Articles

7th Circuit: amendment applies to all mortgages

A 2007 amendment allowing recorded mortgages with certain technical defects to provide constructive notice, as if the mortgages were properly recorded and acknowledged, applies to all mortgages regardless of when they were recorded, the 7th Circuit Court of Appeals ruled Friday.

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Chief justice: courts handling the tough times

The recession has hit Indiana's judiciary just as it has everyone else, but the state's chief justice said record numbers of cases are slamming the courts and the General Assembly can help ease that caseload.

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Court split on burglary tipster issue

A panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police was sufficient by itself to justify a police officer's stop of a juvenile.

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Defendant must prove inability to pay

The defendant bears the burden of proving that he or she wasn't able to provide support at a probation revocation hearing for failing to support dependants, the Indiana Court of Appeals held today.

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Judges rule on custody issues

When modifying custody, the change in circumstances required by Indiana Code doesn't need to be so decisive in nature as to make the change necessary for the child's welfare, the Indiana Court of Appeals ruled today.

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Retired Huntington County judge dies

Retired Huntington Circuit Judge Mark A. McIntosh died Feb. 20 in Fort Wayne. Judge McIntosh, 76, served on the Huntington
Circuit Court for 22 years before retiring in 2007. Before he became a judge, he worked in private practice. Prior to attending
law school, he taught social studies and coached junior varsity basketball at Kendallville High School after he graduated
from Michigan State University. He graduated from Indiana University School of Law in 1962 and was admitted to the bar…

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County immunity in weather-related accident

The Indiana Supreme Court affirmed summary judgment for a county sued as a result of a weather-related accident, holding government liability immunity in steps taken as a result of the weather lasts until at least the weather condition has stabilized.

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Justices vacate life sentence

The Indiana Supreme Court vacated a convicted murderer's sentence of life in prison without parole because the trial court judge didn't have the authority to impose the sentence after the jury failed to reach a unanimous sentencing recommendation. Kyle Kiplinger appealed his sentence of life in prison without parole following his convictions of murder and […]

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SCOTUS declines to take Indiana case

The nation's highest court refused to take an Indiana case involving a national insurance crime bureau worker's claim that he was a federal employee rather than an independent contractor when he helped with the prosecution of an insurance case.

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Magistrate, attorney general bills become law

Magistrates can now be certified as senior judges, and the parents who don't pay ordered child support but gamble at casinos can have their winnings withheld. Those are just two of the many bills Gov. Mitch Daniels has signed into law. The Indiana General Assembly ended its 2010 session March 13, with the fate of the […]

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COA: Storage fees capped per statute

The Indiana Court of Appeals affirmed that the owner of a car involved in a fatal accident must pay storage fees to a towing company, but those fees must be capped at $1,500.

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High court takes sentence-review case

The state's highest court has decided to take a case in which a defendant questioned whether the appellate review of a sentence should consider the suspended portion of a sentence as qualitatively different from the executed portion when determining if a sentence is inappropriate.

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SCOTUS declines death row inmate’s appeal

The nation's highest court has declined to accept a death row inmate's case, leaving intact an Indiana judge's ruling that OK'd a federal prison policy banning face-to-face interviews with reporters.

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Appellate ruling addresses priority rights

In reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.

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Committee action deadline nearing

The Indiana General Assembly's influential judiciary committees have a packed week ahead where both representatives and senators will review a mass of legislation as deadline approaches.

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