Articles

Court divided over failure to identify conviction

Although the majority found a defendant’s evasiveness in answering identifying questions from a police officer “reprehensible,” the judges reversed the man’s failure to identify conviction because he did eventually provide the information to the officer.

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Supreme Court: Fortville cannot annex land

The Indiana Supreme Court upheld a trial court’s decision Thursday that evidence did not support the town of Fortville’s contention that it needed the land it wanted to voluntarily annex in the near future.

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Supreme Court defines marriage relatives

The Indiana Supreme Court determined the sister of a man who was once married to the defendant’s aunt is not a family or household member and changed a man’s Level 6 felony charge to Class A misdemeanor battery.

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Justices: Murderer should be able to file belated notice of appeal

The Indiana Supreme Court ruled in a per curiam decision a man who pleaded guilty to two counts of murder among other charges can file a belated notice of appeal after the justices found “unique circumstances” in his case that did not allow him to file an appeal of his sentence when it was decided in 1987.

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Woman entitled to inherit estate, judges affirm

The Indiana Court of Appeals affirmed a woman was the sole heir of an estate as the only daughter, finding there was sufficient evidence for the claim and denying the deceased man’s sisters’ request for a DNA test.

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Appellate court defines rules of police stops

The Indiana Court of Appeals found a man’s tendered jury instruction was a mistake of law and not a mistake of fact and upheld his conviction of felony resisting law enforcement by fleeing. The judges then outlined what fleeing law enforcement means and what rights police officers and drivers have to determine location of stops.

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Interim commercial court rules released

The Indiana Supreme Court has issued an order outlining the interim rules applicable to the courts participating in the three-year Commercial Court Pilot Project, which begins this summer.

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St. Joe Circuit judge named as new federal magistrate

St. Joseph Circuit Judge Michael G. Gotsch is moving from one court to another this year. The judge, who decided not to run for re-election, has been selected to serve as a magistrate judge in the U.S. District Court for the Northern District of Indiana.

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COA: Trainer who had license suspended denied due process

A woman was denied due process after she had her athletic trainers’ license suspended for having a sexual relationship with one of her clients, the Indiana Court of Appeals ruled. Even though she did not attend her hearing, her attorney did and the complaint she filed should not have been dismissed.

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