Articles

COA voids custody order in favor of father

The Indiana Court of Appeals has reversed the grant of custody in favor of an Indiana father because the trial court lacked subject matter jurisdiction under the Uniform Interstate Family Support Act to make a custody determination.

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Judges dismiss man’s appeal of protection order extension

The Indiana Court of Appeals dismissed a Porter County man’s appeal of a judge’s decision to reset a hearing on a temporary protection order for six months after the victim had an anxiety attack while testifying. The judges held Douglas Allison had to seek a discretionary interlocutory appeal in the matter.

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Justices reverse termination of parental rights in 2 cases

In two short, per curiam decisions, the Indiana Supreme Court found the parental rights of two Marion County parents should not have been terminated because of due process violations after the magistrate who heard their cases resigned before reporting recommended findings and conclusions.

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Court: Man never raised defense to attempted robbery

The Indiana Court of Appeals Wednesday pointed out that a defendant needs to assert the defense of abandonment in some manner at trial. The judges rejected a man’s claim that the defense does not require a formal pleading or notice of the defense.

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Vehicle forfeiture order affirmed despite state’s yearlong delay

A convicted cocaine dealer failed to convince a panel of the Indiana Court of Appeals that summary judgment forfeiture of his yellow 2004 Hummer was a violation of trial rules, even though the state’s motion for summary judgment was in response to a court show cause order due to case inactivity for more than a year.

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Agency collecting credit card debt not a creditor, COA rules

A debtor’s counterclaim that a collection agency violated the Indiana Uniform Consumer Credit Code by not obtaining a license was rejected by the Indiana Court of Appeals on the grounds that although the agency was trying to recover a debt, it was not a creditor.

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Judge to Ballard rep: We’ll decide courts complex site

Marion Superior judges on Friday gave a grudging endorsement to the former General Motors stamping plant site as the location for a proposed jail and criminal justice complex, but not before sending a message to Indianapolis Mayor Greg Ballard that where courts are located is their decision.

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Judges reverse felony enhancement for handgun possession

Because a prior felony conviction the state relied on to enhance a man’s handgun possession charge was later reduced to a misdemeanor as part of a plea agreement, the Indiana Court of Appeals reversed the denial of the man’s motion to dismiss the enhancement.

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7th Circuit reinstates case involving ‘anti-slating’ statute

The 7th Circuit Court of Appeals has reversed the dismissal of an unslated Marion County Democratic candidate’s lawsuit challenging the county election board’s reliance on the state’s “anti-slating” law to confiscate political flyers during the May 2012 primary election.

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