Articles

Court rules on sex offender status decisions

Tackling the issue of who determines whether a convicted sex offender is considered a “sexually violent predator,”
the Indiana Court of Appeals today issued the latest ruling in a line of cases about the state’s sex offender registry
and how convicts’ names are removed.

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Judges rule on child molesting statute of limitations

Addressing an issue that’s been litigated back and forth on appeal for more than 20 years, the Indiana Court of Appeals decided today that a statute of limitations on felony child molesting begins running once the actions stop and the victim is no longer being prevented from telling authorities.

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Justices rule on East Chicago casino-revenue case

The Indiana Supreme Court has dodged a question about whether state lawmakers should be able to cram multiple unrelated issues into a single piece of legislation, leaving in place what some call the practice of “legislative logrolling” that hasn’t been specifically shot down in almost four decades.

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7th Circuit to rehear Second Amendment case

Advocates of domestic-violence victims and gun owners have their sights set on an upcoming oral argument at the 7th Circuit
Court of Appeals in Chicago. The case of interest raises the issue of whether someone who has been convicted of a domestic-violence
misdemeanor should be able to have a gun for hunting purposes.

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RICO case against former East Chicago mayor nets $108M in damages

A federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages for a voting scandal a decade
ago, but in doing so he’s rejected the Indiana Attorney General’s most novel and far-reaching legal arguments in a landmark
civil racketeering case centered on public corruption in East Chicago.

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Legislature, courts navigate uncertainty about registry laws

Hoosier lawmakers are revising state law following the confusion created by an Indiana Supreme Court ruling last year, which
involves how convicted sex offenders can be removed from a statewide registry if they believe registration wasn't required
at the time of their conviction.

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Suit filed after statute of limitations end

The Indiana Court of Appeals reversed summary judgment for a company that purchases and collects charged-off credit card debt, ruling the statute of limitations prevented the company from going after a delinquent consumer.

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COA upholds eviction action

A trial court properly treated a couple's action against the man who agreed to purchase a house from them
as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of
a pre-closing possession agreement like the one in the instant case.

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Appellate court upholds murder conviction

Although the trial court erred in finding a police officer was a skilled witness uniquely qualified to assess a murder victim's truthfulness, it was a harmless error because his testimony was an admissible lay observation, the Indiana Court of Appeals concluded today.

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COA rules on first impression railroad issue

In an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on
unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries
he sustained while employed with a transportation company.

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COA lengthens defendant’s sentence

The Indiana Court of Appeals revised a defendant's sentence for rape and other convictions, but it may not have been what the man had in mind when he appealed. In a rare move, the Court of Appeals increased his sentence by 25 years.

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Appellate court upholds guardian appointment

The Indiana Court of Appeals affirmed the appointment of a third-party guardian for an incompetent adult because a disinterested person may hopefully prevent unnecessary disputes caused by mistrust between the woman's children and husband.

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COA: no error in admitting no contest plea

A plea of no contest can be admitted under Indiana Evidence Rule 803(8) as a public record proving the fact of a conviction, the Indiana Court of Appeals affirmed today. The appellate court found no error in admitting a defendant's nolo contendere plea to a Florida murder as proof he was convicted of an offense qualifying him as a serious violent felon.

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