Articles

Tests not required to disprove arrestee intoxication

In a case of first impression, the Indiana Court of Appeals rejected a woman’s argument that the Indiana Code requires law enforcement personnel to evaluate if there could be other reasons a person is displaying signs of intoxication before arresting her for public intoxication.

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State will appeal IBM ruling

The state is going to appeal Wednesday’s decision in Marion Superior Court that it pay IBM $52 million for ending early its billion-dollar contract with the company to update the state’s welfare system.

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Clark County man waived right to appeal

A Southern Indiana man, as part of his plea agreement on child molesting charges, knowingly and voluntarily waived his right to challenge the propriety of his sentence on appeal, the Indiana Court of Appeals ruled.

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Judges rule in favor of state in contract dispute

The Indiana Court of Appeals reversed a trial court judgment against the state in a lawsuit filed by a subcontractor working on an airport project in Gary, holding the lower court erroneously determined the state had breached a contract between it and the subcontractor.

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US Supreme Court: Criminal fines require jury finding

An end-of-term U.S. Supreme Court decision did far more than reduce a penalty in a federal criminal environmental judgment from $18 million to $50,000. It created a new reality for how the government will have to pursue such prosecutions in the future, experts say.

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Appeals court affirms tax sale notice statute unconstitutional

The Indiana Court of Appeals on Monday affirmed a trial court ruling denying a petition for a tax deed after a Bartholomew County tax sale, finding that the court was correct in ruling that the state’s statutory notice violated the 14th Amendment guarantee of due process.

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Appeals court upholds rape conviction

A man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an attempt to refresh the victim’s memory.

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Justices order new trial for Ripley County man

A Ripley County man convicted of conspiring to commit burglary is entitled to a new trial due to ineffective assistance of his trial counsel and prosecutorial misconduct, the Indiana Supreme Court held.

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7th Circuit certifies questions for Kansas Supreme Court

The 7th Circuit Court of Appeals was unable to determine under Kansas law how that state’s Supreme Court would rule on whether FedEx drivers are employees or independent contractors, so the court sent two certified questions to the Kansas justices.

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Man who killed girlfriend may be retried for reckless homicide

The post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the same charge, but may face retrial for reckless homicide.

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Judges disagree over impact of mental illness label at sentencing

7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts should testify about his mental illness.

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7th Circuit affirms life sentences in prostitution ring

Two men sentenced to life in prison on an assortment of federal charges related to a prostitution ring involving underage girls that operated in northwest Indiana failed in their appeal before the 7th Circuit Court of Appeals on Friday, but judges asked the trial court to clarify the sentence for a third defendant.

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