Articles

Hammond traffic judge faces misconduct charges

Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without assessing required fees, as well as dissuading one litigant from contesting a seatbelt violation in court.

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Court orders new arson trial

The Indiana Court of Appeals ordered a new trial for a man convicted of arson because the trial court erred in letting the state amend the charging information after it had read the original charges to the jury.

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COA turns to dictionary in contract dispute

Citing Black’s Law Dictionary’s definitions of “solicit” and “induce,” the Indiana Court of Appeals has affirmed a trial court’s finding that a software company did not violate terms of its contract with another business.

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Lawmakers discuss scope of police entry case

A Bedford lawyer-legislator says a recent Indiana Supreme Court decision on resisting police entry has resulted in more feedback from attorneys and residents statewide than he’s experienced since the daylight saving time debate.

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Justices split on recovery of attorney fees under Adult Wrongful Death Statute

The Indiana Supreme Court issued three opinions June 29 dealing with what fees are recoverable under the Adult Wrongful Death Statute, holding that attorney fees, litigation expenses, and loss of services can be recovered. Chief Justice Randall T. Shepard and Justice Robert Rucker dissented in each decision, believing that those fees aren’t allowed under the statute.

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Justices: Child placement statutes are constitutional

In a much-anticipated ruling, the Indiana Supreme Court has ruled three statutes relating to juvenile judges’ authority on out-of-state placement cases are constitutional and that the Department of Child Services has statutory power to consider costs when considering those placements.

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High court divided on public intoxication charge

In deciding that a woman’s public intoxication conviction should stand, four Indiana Supreme Court justices declined to reverse her conviction on public policy grounds and found the conviction didn’t violate any constitutional right.

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Court: Man may be classified as sexually violent predator

The Indiana Supreme Court ruled 4-1 that classifying a man as a sexually violent predator due to an amendment to the Sex Offender Registration Act doesn’t violate Indiana’s prohibition of ex post facto laws or the doctrine of separation of powers.

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Recount commission rules in favor of secretary of state

Indiana Secretary of State Charlie White will remain in office. The Indiana Recount Commission voted 3-0 in favor of White, finding the Indiana Democratic Party didn’t provide sufficient evidence that White wasn’t eligible to take office.

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High Court accepts 7 transfers

The Indiana Supreme Court has taken seven cases on transfer, including a case in which the lower appellate court was split on a construction manager’s duty to an injured worker.

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Judge: Man did not knowingly waive right to counsel

An Indiana Court of Appeals judge raised six points in a dissent Monday as to why he disagreed with his colleagues’ decision to affirm the revocation of a man’s probation based on the conclusion that the defendant knowingly, intelligently, and voluntarily waived his right to counsel.

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Appellate court divided over trust liability

The Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory damages and attorney fees.

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Judges halt enforcement of challenged laws

Two federal judges issued preliminary injunctions June 24 preventing parts of two new controversial laws regarding immigration and funding of Planned Parenthood of Indiana from being enforced.

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