Articles

Woman’s sentence revised because she is not among ‘worst offenders’

A home health care nurse whose flight from police while high on drugs and with her 89-year-old patient in the car had her sentence reduced because the Court of Appeals concluded she is not among the “worst offenders.” The high-speed chase led to a crash and the death of the patient from injuries she sustained.

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Court split over denial to commit man with dementia

Although the majority on the Indiana Court of Appeals acknowledged it would have been better for the trial court to follow the statutory commitment procedures instead of outright denying the state’s motion to commit, it affirmed the trial court’s conclusion.

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Judges uphold convictions stemming from bank robbery

Terry Smith made five arguments to the Indiana Court of Appeals as to why his convictions of robbery and other charges related to his robbing of an Indianapolis bank should be thrown out, but the judges weren’t persuaded to reverse his convictions.

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Prisoners can seek reductions of crack cocaine sentences

The 7th Circuit Court of Appeals concluded two judges in the Northern District of Indiana should take another look at two defendants’ requests to have their sentences for crack cocaine offenses reduced based on revised sentencing guidelines.

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Judges affirm man’s drug conviction

A man stopped by police while driving through Vigo County for unsafe lane movement – and later convicted of Class A felony dealing in cocaine – couldn’t convince the Indiana Court of Appeals that his conviction should be overturned.

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COA: Parties must arbitrate dispute over insurance coverage

The Indiana Court of Appeals found a trial court erred when it failed to enforce an arbitration provision of an insurance policy issued by Pekin Insurance Co. and ordered a couple’s lawsuit against their insurer stayed until arbitration is complete.

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COA orders trial on drug charges

On interlocutory appeal, the Indiana Court of Appeals affirmed a trial court’s denial of an Elkhart County man’s motion to suppress evidence police seized from him and his residence while investigating possible drug dealing.

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Judges uphold sexually violent predator status

The Indiana Court of Appeals found a defendant failed to establish that the process used to determine his sexually violent predator status constituted a fundamental error, so the court upheld the SVP status.

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Fraudulent concealment tolls Wrongful Death Act’s limitations period

The Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of first impression.

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Couple had to get permit before installing septic systems

Rejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed summary judgment for the health department on the matter.

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Court reverses grant of custody to grandmother

Finding that the Porter Circuit judge’s ruling is not supported by clear and convincing evidence, the Indiana Court of Appeals ordered the court vacate its award of physical custody of A.S. to her grandmother and return her to the care of her mother.

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Judges rule on ‘contentious’ child support dispute, again

For the second time, a “contentious” child support dispute has come before the Indiana Court of Appeals. The judges upheld most of the obligations imposed on the father but ordered the trial court to use a different income allocation factor regarding certain bonuses.

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