Articles

COA: Parole revocation not unconstitutional

The Indiana Court of Appeals affirmed that the decision to revoke a defendant's parole because he refused to take a polygraph test wasn't based on an impermissible ex post facto application of state statute.

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Court orders mandate for full parole hearing

The Indiana Court of Appeals reversed the dismissal of a prisoner's pro se action for a mandate requiring all five parole board members to vote on his parole eligibility, ruling the prisoner's case was supported by Indiana statute.

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Miscarriage an ‘act’ in intimidation charge

The Indiana Court of Appeals affirmed today a man's conviction of and sentence for intimidation after he threatened his wife, who recently miscarried. The appellate court ruled the miscarriage fulfilled the "act" part of the charge as contemplated by Indiana statute.

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Supreme Court seeking comment on 3 changes

The Indiana Supreme Court is seeking comment on three issues: clarifying what constitutes pro bono work; change of venue; and whether custodial police interrogations should be recorded.

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Officer didn’t conduct investigatory stop

A trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.

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Former justice discusses merit selection

During a visit to South Bend today, former U.S. Supreme Court Justice Sandra Day O'Connor pushed a message that merit selection is the best way to ensure an independent judiciary, though her words come at a time when state lawmakers are close to scrapping that very system in the county she visited.

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Opinion explains use of supplemental evidence

In affirming a trial court's decision to uphold a board of zoning appeals' denial of a petition for a variance, the Indiana Court of Appeals also addressed the trial court's admission of supplemental evidence pursuant to Indiana Code Section 36-7-4-1009.

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Tipton City Court judge dies

Tipton City Court Judge Lewis Daily Harper died Aug. 14 at the age of 85. Judge Harper became city judge in 1997; he also worked as a real estate broker.

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Justices consider ‘costs’ in UPL action

The Indiana State Bar Association wants the state’s highest court to define the term “costs and expenses” as it’s never done before, and in doing so order a company being prosecuted for the Unauthorized Practice of Law to have to pay those fees and disgorge any profits it shouldn’t have made in the first place.Hearing arguments today in State of Indiana, Ex. Rel. Indiana State Bar Association v. United Financial Systems Corp., No. 84S00-0810-MS-551, justices considered an issue of first…

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Opinion invites high court to reconsider decision

The Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound by the high court's previous ruling.

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COA reverses dismissal of drug charges

A trial court erred when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against him as a result of that search, the Indiana Court of Appeals ruled today.

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Man not prejudiced by attorney’s assistance

Even though a defendant's counsel was found to be ineffective based on his "television fantasy" trial strategy, the 7th Circuit Court of Appeals affirmed the District Court denial of his petition for habeas corpus because he didn't show he was prejudiced by his attorney's performance.

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Justices split in granting transfer

The Indiana Supreme Court was split in its decision to deny transfer in a case in which a defendant claimed misconduct by the prosecutor when he read a poem about drugs during voir dire.

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High court splits in hospital negligence suit

The Indiana Supreme Court split on whether a hospital was negligent in letting a woman with injuries possibly caused by domestic violence leave with her alleged abuser, who killed her on the way home after being discharged.

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State wants detailed audit of corruption money

In the first minutes of a federal court hearing Tuesday, U.S. District Senior Judge James Moody told attorneys he wasn't going to order a state-supervised audit of East Chicago's finances, as the Indiana Attorney General's Office was asking. But his stance may have changed. Following five hours of testimony and arguments in the civil racketeering […]

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Minister sues Christian bookstore

A Northwestern Indiana minister has filed a lawsuit against a Christian bookstore claiming racial discrimination when he was told to leave the store and that he would be arrested if he ever returned.

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