Articles

First remote interviews for COA vacancy held amid pandemic

In a first for Indiana, applicants seeking to join the state’s appellant bench were interviewed remotely Wednesday.  After multiple continuations, the seven-member Judicial Nominating Commission logged in to Zoom on Wednesday morning to hold 20-minute interviews with candidates seeking to succeed retiring Court of Appeals Judge John Baker.

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Divided ruling: Felony reduced to misdemeanor means longer expungement wait

The Indiana Court of Appeals on Friday asked the Indiana General Assembly for guidance as it sharply divided over whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking to expunge their criminal records. The majority ruled they should, a result the dissenting judge called “unjust and ill-advised.”

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Lake Superior Judge Tavitas named to COA, replacing Barnes

Indiana Gov. Eric Holcomb has named Lake Superior Judge Elizabeth Tavitas as the next member of the Indiana Court of Appeals. Holcomb selected Tavitas from a pool of three finalists: Tavitas, St. Joseph Superior Judge Steven Hostetler and Fort Wayne attorney David C. Van Gilder.

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‘Repugnant’ teacher’s 21-year molest sentence affirmed

A Seymour Middle School math teacher lost his appeal and will serve the 21-year sentence imposed by the trial court for grooming and molesting a student whose parents say she was “broken” by the experience. One Court of Appeals judge wrote he might have added years to the teacher’s sentence, had the state asked.

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COA strikes sentence about laughing jurors in footnote

That jurors laughed at times during a handwriting expert’s testimony in a case contesting probate of a will has been removed from the official court opinion. The Court of Appeals made the move in a rehearing opinion issued Wednesday.

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All appellate judges on the ballot retained by voters

Collecting more than a million “yes” votes each, Indiana Justices Steven David and Robert Rucker have been retained in office. David faced opposition from some who disagreed with the majority opinion he authored regarding unlawful police entry into homes.

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Touched by controversy

In the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for change in ways that few others do.

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First impression case tackles wetlands issue

In a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded from liability to adjoining landowners whose properties as a result become federally regulated wetlands.

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COA: Trust not bound by ISTA employment arbitration clause

The Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts.

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