Articles

Defendant’s breach of plea agreement allows state to back out

The Indiana Court of Appeals addressed an issue of first impression Thursday: whether the state can withdraw from a plea agreement after the trial court has accepted it. The state was allowed to withdraw its agreement with a defendant after the man refused to testify at his co-conspirator’s trial, which was part of the deal.

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Judge concerned remonstrators may not have enough time to ask for a stay

The Indiana Court of Appeals affirmed the annexation by the city of Martinsville of approximately 3,000 acres, finding the remonstrators’ appeal is moot because they did not ask for a stay of the annexation approval. But one judge had concerns that municipality clerks may be able to make an annexation final before remonstrators have enough time to consider requesting a stay.

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Federal prosecutors charge 22 in alleged drug ring

Federal authorities said Wednesday they disrupted a major drug trafficking network stretching from Mexico to six U.S. states, and investigators partially credited a Chicago-based task force that focuses on the nexus between Mexican cartels and street gangs.

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What if high court rejects gay marriage cases?

The fastest and surest path to marriage for same-sex couples in some parts of the United States would be for the U.S. Supreme Court to surprise everyone and decline to get involved in the issue right now.

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Supreme Court tells judges how to deal with prolific, abusive litigants

The Indiana Supreme Court released a per curiam decision Tuesday dismissing the appeal of a man described as a “prolific, abusive litigant” based on the 123 cases he has filed in state court throughout Indiana. In its opinion, the justices also provide guidance to trial courts on how to deal with abusive and vexatious litigation practices.

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Court properly denied grandmother visitation rights

A trial court properly ruled on a case as a petition for grandparent visitation, not as a modification of already established visitation, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a paternal grandmother’s request for visitation.

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Court erred in ordering insurer to pay costs of cleanup

A trial court misinterpreted a previous ruling involving an insurance coverage dispute for environmental cleanup costs, and as such, erred when it ordered the insurer to pay costs that were incurred as a result of a settlement, the Indiana Court of Appeals held.

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COA split on upholding battery conviction

The Indiana Court of Appeals was divided Tuesday over whether to affirm a man’s conviction of Class C felony battery by means of a deadly weapon following an attack on his son-in-law. The dissenting judge believed the defendant should have been able to include the victim’s prior inconsistent statements at trial.

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Judges affirm 95-year sentence for molesting boy

Although the trial court erred in admitting most of the pornographic images possessed by the defendant at his child molestation trial, the admission was a harmless error. As such, the Indiana Court of Appeals affirmed William Remy’s 95-year sentence for five charges related to repeated molestation of a boy.

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