Articles

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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Judges disagree on chemical possession charge

A panel of Indiana Court of Appeal judges disagreed as to whether a defendant who stole anhydrous ammonia with the intent of selling it to a third party in the future to make methamphetamine, but who never actually sold the chemical, could be charged with possession with intent to manufacture methamphetamine.

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COA upholds termination of parental rights

The Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence. The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to prove her drug use when she repeatedly refused to submit to drug testing.

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Court reverses handgun conviction

The Indiana Court of Appeals reversed today a defendant's conviction of carrying a handgun without a license because
the circumstantial evidence doesn't support that the man had the requisite intent to constructively possess the gun.

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Justices disagree about evidence issue

Indiana Supreme Court Chief Justice Randall T. Shepard didn't agree with his colleagues' decision that a defendant couldn't introduce evidence to dispute the judgment of an injured plaintiff's medical providers in choosing certain treatment.

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Judges uphold child pornography sentence

The 7th Circuit Court of Appeals found no procedural or substantive errors in a sentence following a man's guilty plea to a child pornography charge. In United States of America v. Brad Coopman, No. 09-2134, Brad Coopman challenged his sentence of 151 months in prison and 10 years of supervised release after he pleaded guilty to […]

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Couple not a ‘successful party’ in settlement

Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney
fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."

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