Articles

COA sets standard in parental rights cases

In addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial judges must offer findings of fact in those types of cases just as they're required to by law for children in need of services cases and grandparent visitation matters.

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COA: annexed parcels must touch each other

The Indiana Court of Appeals reaffirmed today that Indiana requires that an annexation ordinance applies only to solid, unbroken areas of land. This issue arose in an annexation dispute between two northern Indiana towns.

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Justices: Agreement was impermissibly modified

A LaPorte Superior judge made an impermissible modification to a divorced couple's settlement agreement by giving the bank's lien on the family farm priority over the ex-wife's lien, the Indiana Supreme Court ruled today.

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COA rules on service of summons issues

The Indiana Court of Appeals addressed service of summons issues in foreclosure actions in two decisions today, finding the servicing parties needed to do more to ensure the recipients actually get notice.

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COA split on impact of jury instruction omission

One Indiana Court of Appeals judge dissented from his colleagues' decision to grant a new trial based on the lack of a jury instruction on robbery because he didn't think the defendant was prejudiced by the omission.

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High court rules on prisoners issues

The Indiana Supreme Court handed down two opinions Wednesday in which the high court expressly adopted the "prison mailbox rule" and determined a majority of the Indiana Parole Board constitutes the full parole board when making final decisions.

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Woman can’t prove pregnancy discrimination

The 7th Circuit Court of Appeals affirmed summary judgment for a stone company after finding a woman couldn't prove the company knew she was pregnant when it decided to relocate her to another office.

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High court defines ‘briefly’

In two cases involving a statutory defense to possession or dealing of drugs within 1,000 feet of a school, the Indiana Supreme Court defined the term "briefly" and ruled on whether the defendants were briefly near schools when they committed their crimes.

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Ex-racer loses appeal on Porsche ownership

The 7th Circuit Court of Appeals has issued its take on an ownership dispute over a classic 1979 Porsche on display at the Indianapolis Motor Speedway Foundation's Hall of Fame Museum.

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COA: State didn’t bring man to trial within 1 year

The Indiana Court of Appeals reversed the denial of a defendant's motion for discharge under Indiana Criminal Rule 4(C), finding the state failed to bring him to trial within one year. In Delmar Caldwell v. State of Indiana, No. 75A03-0908-CR-393, Delmar Caldwell appealed the denial of his motion to discharge after the trial court found […]

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Judges split on endangerment issue

The Indiana Court of Appeals found the state proved a defendant had driven drunk, but the judges disagreed as to whether the state showed the man had endangered others with his driving.

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COA reverses finding IDEM breached agreement

The Indiana Court of Appeals reversed the finding that the Indiana Department of Environmental Management breached a settlement agreement because the trial court didn't have subject matter jurisdiction to determine whether it committed a breach.

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Estate entitled to hearing on cause of fire

A plaintiff is entitled to a hearing on whether vandalism caused the fire at an unoccupied home, the 7th Circuit Court of Appeals ruled today. The District Court never made a finding on the investigation that indicated it may have been burglars who started the fire.

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Jury not properly instructed at man’s trial

The Indiana Court of Appeals reversed a defendant's convictions of battery and resisting law enforcement, and disorderly conduct because the jury wasn't properly instructed about the man's defense of the right to reasonably resist unlawful entry into his home.

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Judge dissents in eviction case

There is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction or repossession of a private party, according to an Indiana Court of Appeals judge.

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