Articles

Split COA tosses robbery convictions pegged to cellphone data

A divided Indiana Court of Appeals ruled Thursday that cellphone users have a reasonable expectation to the privacy of their location information that’s tracked and collected by phone service providers. The majority’s holding reversed armed robbery convictions of an Ohio man found guilty of holding up two Dearborn County liquor stores.

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Judges divided over sentence review under Appellate Rule 7(B)

The majority on a panel of the Indiana Court of Appeals declared Tuesday that Indiana Appellate Rule 7(B) requires only that the court “consider” the nature of the offense and the offender’s character, not that the defendant necessarily prove both of those prongs. This led to a separate opinion calling the decision “significant.”

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COA: investors owed reimbursement

Although a reversal in the Indiana Court of Appeals handed an investment firm a reimbursement, the amount of funds to be returned is unknown since the trial court was left to figure the sum.

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COA reduces rapist’s sentence by 10 years

Although an offender was successful in asserting the trial court erred in merging his sentences and applying an enhancement, he failed to respond to the state’s arguments for remedy which provided just a 10-year reduction to his 90-year aggregate sentence.

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Justices rule State Farm UIM policy ambiguous

A State Farm auto insurance policy’s language regarding uninsured motorist coverage is ambiguous, the Indiana Supreme Court ruled Tuesday, affirming a Lake Superior trial court’s denial of the insurer’s motion for summary judgment in a personal injury case.

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Elkhart teacher loses age-discrimination appeal

The 7th Circuit Court of Appeals on Friday rejected an appeal of an Elkhart teacher who claimed the school system discriminated against her on the basis of her race and age in denying her 12 different promotions over a span of eight years.

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COA admonishes prosecutor’s misconduct, doesn’t reverse conviction

A prosecutor’s suggestion to the jury during an attempted rape trial that a defense attorney influenced a witness was misconduct, but not sufficient to warrant reversal of the defendant’s conviction, the Indiana Court of Appeals ruled Friday. But the court also called out the prosecutor and warned him.

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