Articles

Justices differ on defining ‘youth program center’

Two Indiana Supreme Court justices objected to affirming a man’s drug sentence for possession within 1,000 feet of a
“youth program center” because the church that ran the programs wasn’t easily identifiable as regularly
running programs for kids.

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7th Circuit upholds denial of alien’s motion to dismiss

The 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an
alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s
motion to dismiss because he failed to meet any of the law’s exhaustion requirements.

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Articles about pending cases raise concerns

At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.

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SCOTUS reverses 7th Circuit on sex offender registration

The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal
sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.

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COA: Breathalyzer certificate is not testimonial

For the first time since the Supreme Court of the United States’ 2009 ruling that found a defendant had a Sixth Amendment
right to confront the analysts who prepared lab certificates certifying the defendant had cocaine, the Indiana Court of Appeals
ruled that a trial court did not violate the defendant’s right to confrontation by allowing the inspection certificate
for a breathalyzer into evidence, even though the certifier of the equipment did not testify at trial.

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Justices rule on case about worker’s compensation, damages

Upholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered
guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining
punitive damage awards.

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Court rejects stale trash evidence argument

The Indiana Court of Appeals has rejected an argument that evidence found in a trash search was stale because no other garbage
had been collected in the past two weeks and that seized material could have been too old.

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Supreme Court analyzes appellate review rule on sentences

Addressing an issue that’s divided the state’s intermediate appeals judges, the Indiana Supreme Court has held
that review under Appellate Rule 7 may include consideration of a person’s total penal consequences within a trial court
sentence.

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Debate swirls around citations, use of the NFP

Envision a world in which lawyers successfully defended a client on what all parties thought was a significant legal issue,
but future attorneys couldn’t use that case result to help persuade judges in their litigation.

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Sexually violent predator petitions must be refiled

The status as a sexually violent predator for two inmates stands for now, but the Indiana Court of Appeals directed the men
to refile their motions to remove that status pursuant to the recently amended statute dealing with this issue.

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Judges rule on pre-existing condition case

Highlighting the highly controversial health care debate that’s played out during the past year, the 7th Circuit Court
of Appeals today ruled on a pretty straightforward case about a pre-existing condition clause that denied a man’s claim
for long-term disability benefits.

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Justices rule on plea negotiation communications

The Indiana Supreme Court has addressed the scope of privilege for plea negotiations for the first time in 20 years, upholding the conviction and sentence of a man who drove his pickup truck into an Evansville school bus while intoxicated and injured more than a dozen children.

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7th Circuit addresses contempt proceedings, judicial safety

A federal appeals judge from Indianapolis penned a 7th Circuit Court of Appeals decision today that touches on free speech,
judicial safety, and contempt proceedings that stem from a case against a well-known radio personality and infomercial salesman
who promotes natural cures and alternative medicine.

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COA upholds 125-year child-molesting sentence

In upholding multiple child-molesting convictions and a 125-year sentence, the Indiana Court of Appeals has rejected a woman’s
argument about why her penalty should be reduced based in part on the very young ages of the victims.

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Court: Police shouldn’t have made traffic stop

An appellate decision today in a drunk-driving traffic stop case out of Fort Wayne illustrates how a lack of knowledge about
a particular road’s layout can derail the prosecution of someone who may have been intoxicated behind the wheel.

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