Articles

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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Convicted drug dealer loses 7th Circuit appeal

A Marion County man convicted of six drug, firearm and money laundering charges has lost his appeal before the 7th Circuit Court of Appeals, which found no constitutional violation in the length of the traffic stop that led to his arrest.

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COA rejects father’s child support challenge

A Marion County father has lost his appeal of a trial court’s child support order, failing to convince the Indiana Court of Appeals that he should have been credited for make-up parenting time he was exercising after his ex-wife began prohibiting him from seeing their child.

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Private plaintiff taking public access case to SCOTUS?

After a years-long fight, the Indiana Supreme Court in February issued a ruling that affirmed what’s come naturally to generations of Hoosiers: Indiana’s beach on Lake Michigan belongs to the public.
But parties who sued to privatize the beach, whose names are the only plaintiffs listed on filings to the U.S. Supreme Court, don’t own the property. They haven’t for years.

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COA reverses CHINS adjudications

Two Marion County children will no longer be considered children in need of services after the Indiana Court of Appeals reversed their CHINS adjudication, finding insufficient evidence to support the finding that their North Carolina-based father could not care for them.

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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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Judge rejects bid to slash jury’s $15M med-mal award

A jury’s verdict awarding $15 million to a woman and her husband after her cancer was not detected on a CT scan will stand, a federal judge ruled, rejecting defense appeals that included Indiana’s cap on medical malpractice damages.

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Disbarred attorney loses mail fraud conviction appeal

A disbarred Indiana attorney who was convicted of mail fraud and sentenced to two years in federal prison after stealing more than $330,000 from a grocery store receivership has lost his appeal of both his conviction and sentence.

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COA reverses, rules for PI attorney in subrogation dispute

The Indiana Court of Appeals reversed a trial court judgment, ordering summary judgment for a Lawrenceburg attorney facing a breach lawsuit related to his representation of a personal injury client. The appellate court ruled the insurer suing him did not timely file its subrogation claim.

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Judges: N.C. congressional districts still partisan biased

Federal judges on Monday affirmed their earlier decision striking North Carolina’s congressional districts as unconstitutional because Republicans drew them with excessive partisanship. The Tarheel State is one of several in which lawsuits are challenging partisan gerrymandering.

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Lawyer: State not enforcing Lake Michigan public access opinion

An attorney who is part of the legal team that won an Indiana Supreme Court decision preserving public access to the shores of Lake Michigan says state agencies are refusing to enforce the court’s order while private property owners on the lakefront seek a possible appeal to the U.S. Supreme Court.

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IndyCar awarded $3.9M for scrubbed Boston races

A race organizer’s failure to bring promised IndyCar Boston Grand Prix Labor Day weekend races to the finish line has resulted in an award of nearly $4 million in damages to the Indianapolis-based open-wheel racing series, but it’s unclear how much IndyCar may be able to recoup from bankrupt promoters.

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