Articles

Appellate court overturns sexual battery conviction

The Indiana Court of Appeals has reversed a man’s conviction of Class D felony sexual battery because the defendant’s actions don’t qualify for sexual battery under Indiana statute. It ordered the man be convicted of Class B misdemeanor battery.

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Judges rule in favor of California attorney in Simon case

A divided Indiana Court of Appeals has reversed the decision of a Marion Superior judge that denied a California attorney’s motion to dismiss a defamation lawsuit filed by Herbert and Bui Simon for lack of personal jurisdiction. The lawsuit stems from comments the attorney made to an Indianapolis television station regarding lawsuits involving the Simons.

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Students, attorneys learn about historic Dred Scott case

A U.S. Supreme Court decision from 155 years ago that helped ignite the Civil War came to life again Tuesday in the Indiana Supreme Court and a nearby university as part of a Black History Month observation to teach students and attorneys about the importance of the Dred Scott decision on constitutional rights.

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Divided court affirms liability in ‘courtesy wave’ case

In a case of first impression, the Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a motorcyclist injured in a crash. One judge disagreed with the majority decision, stating the opinion is contrary to sound public policy.

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Bankruptcy discharge pushed for school debt

Delinquent borrowers may be relieved to learn that student loan default – unlike espionage and treason – is not punishable by death. But defaulting on a student loan can have disastrous effects on a borrower’s personal credit and lead to a lifetime of financial difficulties.

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COA finds double jeopardy in DeLaney attacker’s case

The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.

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Court properly preserved home habitability claim

The Indiana Court of Appeals has found that a Clark County case can continue involving claims against a home construction company. The former homeowners allege that the company defectively built their home and that mold and water damage occurred, leading to loss of habitability.

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IU Maurer professors to discuss affirmative action case

A panel of Indiana University constitutional law experts will discuss the implications of the United States Supreme Court's recent decision to hear Fisher v. Texas, a case challenging the University of Texas' affirmative action program.

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Commission names 3 justice finalists

The Indiana Judicial Nominating Commission has selected Indiana Court of Appeals Judge Cale J. Bradford, Indianapolis attorney Mark S. Massa, and Jane A. Seigel of the Indiana Judicial Center as finalists for an upcoming Indiana Supreme Court vacancy.

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Union sues over right-to-work law

A northern Indiana labor organization has filed a lawsuit against Gov. Mitch Daniels and other state actors over the recent enactment of legislation that made Indiana a “right-to-work” state.

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Judges affirm denial of post-conviction relief

The Indiana Court of Appeals declined to find an attorney provided ineffective assistance of trial counsel to a man on trial for the second time because that attorney didn’t defend the case in the same manner as did the attorney on the first trial.

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