Articles

SCOTUS denies Indiana judicial canons case

The Supreme Court of the United States has refused to take a case asking whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.

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COA rules on unjust enrichment issue for first time

For the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent with the contract.

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First impression issue on ‘in loco parentis’ doctrine

Until Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.

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Judges split on stalking conviction

The Indiana Court of Appeals was divided Friday in reversing a man’s conviction of stalking. The decision hinged on their interpretations of the term “repeated” in Indiana’s anti-stalking laws.

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Indianapolis attorney to represent accused USS Cole bomber mastermind

A week after the federal government announced it would seek the death penalty against the prime suspect in the 2000 bombing of the USS Cole, the Department of Defense has appointed an Indianapolis attorney to represent the man who will face the first military tribunal under President Barack Obama’s administration.

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7th Circuit rejects ineffective trial assistance claim

The 7th Circuit Court of Appeals has upheld the denial of a defendant’s motion to vacate his guilty plea, claiming ineffective assistance of trial counsel. The judges found the record foreclosed any claim that the man’s attorney was constitutionally ineffective or that the man didn’t otherwise knowingly and voluntarily plead guilty.

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Credit-time statute amendment not retroactive

An amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals concluded Wednesday.

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Justices reverse forfeiture of truck

The Indiana Supreme Court agreed with the lower appellate court that a man’s truck shouldn’t have been lost in a civil forfeiture action because the state didn’t prove any substantial connection between the truck and the commission of a crime.

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COA affirms transfer penalty for nursing home resident

The Indiana Court of Appeals has affirmed a finding by the Family and Social Services Administration that an elderly woman was not entitled to Medicaid nursing home benefits in the eight months after she gave $35,500 to her nephew and his wife.

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Committees propose new rules for parenting coordination

The Domestic Relations Committee and Alternative Dispute Resolution Committee of the Judicial Conference of Indiana have developed proposed parenting coordination rules and commentary. Parenting coordinators are used to help resolve disputes between parents regarding children. Currently, there are no existing Indiana Supreme Court rules covering the area.

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Legally preserving history

Real estate, property negligence, and zoning laws are often utilized to preserve, restore, or protect sites having historic significance.

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Prosecutors: money doesn’t trump other factors when considering death penalty

At a time when capital punishment requests are down and some state officials are questioning the cost and overall effectiveness of seeking a death sentence, the issue of what it’s worth to go after this ultimate punishment is getting more scrutiny in Indiana and nationwide. Read more in Indiana Lawyer's in-depth look at the death penalty and the cost of justice.

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