Articles

COA: annexation detailed summary sufficient

Ruling on the issue of whether or not a city's "detailed summary" of a fiscal plan followed statutory notice requirements, the Indiana Court of Appeals affirmed judgment today in favor of the city in a suit filed by remonstrators.

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Judges question earlier Circuit holding

A decision from the 7th Circuit Court of Appeals about child pornography convictions turned into an examination of whether a standard adopted by the Circuit Court regarding allocution should remain the law of the Circuit.

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COA: alternative murder sentence illegal

The Indiana Court of Appeals ruled a defendant is entitled to re-sentencing on his murder conviction since the trial court wasn't authorized to sentence him to death and to a term-of-years sentence if the death penalty was overturned.

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Teen’s Fourth Amendment rights not violated

Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.

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Summary judgment affirmed for dairy farm

The Court of Appeals affirmed summary judgment in favor of a confined feeding operation in a dispute between the dairy farm and its neighbor over a tract of land and the impact of the farm on the neighbor's property.

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COA: Insurance company can’t deny coverage

The Indiana Court of Appeals upheld a trial court's decision that an insurance company was estopped from denying coverage to the suspected driver of a car because the company failed to properly preserve its right to deny the driver coverage.

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Men took substantial steps to commit crime

The 7th Circuit Court of Appeals addressed the same issue in two separate Indiana cases of men chatting on the Internet with people they believed to be teen girls: whether there was evidence the men had taken "substantial steps" toward committing the crimes of enticing a minor to engage in criminal sexual activity.

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Court rules on tort claims and wrongful death

The Indiana Supreme Court tackled the issue of the interaction of the statute of limitations provision under the state's Wrongful Death Act and the statute of limitations provision for an underlying substantive tort claim in two opinions released Dec. 24.

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Court: Rehabilitation evaluation a must

The Indiana Supreme Court says that before any juvenile can be placed on the state's sex offender registry, a trial court must first evaluate whether that minor has been rehabilitated to determine if there's clear and convincing evidence he or she might re-offend.

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Court split on mother’s battery conviction

In a split decision by the Indiana Court of Appeals, the majority upheld a mother's conviction of battery against her daughter, but one judge felt her conviction had to be overturned in light of a recent Indiana Supreme Court decision.

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Courts leave election law questions unanswered

In the days leading up to an Election Day where thousands of Hoosier voters had already cast ballots before polls even opened, Indiana's appellate judges issued a pair of election law rulings that leave more questions than answers and will likely lead to further review.

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Convictions don’t violate double jeopardy

The Indiana Supreme Court affirmed today a post-conviction court's denial of a defendant's petition for relief, finding his convictions of burglary and attempted armed robbery didn't violate Indiana's double jeopardy clause.

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Court finds fax to be a contract

The Indiana Court of Appeals affirmed summary judgment in favor of a landlord in his breach of lease claims against the Indiana Bureau of Motor Vehicles, finding a faxed agreement amending the original terms of the lease constituted a contract.

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Worker’s comp claim bars med mal complaint

The Indiana Court of Appeals reversed the denial of a hospital's motion to dismiss a medical malpractice complaint because
the claimant, who was employed by the hospital and on duty at the time of the injury, could only file a complaint against
the employer under the Worker's Compensation Act.

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7th Circuit won’t rehear in vitro case

The full 7th Circuit Court of Appeals won't rehear a case of first impression involving an Indiana woman's claim
that she was wrongfully fired for taking time off for in vitro fertilization, and attorneys haven't decided whether to
seek further review by the U.S. Supreme Court.

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