Articles

Judges order new trial for woman who withdrew, deposited cash from ATMs

In a split decision from the 7th Circuit Court of Appeals, the majority reversed a Russian woman’s conviction for violating a federal statute that prohibits structuring currency transactions in order to evade federal reporting requirements for transactions involving more than $10,000 in currency. The majority cited the prosecution’s questioning of the woman about past financial records as the reason for reversal.

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Court upholds denial of tax exemptions

The Indiana Tax Court Tuesday ruled that the state Board of Tax Review did not err when it determined a nonprofit in Mooresville was not entitled to either a fraternal beneficiary association exemption or a charitable purposes exemption for the 2006 tax year.

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Judges reduce rapist’s sentence to 165 years

The Indiana Court of Appeals Wednesday slashed 105 years from a convicted rapist’s sentence, concluding the original 270-year sentence was far outside the norm for a single episode of conduct against a single victim.

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Judges uphold revocation of counselor’s license

The Indiana Court of Appeals has affirmed the decision to revoke a mental health counselor’s license after she developed a personal attachment to a patient and ignored the patient’s request to leave her alone.

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Mother loses appeal of CHINS finding

The Indiana Court of Appeals rejected a mother’s argument that child in need of services findings should be vacated because the judge in the matter should not have been able to make a negative inference from her invocation of her Fifth Amendment right not to testify.

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Justices take 4 cases

The Indiana Supreme Court accepted four cases on transfer last week, which included a decision on a first impression issue on whether third-party carriers are included in the statute regarding filing proposed medical malpractice complaints.

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Insurance policy does not fall under Pre-Need Act

A Marion Superior Court correctly ruled that a company that sells an insurance policy with the option to assign it to a trust to use the funds for funeral services is not subject to the Pre-Need Act, the Indiana Court of Appeals ruled.

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Justices: Mother entitled to attorney during CHINS proceedings

Because a mother was denied her statutory right to counsel during the course of child in need of services proceedings, and those proceedings directly flowed into the action to terminate her parental rights and adopt out her child, the Indiana Supreme Court vacated the judgment terminating her parental rights.

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COA: Admittance of juvenile’s statement harmless error

The Indiana Court of Appeals was divided Thursday over whether a 12-year-old boy accused of child molesting and his mother were afforded the opportunity to have a meaningful consultation before speaking to police. The judges did agree that the boy’s adjudication should be affirmed.

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Justices order COA to consider man’s appeal

A man’s appeal of his aggravated battery convictions should proceed to the Indiana Court of Appeals even though the issue of restitution remains unresolved, the Indiana Supreme Court ruled Thursday.

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COA: Adoption petition should remain in Superior Court

The Lake Superior Court was not required under the county’s case allocation plan to transfer an adoption petition to juvenile court where termination of parental rights proceedings are pending involving the same children, the Indiana Court of Appeals ruled Wednesday.

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