Articles

Court affirms denial of PCR for drug offender

The Indiana Supreme Court has affirmed the denial of an Elkhart woman’s petition for post-conviction relief, finding her ineffective assistance of counsel argument cannot prevail under Indiana law.

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COA dismisses sex offender’s ‘premature’ appeal

A convicted sex offender who has not yet received treatment in a state-mandated Department of Correction program cannot move forward with his appeal of the dismissal of his complaints against the DOC and its contracted health services provider because the appeal is premature, the Indiana Court of Appeals held Wednesday.

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Judgment for law firm in malpractice case reversed

A law firm must face a malpractice suit for failing to file a tort claim notice on behalf of a woman who was seriously injured by an attacker and whose daughter was killed. The assailant was the subject of an active protective order that authorities failed to find before releasing him from jail.

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U.S. Supreme Court: selling product exhausts patent

In a decision that Zimmer Biomet and other medical device manufacturers argued will change their industry, the Supreme Court of the United States ruled Tuesday that patent holders cannot keep their patent protections after they sell their products.

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Appeals panel affirms termination of guardianship

The aunt and uncle of a 5-year-old who were appointed the child’s guardian after the child’s mother was charged with neglect failed to persuade the Indiana Court of Appeals that a trial court had erred in terminating their guardianship.

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COA affirms convictions in nursing home burglary scheme

The Indiana Court of Appeals has affirmed a man’s various felony theft and burglary convictions after finding there was sufficient evidence to prove he broke into the dwelling of nursing home residents and stole narcotics worth more than $3,000.

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COA affirms denial of motion to suppress after prolonged traffic stop

An Indianapolis police officer did not violate a man’s federal and state constitutional rights when he intentionally prolonged a traffic stop which led to the discovery of paraphernalia in the man’s vehicle, the Indiana Court of Appeals ruled Monday. The appellate court found the officer had reasonable suspicion to prolong the stop.

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Man’s companion entitled to compensation for services, COA rules

An Indiana probate court correctly allowed a woman’s partial claim for compensation for 14 years of household and medical services to a man she considered a “loving companion,” the Indiana Court of Appeals ruled Friday, finding the woman had rebutted the presumption her services were gratuitous.

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