Articles

COA limits credit restrictions for some child molesters

The Indiana Court of Appeals ruled Wednesday that defendants who plead guilty to lower-level felony counts of child molesting are not subject to good-time credit restrictions, even if they do not dispute allegations of molestation that would subject them to loss of credit time.

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Sentence for ‘recidivist drunk driver’ affirmed

A southern Indiana man’s five-and-a-half-year sentence for his conviction as a habitual vehicular substance offender was affirmed by the Indiana Court of Appeals, which called him “a recidivist drunk driver whose behavior has been undeterred by his prior contacts with the criminal justice system.”

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Judge’s revocation of plea deal, longer sentence affirmed

A man convicted of negligence resulting in the death of this 3-month-old son lost his appeal Wednesday, failing to show that a judge erred in revoking his plea agreement before sentencing, which led to a longer sentence when he was convicted after a trial.

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Indiana joins new effort to end Obamacare

Indiana has joined a 20-state coalition in a renewed attempt to overturn the Affordable Care Act, arguing the changes to the individual mandate brought by the 2017 tax reform render the entire healthcare law unconstitutional.

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Hill asks full 7th Circuit to reinstate death penalty for Baer

Indiana Attorney General Curtis Hill has asked the 7th Circuit Court of Appeals to reinstate the death penalty for an Indiana man convicted of the “heinous” murders of a Madison County mother and her 4-year-old daughter after a 7th Circuit panel overturned the man’s death penalty sentence last month.

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Judgment for lender in student loan case reversed

A Warrick County man won his appeal in a student loan dispute after the Indiana Court of Appeals determined the alleged holder of his son’s student loan failed to prove it was entitled to an $18,000 summary judgment ruling.

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COA reinstates New York judgment against Indiana business

The Indiana Court of Appeals has reversed a decision to set aside judgment in favor of a New York company serving as a creditor to an Indiana business, finding Indiana law regarding cognovit notes cannot supersede the Full Faith and Credit Clause in a dispute over a New York judgment.

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Appeals court remands HOA dispute over limo parking

A Hamilton County dispute between a local couple and their homeowners association over the parking of limousines used in a business will return to the trial court after the Indiana Court of Appeals determined the trial court’s final order was based on erroneous findings.

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Supreme Court releases report on Commercial Courts amid challenge

Coinciding with the halfway point for the three-year Commercial Courts Pilot Project that faces a pending constitutional challenge, the Indiana Supreme Court has released a report on the six participating courts. More than half the cases were filed in Marion County, and three courts have had 10 or fewer cases filed.

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Civil forfeiture reform passes General Assembly

A bill to reform many aspects of Indiana’s civil forfeiture proceedings is headed to Gov. Eric Holcomb after receiving unanimous support on final passage from the House of Representatives on Monday. The legislation increases due process protections in such cases.

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Retired attorney survives motion to dismiss copyright claim

A retired Indiana attorney has survived a motion to dismiss a copyright infringement claim against a fellow Indiana lawyer regarding a photo of the Indianapolis skyline, the most recent decision in a long line of copyright claims stemming from the disputed photo.

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