Articles

Appeals court reverses judge on visitation ruling

The state’s intermediate appellate court has reversed a southern Indiana judge’s ruling that a boyfriend should retain visitation rights over an ex-girlfriend’s child. It ruled that the finding is contrary to law because lawmakers didn’t allow for that type of circumstance to warrant visitation.

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BLE will strike broad question, revise other

The Indiana Supreme Court’s Board of Law Examiners is cutting one controversial question from its annual bar exam application and will revise another in order to comply with a federal judge’s recent ruling.

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Justices clarify police resistance ruling

Emphasizing that it’s not trampling on the Fourth Amendment and allowing police to illegally enter one’s home, the Indiana Supreme Court has revisited a case it decided four months ago and reinforced its ruling that residents don’t have a common law right to resist police entering one’s home.

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Judges rule on issues stemming from cemetery case

The Indiana Court of Appeals ruled on matters involving alleged looting of cemetery funds in two cases Monday, upholding the denial of class certification in one case and adopting a “plain legal prejudice” standard in the other case.

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Elements of crimes did not occur in Indiana

The Indiana Court of Appeals ordered that charges be dropped against a pair living in Houston who faced counterfeiting and theft charges, finding the trial court lacked territorial jurisdiction.

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Man’s conviction hinges on ‘induce’ definition

The Indiana Court of Appeals had to determine how to interpret the term “induce” related to a man’s contributing to the delinquency of a minor case and upheld his conviction based on the term’s dictionary definition.

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Judges uphold involuntary commitment

When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.

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COA finds 2007 version of statute is an ex post facto law

The Indiana Court of Appeals has reversed in part a man’s petition for post-conviction relief challenging the finding that he is ineligible to petition for a change of status regarding being a sexually violent predator. The 2007 version of the applicable statute is an unconstitutional ex post facto law as applied to him.

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Fired professor wins one, loses another appeal

A tenured English professor at the University of Evansville who was fired after an inappropriate interaction with a fellow professor lost his appeal against his co-worker, but his case against the university will proceed.

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Justices split over how to determine a lawsuit is equitable

The Indiana Supreme Court has expanded on a previous decision to create a multi-pronged inquiry to determine whether a suit is essentially equitable, a move that causes two justices to worry the new test may often foreclose a defendant’s right to a jury on distinct and severable legal claims.

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Justices vacate transfer of insurance case

By a vote of 4 to 1, the Indiana Supreme Court has decided to vacate transfer to an insurance case that split the lower appellate court regarding the definition of “ever” on a home insurance application.

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Court reverses decision denying trial counsel appointment

The Indiana Court of Appeals has determined a Jay Superior judge didn’t look at a defendant’s “total financial picture” when assessing his need for a court-appointed attorney. It has ordered a new indigency evaluation and trial for the misdemeanor battery charge.

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