Articles

Judges reverse support modification for lack of jurisdiction

The Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely troubling.”

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Judges uphold OWI conviction

The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.

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Family Court project grants now available

The Indiana Supreme Court, Division of State Court Administration is accepting Phase V Family Court Project Grant Applications. The application includes information about the county's current judicial system, and a request for a family court grant in the amount of $10,000 to $40,000 per year, for a two-year period. Selected counties will begin operation in January 2010.

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Senate Judiciary delays nomination vote

The Senate Judiciary Committee has postponed voting on the nomination of U.S. Judge David F. Hamilton to the 7th Court of Appeals because some senators are concerned about the Indianapolis jurist's record on the bench.

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7th Circuit: Drug convictions stand

The 7th Circuit Court of Appeals affirmed drug convictions against two defendants, holding the lower court didn’t err in admitting a police officer’s voice identification testimony regarding one of the defendants.

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Justices take legal-malpractice insurance case

The Indiana Supreme Court granted transfer to a case in which a legal professional liability insurer claimed it didn’t receive actual notice of claims against the attorney, so the former clients couldn’t collect under the plan.

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Dismissal of delinquency petition doesn’t endanger public

A juvenile court didn’t err in dismissing a delinquency petition against a teen who was found to be incompetent to stand trial, the Indiana Court of Appeals ruled today. The judges also found dismissing the petition did not unduly endanger the public.

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Court rejects man’s explanation of ‘briefly’

A man charged with a drug dealing offense near a school wasn’t entitled to a jury instruction stating he was only “briefly” within 1,000 feet of school property because the drug transaction was short in time even though it happened at his house, the Indiana Court of Appeals ruled today.

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Despite out-of-court agreement, COA upholds motion to strike

The Indiana Court of Appeals encourages collegiality among attorneys when it comes to resolving issues outside of court, but it had to uphold the striking of documents because they were not timely filed with the trial court. The parties’ attorneys agreed to an extension of time to reply outside of court, but the trial court had no choice but to not allow the late reply.

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ICJI awards grant for study of juvenile courts

Two Indiana University School of Public and Environmental Affairs professors at Indiana University-Purdue University Indianapolis have received a $200,000 grant from the Indiana Criminal Justice Institute to study the records of juvenile delinquents in Indiana to determine if juvenile court personnel treated defendants differently based on race, the school announced today.

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COA affirms Avon ordinance invalid

The Town of Avon’s attempt to regulate by ordinance a township and conservancy district’s ability to remove and sell groundwater located in a park failed because the ordinance violated Indiana law, the Indiana Court of Appeals held today.

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COA: State could charge man for leaving scene of fatal accident

The Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man who had already been convicted of causing the victim’s death.

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