Articles

Magistrate advises denial of sheriff’s motions

A magistrate judge has recommended that the Marion County Sheriff's motions to dismiss a complaint against him be denied. A suit was filed following the death of an inmate who didn't receive his needed medicine

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COA: Annexation should have been granted

The Indiana Court of Appeals found that a Circuit Court incorrectly ruled that Muncie failed to meet its statutory burden when trying to annex portions of two residential neighborhoods. The appellate court reversed the finding Muncie's ordinances annexing the land were invalid and the finding the landowners met their statutory burden to oppose the annexation.

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Court upholds preliminary injunction

Hoosier Energy Rural Electric Cooperative has until the end of the year to find a replacement holder for its credit-default swap or an insurance company will be able to collect on the security.

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Purse search violated Indiana Constitution

A majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way it appears it could be holding a gun.

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Supreme Court reverses rape conviction

The Indiana Supreme Court overturned a man's rape conviction because evidence of his 10-year-old conviction of attempted rape of another woman shouldn't have been admitted at trial.

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First impression in ‘non-suspension’ rule case

The Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.

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SCOTUS: Lab techs must testify

A decision today from the Supreme Court of the United States will have an immediate impact on Indiana, where state justices are considering at least two cases about whether lab technicians who've tested evidence in a case must appear on the stand.

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Merit-selection override a possibility

The state’s top executive has rejected the idea of scrapping merit selection in St. Joseph County, but it remains unclear whether lawmakers will attempt to override that veto during a special session.On the final day he had to take action, Gov. Mitch Daniels used his veto power for the third time this session and rejected House Enrolled Act 1491, which called for non-partisan elections to choose the county’s eight Superior judges for six-year terms. It also called for the creation of…

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Fax confirmation creates issue of fact

The 7th Circuit Court of Appeals addressed for the first time in a ruling today the evidentiary significance of a fax confirmation generated by the sender's machine. The Circuit Court determined the fax confirmation is strong evidence of receipt, so the District Court erred in granting summary judgment in favor of a company in an employment-discrimination case.

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Indiana Supreme Court upholds death penalty

The Indiana Supreme Court today upheld the death penalty for a man convicted of killing a woman and her two daughters. In doing so, the high court re-evaluated its stance on what it means when a jury fails to recommend a sentence.

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Worker’s entire service decides FMLA eligibility

In an issue of first impression, the majority of Indiana Supreme Court justices ruled an employee filling multiple positions with the same employer is eligible for leave under the Family and Medical Leave Act if the employee’s total service is sufficient to qualify, even if the service in either position alone doesn’t qualify.

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Court: ALJ’s ruling had several errors

Finding an administrative law judge's decision to deny a woman's claim for disability benefits contained several significant errors, the 7th Circuit Court of Appeals vacated the District Court's affirmation of the denial and remanded the case to the Social Security Administration.

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Court to take landlord-tenant insurance query

The Indiana Supreme Court has accepted a certified question from a federal judge, and will now consider a state law issue that it hasn't before: whether a tenant is considered a co-insured under a landlord's fire insurance policy if there's no express agreement saying otherwise.

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Changes coming to Child Support Rules

An order issued by the Indiana Supreme Court today amending the state's Child Support Rules and Guidelines caused two justices to dissent in part over worries a change may alter precedent.

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