of Appeals reversed an Indianapolis teen’s adjudication as a juvenile delinquent for committing what would be Class A misdemeanor resisting law enforcement if committed by an adult. None of his actions suggested any criminal activity was afoot.

Man didn’t prove ineffective assistance of counsel

October 30, 2014

The Indiana Supreme Court affirmed the denial of post-conviction relief for a man who charged his attorney was ineffective for not doing a better job arguing the sufficiency of the evidence to prove the defendant conspired to commit dealing cocaine.

Justices: Pattern Jury Instruction 9.05 is correct statement of law

October 30, 2014

Clearing up confusion among the courts as to whether a jury instruction regarding the definition of “intentionally” can include that the defendant intended to “cause the result” of his conduct, the Indiana Supreme Court affirmed Pattern Jury Instruction 9.05 represents a correct statement of the law.

Midwest rappers, others charged with fraud

October 30, 2014

Members of an Indiana-based rap group called RACK Boyz and other suspects from Illinois made hundreds of thousands of dollars in a bank fraud scheme that included wooing participants through social media and Internet videos, federal and state authorities said Wednesday.

Woman convicted in deadly crash returning to court

October 30, 2014

A woman convicted 13 years ago of killing seven people in a head-on collision that prosecutors said was a suicide attempt is headed back to court.

Not guilty pleas for suspect in 7 Indiana deaths

October 29, 2014

A judge recorded not guilty pleas Wednesday for a former Marine who is charged with murder in the strangulation deaths of two women found in northwestern Indiana and is suspected of killing five others.

Court orders more proceedings on injured subcontractor’s negligence lawsuit

October 29, 2014

Finding genuine issues of material fact exist in a negligence lawsuit as to the general contractor’s role in a subcontractor’s injury, the Indiana Court of Appeals reversed summary judgment and ordered further proceedings.

Justices reverse judgment for defendants in suit involving student’s death

October 29, 2014

The Indiana Supreme Court has ordered further proceedings in a negligence lawsuit filed by the parents of a special needs student who died after choking on her lunch at school. The justices found there are questions as to whether the parents complied with tort claim notice requirements, so judgment in favor of the defendants is not proper.

Court affirms dismissal of lawsuit alleging malicious prosecution

October 29, 2014

The 7th Circuit Court of Appeals upheld the decision to dismiss a man’s Section 1983 lawsuit claiming malicious prosecution by a police officer and bank, finding the man never presented a viable constitutional violation to support the claim.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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