Articles

SCOTUS asked to hear stun-belt case

When the Supreme Court of the United States returns for its new term beginning in October, Indiana will likely learn whether the high court will hear a case relating to a stun-belt restraint used here during a convicted murder’s trial.

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Class action alleges UPL

The plaintiffs’ lawyers will use the United Financial decision from the Indiana Supreme Court to make their argument.

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Appeals court splits on new sentence modification issue

An inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced, not re-resentenced after a successful appeal.

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Judges examine estate case involving will, self-proving clause

Deciding on an issue of first impression regarding the proper execution of a person’s will, the state’s second-highest appeals court has determined the Indiana General Assembly doesn’t want validly signed wills and self-proving clauses to be set aside lightly.

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Search didn’t violate driver’s rights

The smell of burnt marijuana on a person alone may constitute probable cause to support an arrest and search incident to arrest, the Indiana Court of Appeals held in a case of first impression.

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Circuit Court upholds $500,000 restitution order

A man who waived his right in plea negotiations to challenge his sentence or an order of restitution may not appeal the imposition of $533,000 in restitution to a victim depicted in child pornography, the 7th Circuit Court of Appeals held July 14.

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COA: Evidence supports dealing conviction

The Indiana Court of Appeals affirmed a defendant’s conviction of dealing in methamphetamine, finding that pill dough created while making the drug could be used to count toward the three grams needed to charge someone with Class A felony dealing.

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COA upholds $12 garnishment

A Miami Circuit Court did not err in its interpretation of a statute involving garnishment of wages when ruling a company was correctly withholding only $12.17 from an employee, held the Indiana Court of Appeals Wednesday.

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Judges remand medical malpractice action

The Indiana Court of Appeals has ordered a trial court to hold a hearing as to what testimony an expert could give and to revise one of its orders in limine in a medical malpractice suit stemming from an overdose of Benadryl more than 15 years ago.

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AG sues to recover $18,000 from LaGrange County clerk

Indiana Attorney General Greg Zoeller has filed a civil suit against Beverly S. Elliott, LaGrange County clerk, seeking more than $18,000 in misappropriated funds. Elliot is also facing criminal charges following an investigation by the State Board of Accounts and the Indiana State Police.

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