Articles

Mental health statute limits state’s use of juvenile statements

Indiana’s Juvenile Mental Health Statute’s limited immunity prohibits both use and derivative use of a juvenile’s statements to prove delinquency, the Indiana Supreme Court ruled. The justices were able to come to the conclusion without addressing the question of the statute’s constitutionality.

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7th Circuit rejects lawsuit on insurer’s use of in-house counsel

The 7th Circuit Court of Appeals Tuesday agreed that a woman’s lawsuit against State Farm Mutual Automobile Insurance Co. should be dismissed because state law creates no obligation for an insurer to provide advance notice to an insured that it uses in-house counsel to defend its policyholders.

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Small-claims hearsay letter properly admitted

A dentist’s letter that said a man suing him had never complained about the service he received was not improperly admitted in a small-claims collections action, the Indiana Court of Appeals ruled.

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COA: Buyer complied with notice statutes for obtaining tax deed

Noting that the parties and trial court did not follow the established procedures to set aside a tax deed, the Indiana Court of Appeals held that the court erred in finding a buyer’s notices sent certified mail were statutorily deficient. The notices did not request return receipt.

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Judges order woman resentenced for health care fraud

The 7th Circuit Court of Appeals found that a woman knowingly and voluntarily pleaded guilty to one count of health care fraud, but it sent her case back to the District Court for resentencing. The District judge violated the ex post facto clause by sentencing her under the wrong version of the sentencing guidelines.

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ATF agent’s testimony supports gun conviction

The 7th Circuit Court of Appeals affirmed a man’s weapons conviction Tuesday, ruling that the expert testimony of an agent of the Bureau of Alcohol Tobacco Firearms and Explosives could be used to prove that a gun had crossed state lines.

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