Articles

COA: Statements not made in illegal detention

The Indiana Court of Appeals affirmed the denial of a defendant's motion to suppress statements given to authorities while detained, finding he was legally detained because police already had probable cause to arrest him.

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Testimony showed intent in identity deception

During a trial for identity deception, a court correctly admitted evidence under Indiana Evidence Rule 404(b) of the defendant's prior interaction with the victim of his identity theft and previous instances of using the victim's information, the Indiana Court of Appeals concluded today.

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COA: Dog sniff requires reasonable suspicion

Analyzing the issue for the first time, the Indiana Court of Appeals today determined reasonable suspicion is needed to conduct a drug-detecting dog sniff of a private residence. Even though the state didn't argue the police had reasonable suspicion, it established the officers relied on the warrant executed after the sniff in good faith.

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Court clarifies continuing objection procedure

If a trial court grants a continuing objection, counsel doesn't have to object each time the class of evidence is subsequently offered, but if the trial court doesn't specifically grant the right to a continuing objection, counsel must object to the evidence as it is offered in order to preserve the issue on appeal, the Indiana Court of Appeals ruled today.

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COA: Bank didn’t breach duties as trustee

Although tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the bank acted in good faith.

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COA: Annexation should have been granted

The Indiana Court of Appeals found that a Circuit Court incorrectly ruled that Muncie failed to meet its statutory burden when trying to annex portions of two residential neighborhoods. The appellate court reversed the finding Muncie's ordinances annexing the land were invalid and the finding the landowners met their statutory burden to oppose the annexation.

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Purse search violated Indiana Constitution

A majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way it appears it could be holding a gun.

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Supreme Court reverses rape conviction

The Indiana Supreme Court overturned a man's rape conviction because evidence of his 10-year-old conviction of attempted rape of another woman shouldn't have been admitted at trial.

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First impression in ‘non-suspension’ rule case

The Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.

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SCOTUS: Lab techs must testify

A decision today from the Supreme Court of the United States will have an immediate impact on Indiana, where state justices are considering at least two cases about whether lab technicians who've tested evidence in a case must appear on the stand.

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Fax confirmation creates issue of fact

The 7th Circuit Court of Appeals addressed for the first time in a ruling today the evidentiary significance of a fax confirmation generated by the sender's machine. The Circuit Court determined the fax confirmation is strong evidence of receipt, so the District Court erred in granting summary judgment in favor of a company in an employment-discrimination case.

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Indiana Supreme Court upholds death penalty

The Indiana Supreme Court today upheld the death penalty for a man convicted of killing a woman and her two daughters. In doing so, the high court re-evaluated its stance on what it means when a jury fails to recommend a sentence.

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Worker’s entire service decides FMLA eligibility

In an issue of first impression, the majority of Indiana Supreme Court justices ruled an employee filling multiple positions with the same employer is eligible for leave under the Family and Medical Leave Act if the employee’s total service is sufficient to qualify, even if the service in either position alone doesn’t qualify.

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County must pay for parent’s appointed attorney

Noting a paradigm shift in parental rights termination cases due to House Enrolled Act 1001, one Indiana Court of Appeals judge believed the Department of Child Services instead of the counties should be responsible for the costs of appointed counsel in these types of proceedings.

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COA: Plaintiff class in FSSA suit too broad

The Indiana Court of Appeals affirmed the denial of certification of a proposed class suing the Family and Social Services Administration because plaintiffs believed the modernized public benefits program system has a disparate impact on people with disabilities. Even though the contract with the company providing the system was terminated earlier this month, the parties don't claim this action alters their appeal.

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Single larceny rule doesn’t apply in case

The Indiana Court of Appeals affirmed the denial of a man's petition for post-conviction relief, finding the defendant's trial counsel wasn't ineffective for arguing a single larceny rule defense because it wasn't applicable in this case.

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Lawyer failed to deny note execution under oath

Because an attorney acting pro se in a mortgage suit didn't include a statement in his general denial that the denial was truthful and made under penalty for perjury, he failed to deny under oath the execution of the note, the Indiana Court of Appeals ruled today.

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