Articles

COA rules on parenting time restriction

Indiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during a hearing in which a mother's parenting time was restricted.

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SCOTUS denies cert in Indiana case

The nation's highest court has declined to take an Indiana case asking whether a prisoner suing under the Prison Litigation Reform Act has the right to a jury trial on any debatable factual issue relating to a failure to exhaust administrative remedies.

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Senate gets St. Joe judges bill, with twist

The full Indiana Senate will consider in the next week whether St. Joseph Superior judges should be elected or merit-selected and retained by voters. A Senate committee wants the full legislative body to consider that issue, but with a twist: An amendment has been attached to the controversial House Bill 1491.

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Supreme Court considers MySpace statement

he Indiana Supreme Court today issued an opinion that affirmed a Kosciusko Circuit jury's conviction of a man who murdered
his girlfriend's 2-year-old daughter and the resulting sentence of life in prison without parole. The opinion also considered
the defendant's novel question: whether statements from his social networking Web site, which were presented to the jury
as evidence of his character, were admissible in court.

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COA: Manufactured home subject to law

The Indiana Court of Appeals determined that manufactured mobile homes are subject to Indiana's common law warranty of habitability, so it reversed the grant of summary judgment in favor of a manufacturer in a homeowner's property damage and personal injury complaint.

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COA adopts ‘site-specific’ approach

For the first time, the Indiana Court of Appeals adopted a site-specific approach to rule on an insurance case with multiple policies in several states. The appellate court had been following a uniform-contract-interpretation approach when ruling on choice of law questions in contract actions.

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Consent not defense in battery case

Because consent is not a defense to battery when a deadly weapon is used, the Indiana Court of Appeals affirmed a man's convictions of felony and misdemeanor battery on his girlfriend after branding her with a hot knife and hitting her with a cord.

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Judge suspended for 60 days, no pay

The Indiana Supreme Court has suspended Marion Superior Judge Grant W. Hawkins from the bench for 60 days without pay, though two justices wanted a yearlong penalty while two others wanted a month suspension.

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Agency erred in taxing certain money

The Department of State Revenue erred when it concluded certain money collected from customers of a small, rural telecommunications company were subject to Indiana's utility receipts tax, the Indiana Tax Court ruled Thursday.

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Justices to hear 3 arguments Thursday

The Indiana Supreme Court will hear three cases on Thursday morning, including one that deals with incest confessions to police, and a second involving a police officer's claims for injuries he received while responding to a complaint at a strip club.

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Order affirms delinquent fee waivers

The Indiana Supreme Court issued an administrative order Tuesday allowing the executive secretary of the Indiana Supreme Court Disciplinary Commission and the executive director of the Indiana Commission on Continuing Legal Education to continue to grant waivers to attorneys for delinquent fees and reinstatement fees assessed pursuant to Admission & Discipline Rules 23(21) and 29(7).

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Justices rule on residency-restriction law

The Indiana Supreme Court says the three-year-old state law restricting sex offenders from living within 1,000 feet of where children congregate constitutes an unconstitutional form of retroactive punishment. However, the sex offender who won the appeal has been dead since September 2008.

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Attorney didn’t commit conversion, malpractice

The Indiana Court of Appeals today affirmed the dismissal of conversion and legal malpractice claims filed in LaPorte County against an Illinois attorney following the settlement of a wrongful death claim in Illinois.

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Appeals court rules on payday-loan interest

Even though the Indiana Court of Appeals concluded a business that provides cash advances waived its claim of right to recover for breach of contract, the judges still considered whether the company could recover a payment with more than 300 percent interest tacked on to it.

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Court grants transfer in foreclosure case

The Indiana Supreme Court will consider a mortgage foreclosure case involving whether one of the parties was entitled to a foreclosure decree for equitable real estate liens on an Indianapolis property.

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Judges disagree as to athlete’s eligibility

One Indiana Court of Appeals judge believed his colleagues strayed from the evidence of recruitment and instead focused the family's financial plight when they decided the high school athlete didn't transfer schools primarily for athletic reasons.

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