Articles

Nonsupport case divides COA on right to be present

The Indiana Court of Appeals affirmed a father’s sentence for failing to pay child support when it found he failed to meet his burden of proof. However, the court split on whether the defendant had a right to be physically present at his sentencing.

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Medical malpractice reversal finds for providers

Health care providers who removed part of a man’s lung after a biopsy sample was misread as likely cancerous are entitled to summary judgment in his medical malpractice case, the Indiana Court of Appeals ruled Tuesday, reversing a trial court ruling.

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SCOTUS asked to take Lake Michigan beach privatization case

Arguing the Indiana Supreme Court “asserted a novel public right to access the entire beach” of Lake Michigan, private lakeshore landowners Friday asked the Supreme Court of the United States to rule that the public was entitled to use no part of the beach above the water itself.

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State’s request for stay rebuffed in voter registration case

An attempt by the state of Indiana to squash discovery into its practice of maintaining voter rolls has been stopped by the Southern Indiana District Court, which pointed out to both parties that it has “extremely broad discretion in controlling discovery.” Judge Tanya Walton Pratt issued the order Friday in Common Cause Indiana v. Connie Lawson, et al., denying the state’s request to stay proceedings and discovery while the case is on interlocutory appeal.

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Justices reinstate child molesting convictions under attenuation doctrine

Four Level 1 felony child molesting convictions will be reinstated against a Blackford County man after the Indiana Supreme Court found the man’s incriminating statements to police were sufficiently attenuated from an illegal search and seizure of his apartment. The court’s ruling also more broadly holds that the federal attenuation doctrine can be applied under the Indiana Constitution.

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Justices: No rights advisement needed before drug exam

The Indiana Supreme Court reinstated a woman’s conviction that the Indiana Court of Appeals had vacated because she did not receive an advisement of her rights before police administered a drug recognition exam after a traffic stop.

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COA: Fired deputy marshal wrongly denied hearing

The Indiana Court of Appeals reversed a decision that found a deputy town marshal was not entitled to a hearing following his employment termination. The deputy had been fired after taking leave for a medical condition.

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7th Circuit: Woman can’t sue county over worker’s sex assault

A woman serving court-ordered community service who claimed she was sexually assaulted by a Vigo County park maintenance worker lost her appeal of a judgment in favor of the county in her civil liability lawsuit Wednesday, despite what judges noted was a “horrific incident”.

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