Articles

7th Circuit upholds $3M restitution order for copper theft

The 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount of restitution he should pay for his role in copper theft.

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Judges affirm 911 recording properly admitted as evidence

Ruling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller did not.

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COA not persuaded by defendant’s claims on appeal

The Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during his trial.

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Refusal to give jury instruction not harmless error

A trial court’s error in refusing to give a defendant’s tendered self-defense and resistance of unlawful force instructions during his trial was not harmless and requires the man’s conviction of Class D felony resisting law enforcement be overturned, the Indiana Court of Appeals held Wednesday.

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Mother’s consent to adoption not required

The Indiana Court of Appeals reversed the decision by the Wabash Circuit Court to deny a father and his wife’s petition to allow his wife to adopt his minor child, finding the biological mother’s consent is not required.

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Court split over valid ID requirement for name change

The Court of Appeals concluded Wednesday that the trial court erred when it required a valid driver’s license or state identification card as a prerequisite to grant a petition for a name change under Indiana Code 34-28-2, but split over whether an elderly man can change his name because he’s never had a valid state-issued ID.

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Conour still without counsel

Ex-attorney William Conour still has not secured legal counsel in his federal wire fraud case, he told Chief Judge Richard Young during a status hearing conducted by phone Tuesday.

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COA rejects insurer’s new arguments

An insurance provider was unsuccessful in its attempt to convince the Indiana Court of Appeals to change its mind that the company has a duty to indemnify or defend.

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COA affirms order Amish connect to sewer system

The Indiana Court of Appeals has upheld a trial court’s decision to deny setting aside agreements several members of the Old Order Amish near Loogootee made to connect to a sewer system and the order that a couple hook up to the system.

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Latin Kings gang member, 2 others sentenced

A member of the Latin Kings street gang and two associates have been sentenced to prison for racketeering conspiracy and other crimes in support of the gang, the U.S. Attorney’s Office in the Northern District of Indiana announced Thursday.

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