Articles

Court orders BMV to hold hearing on whether felon can get ID

A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.

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Delayed ordinance publication doesn’t affect power to annex

Landowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should have barred the annexation.

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COA affirms 5 child molesting convictions

The admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County was not a fundamental error, the Indiana Court of Appeals held Thursday.

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Court upholds imposition of court costs

The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.

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COA split over whether DCS has authority to interview sibling

An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.

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Criminal recklessness code covers firing gun into car

A car is a “place people are likely to gather,” the Indiana Court of Appeals ruled Tuesday, unanimously affirming a Class C felony criminal recklessness conviction and eight-year sentence for a man who fired a gun into car in which a former gang ally was a passenger in Goshen.

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Divided appeals court tosses Boonville annexation

The Indiana Court of Appeals reversed a trial court decision that upheld an annexation by the city of Boonville, finding that the trial court erred in counting separate state-owned parcels of a highway for purposes of remonstrance.

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Weinberger seeks sentence of time served

Former Merrillville ear, nose and throat doctor Mark Weinberger on Monday asked a federal court to sentence him to time served for the 22 counts of health care fraud to which he pleaded guilty.

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Justices tackle home foreclosure issue involving MERS

Indiana Justice Mark Massa, writing for the court Thursday, delved into the history of the Mortgage Electronic Registration Systems Inc. and its role in today’s mortgage industry in a case involving a foreclosed home in Madison County.

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Appeals court affirms rejection of HOA ‘abusive junk fee’

A Morgan County man who took no action to defend a judgment in his favor nevertheless prevailed in the Indiana Court of Appeals on Friday. The judges upheld a trial court ruling that rejected a homeowners association charge it called an “abusive junk fee.”

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Death row inmate’s habeas petition denied

A federal judge in South Bend has denied a death row inmate’s request for habeas corpus, rejecting the man’s claims that he is mentally retarded and, therefore, cannot be sentenced to death.

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