Articles

Justices rule on cases using 3-step test seeking records

The Indiana Supreme Court tackled the issue of requests for production of information to private third parties in two opinions Thursday – one dealing with records sought that fall under the victim-advocate privilege and the other dealing with unprotected information.

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Justices discuss jury unanimity in molestation cases

The Indiana Supreme Court addressed the issue of unanimous jury verdicts in child molesting cases Thursday, and adopted reasoning from the California Supreme Court when dealing with the “either/or” rule in cases where multiple instances are mentioned but the defendant faces only one charge.

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Group can’t challenge high school closure

The Indiana Court of Appeals affirmed the dismissal of a parent and taxpayer group’s legal challenge to the closing of a Fort Wayne school, finding the decision doesn’t violate the state constitution.

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7th Circuit sends Corcoran case back to trial court

Following a remand from the United States Supreme Court in late 2010, the 7th Circuit Court of Appeals admitted it made mistakes in its recent decision involving a convicted murderer’s appeal and sent the case to the District Court to address habeas relief claims.

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COA splits on reversing convictions for Batson violation

A divided Indiana Court of Appeals reversed a defendant’s convictions, including attempted battery with a deadly weapon, finding the state’s explanations for striking the only African-American from the jury were pretextual and purposeful discrimination.

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Justices uphold admitting juvenile’s confession

The Indiana Supreme Court has found that a juvenile court didn’t err in admitting a teen’s confession, finding the boy was given the opportunity for meaningful consultation with his mother and that he knowingly waived his rights. The justices did also emphasize that the waiver used should be altered to make it more clear.

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Southern District magistrate up for reappointment

The U.S. District Court for the Southern District of Indiana is seeking comment as to whether Magistrate Judge William G. Hussmann Jr. should be recommended for reappointment. The current term of Magistrate Hussmann, who works in the Evansville Division, expires April 3, 2012.

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Court won’t recognize non-fiduciary liability

Indiana doesn’t allow people to sue when they’ve had corporate opportunities taken away by business partners who’ve gone off and formed new partnerships with others, and the state Court of Appeals declined to decide whether non-fiduciaries can be held liable for usurping corporate opportunity.

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Justices asked to rehear Barnes

The Indiana Supreme Court is being asked to revisit a ruling on a person’s right to resist illegal law enforcement entry into one’s home, and 71 state legislators have signed an amicus curiae brief asking the justices to narrow their decision.

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