Articles

COA decides sex offender registration plea case

The Indiana Court of Appeals today declined to ignore a year-old precedent from the state's highest court about sex offender
registration, finding that the ruling still applies to cases where an offender once signed a plea agreement requiring him
to follow lesser registration requirements.

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Tax court rules on inheritance issue

In Indiana, a person adopted pre-emancipation can't be considered a Class A transferee beneficiary for inheritance tax
purposes, the Indiana Tax Court ruled Thursday afternoon in an issue of first impression.

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7th Circuit affirms permanent injunction

The 7th Circuit Court of Appeals upheld an injunction preventing the application of Indiana’s Uniform Consumer Credit Code to an Illinois company because it violates the commerce clause of the U.S. Constitution.

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7th Circuit Court: Class action suit isn’t moot

A class action lawsuit filed by an inmate at the Tippecanoe County Jail who has since been transferred can proceed through the litigation process to determine if class action certification is proper, the 7th Circuit Court of Appeals concluded today.

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COA allows woman to establish maternity

The Indiana Court of Appeals reversed the denial of an agreed petition to establish paternity and maternity of a child who was born of a surrogate, finding equitable relief should allow the biological mother to establish she is in fact the baby's biological mother.

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Court puts death penalty case on hold

The 7th Circuit Court of Appeals has reversed an Indianapolis judge's decision on a death penalty case, putting a condemned
convict's death penalty appeal on hold indefinitely because of his current mental state.

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Dad who took son owes arrearage to mom

The Indiana Court of Appeals split today in its decision of who should receive back child support payments from a father who kidnapped his son for 16 years before turning himself in when the son was 23 years old.

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Decision resolves conflicting appellate rulings

An offense of attempted dissemination of matter harmful to minors can be committed when a defendant attempts to transmit prohibited
matter by the Internet to an adult police detective posing as a minor, the Indiana Supreme Court ruled Tuesday.

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Court denies request for emancipation, child support change

In deciding whether a father's child support requirement should be modified or ended, the Indiana Court of Appeals refused to adopt new reasoning that any child attending college could be deemed emancipated if that child didn't live in the custodial parent's home.

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7th Circuit affirms writ of habeas corpus

On remand from the Supreme Court of the United States, the 7th Circuit Court of Appeals affirmed the District Court’s conditional grant of the petition for a writ of habeas corpus for a man facing the death penalty.

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All elements of ‘fair value’ must be considered

Although there isn't any Indiana caselaw detailing how the shares held by dissenting shareholders are to be appraised, the Indiana Court of Appeals adopted the view that trial courts should consider all possible elements of the present value of the corporation on the valuation date, including the company's possible future plans.

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7th Circuit: expenses were capital expenditures

An Indianapolis-based health insurer can’t deduct its settlement payments or legal expenses from the litigation because the insurer’s payments were actually capital expenditures, the 7th Circuit Court of Appeals affirmed today.

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Judges find search of car for gun not justified

A panel of Indiana Court of Appeals judges reversed the denial of a defendant's motion to suppress evidence of drugs found in his car during a search, but one judge believed the man's cooperation and respect toward the police officer shouldn't factor into their decision making.

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High court adopts COA opinion in billing dispute

The Indiana Supreme Court granted transfer Wednesday in a dispute over who bears the burden to prove "pecuniary liability" under the Worker's Compensation Act, and adopted the Indiana Court of Appeals' opinion on the matter.

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