Articles

Judges reverse marijuana conviction

The search of the car driven by a defendant violated the Fourth Amendment, the Indiana Court of Appeals ruled, so the trial court abused its discretion in admitting evidence obtained through an inventory search of the car.

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COA finds man was shareholder at time of stock sale

A dispute between family members over stock of the family company led to the Indiana Court of Appeals addressing an issue involving shareholders and revocable trusts that hasn’t yet been addressed in Indiana: whether the settlor, who places shares of stock into a revocable inter vivos trust and names himself as trustee and beneficiary, retains his shareholder status.

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Chief justice to be selected May 15

The Indiana Judicial Nominating Commission will meet May 15 to vote on who will be Indiana’s chief justice. Justice Brent Dickson has been acting chief justice since Chief Justice Randall T. Shepard retired in March.

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3 task force proposals address issues in Marion County Small Claims courts

The Marion County Small Claims Task Force created by the Indiana Supreme Court has released its report outlining its investigation into problems within the county’s small claims courts. The report proposes three ways to address the problems, including incorporating the small claims courts into Marion Superior Court.

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7th Circuit vacates sanction in contempt judgment

The 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was imposing the sanction he did, so the 7th Circuit vacated the sanction.

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Massa investiture May 7

The formal swearing-in ceremony for new Indiana Justice Mark Massa will be May 7 in the Indiana Supreme Court Courtroom.

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COA affirms use of equitable subrogation

The Indiana Court of Appeals affirmed the trial court’s decision to award title over a disputed piece of property, but reversed regarding the order the defendant pay the plaintiff’s attorney fees.

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Judges affirm denial of motion to withdraw plea

The trial court did not err when it denied a defendant’s motion to withdraw his guilty plea after his attorney failed to discover that the state could charge him with being a habitual offender in only one of the two separate causes that were filed against him, the Indiana Court of Appeals ruled.

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Judges uphold inpatient treatment for juvenile

Because the record shows that a juvenile’s placement at an inpatient treatment facility is consistent with the goals for the teen’s rehabilitation, the Indiana Court of Appeals upheld the juvenile court’s placement order.

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COA rules in favor of chamber in breach of contract dispute

In its decision ordering summary judgment be entered in favor of the Brownsburg Chamber of Commerce in a lawsuit involving damages to a former employee, the Indiana Court of Appeals adopted the proposition that damages for breach of notice provisions are limited to compensation for the notice period.

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U.S. justices to rule on retroactivity of case involving guilty pleas by immigrants

The Supreme Court of the United States will hear a case that stems from its 2010 decision Padilla v. Kentucky, in which the justices held that criminal defense attorneys are obligated under the Sixth Amendment to advise noncitizen defendants about immigration consequences of pleading guilty. The justices will now rule on whether its decision is retroactive.<

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Courts not responsible to find person named in subpoena

It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.

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Former secretary of state suspended

The Indiana Supreme Court suspended former Indiana Secretary of State Charlie White Wednesday because he was convicted of several felonies following a trial on voter fraud charges.

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