Articles

Court split on if lab tech must testify

The state's highest court was split in its ruling on whether the failure of a lab technician who processed DNA evidence to testify at a man's trial violated his Sixth Amendment rights.

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Justices rule in favor of cup manufacturers

The manufacturer defendants in a suit claiming defects in their measuring cup caused the death of a 9-year-old boy are entitled to summary judgment, the Indiana Supreme Court affirmed today.

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Tax Court sidesteps first-impression issue

Although the Indiana Tax Court had the opportunity to address an issue of first impression, it decided to save its analysis of the issue for another day because the case could be resolved on other grounds.

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Court: Don’t assume undue influence by child

The Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent.

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Military-leave suit targets law firm

The U.S. Department of Justice says an Indianapolis law firm wrongfully refused to re-employ a staff attorney who'd returned from serving in Iraq as a member of the Indiana Army National Guard.

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Appellate court rules statute not unconstitutional

The presumption found in Indiana Code Section 9-30-10-16, which governs driving while privileges are suspended, isn't unconstitutional because it doesn't shift the burden of proof from the state, the Indiana Court of Appeals ruled today.

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Supreme Court amends more rules

The Indiana Supreme Court has amended various rules of court, including admission and disciplinary, alternative dispute resolution, and appellate procedure rules.

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SCOTUS: Elected judges must step aside

Elected judges must recuse themselves in cases where large campaign contributions from interested parties create an appearance of bias, the nation's highest court ruled today.

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Transfer sought in compulsive gambling case

Arguing that common law should protect anyone intentionally harmed by someone else, an Evansville attorney is asking the Indiana Supreme Court to consider a case of first impression in which he contends a compulsive gambler was targeted and taken advantage of by a casino, resulting in her loss of $125,000 in a single night.

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SCOTUS: Plaintiffs can sue drug companies

The U.S. Supreme Court says pharmaceutical companies can be sued in state court over alleged drug effects, even if the Food and Drug Administration has approved the medication and its warning label.

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First impression for habitual offender statute

In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant's prior conviction for conspiracy to deal in cocaine qualified as a conviction for dealing in cocaine under the state's habitual offender statute.

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Judges disagree as how to review sentence

A panel of Indiana Court of Appeals judges affirmed today that a defendant's sentence following a guilty plea wasn't inappropriate, but the judges didn't agree as to how to reach that conclusion.

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Hearing didn’t consider all statutory factors

In a modification of physical custody case, the Indiana Court of Appeals remanded for further proceedings because the trial court was required to hear evidence on and consider all of the factors listed in Indiana Code Section 31-17-2.2-1(b).

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Court issues judgment in absentee ballot case

The Marion Circuit Court has outlined the required procedures for dealing with the county's absentee ballots following a suit that accused the Marion County Election Board of not following statute.

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