Articles

Religious camp loses appeal against Rush County CAFO

A Rush County religious camp has lost its appeal of the grant of a confined animal feeding operation to a local farm after the Indiana Court of Appeals found the Rush County Board of Zoning Appeals did not err in approving the CAFO.

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COA affirms escape conviction in home detention case

A person’s home is considered a “place of lawful detention” if the person has been sentenced to home detention, the Indiana Court of Appeals ruled Thursday in a decision that upheld a woman’s felony escape conviction.

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Divided COA again allows sentence modification in fixed-sentence agreement

A divided panel of the Indiana Court of Appeals has ordered a trial court to reconsider a sentence modification for an offender who agreed to a fixed-sentence plea agreement, a ruling that goes against proposed legislation currently pending before an Indiana Senate committee. However, in his first writing as an appellate senior judge, former Indiana Supreme Court Justice Robert Rucker dissented from the majority ruling.

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Divided COA upholds absentee juvenile delinquent adjudications

A divided panel of the Indiana Court of Appeals has upheld additional delinquency adjudications and findings of probation violations against a Lawrence County teen after determining the teen was in procedural default when he failed to appear for his fact-finding hearings. Chief Judge Nancy Vaidik, however, dissented on statutory grounds.

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7th Circuit reverses death sentence for murderer Baer

Despite the “atrocious” nature of a murderer’s crimes, the 7th Circuit Court of Appeals reversed his death sentence in a habeas petition, finding prosecutorial misconduct and misleading jury instructions likely influenced the jury’s decision to sentence him to death.

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Opinions Jan. 9, 2017

Indiana Court of Appeals
Robert Wilder v. State of Indiana

49A02-1706-CR-1420
Criminal. Affirms Robert Wilder’s conviction of battery resulting in bodily injury as a Class A misdemeanor and the term of his probation that prohibits him from possessing a firearm. Finds the Marion Superior Court did not commit fundamental error by failing to sua sponte exclude Det. Kevin Duley’s testimony under Rule of Evidence 704(b) because Wilder “opened the door” to that testimony. Also finds the trial court did not abuse its discretion when it imposed the probation condition because the condition does not violate the Second Amendment or Article 1, Section 32 of the Indiana constitution.

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Appeals court reverses ruling for Anthem in claim denial

Indianapolis-based Anthem Insurance has lost a ruling in its favor after the Indiana Court of Appeals reversed Thursday and determined the insurer should have covered a doctor’s medical expenses incurred during his grace period for late premium payments.

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Indiana gambler loses in tax court

In a case of first impression, a northwest Indiana man failed to convince the Indiana Tax Court that his blackjack playing was how he earned his living and, therefore, he should be eligible for certain gambling-related deductions from his state income taxes.

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Summary judgment for gastroenterologist affirmed

The Indiana Court of Appeals has affirmed summary judgment for a gastroenterologist who was alleged to have committed malpractice by not informing a patient of the criteria for a liver transplant. The court ruled Friday the patient’s estate failed to prove their claim should be allowed to proceed after a seven-year delay in its filing.

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7th Circuit affirms ruling for employer on discrimination claims

Indiana’s Southern District Court properly granted summary judgment to a black man on a discrimination case against his former employer after finding the man failed to prove his termination was based on discriminatory practices, the 7th Circuit Court of Appeals has ruled.

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Divided Supreme Court reverses habitual offender enhancement

A divided Indiana Supreme Court reversed a man’s habitual offender enhancement Thursday after determining his two prior Illinois convictions were statutorily considered Level 6 felonies, thus disqualifying the enhancement. The dissenting justice, however, found ambiguity in the statutes at issue.

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School district cleared after teacher convicted of child seduction

A northern Indiana school corporation has been cleared of legal wrongdoing in the events leading up to the arrest of a high school teacher who was having a sexual relationship with a student. A district court judge granted the school district’s motions for summary judgment on Thursday.

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