Articles

7th Circuit affirms ruling for maker in IUD liability case

The 7th Circuit Court of Appeals ruled against a woman suing a company for product liability after a piece of her implanted birth control device broke during its removal and was left inside her uterus. The decision upheld a ruling for the device maker in federal district court.

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Word ‘upon’ leads COA to toss obstructed-windshield conviction

A man’s infraction conviction for violating a windshield-obstruction law was thrown out Thursday by the Indiana Court of Appeals, which held that the plain meaning of the statute meant he couldn’t be convicted despite trash, clothes, food and other items piled from the floor to the ceiling of his vehicle.

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COA remands fire case for spoliation of evidence evaluation

A swimming pool manufacturer did not intentionally spoliate evidence after a fire destroyed its uninsured warehouse facility in Wolcott, but an appeals panel sent its case against a power company back to the trial court to determine the appropriate remedy, if any, for negligent spoliation.

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COA affirms denial of motion to suppress drug evidence

A man found slumped over a steering wheel who later admitted to possessing methamphetamine and marijuana has lost his appeal of the denial of his motion to suppress the evidence against him. The Indiana Court of Appeals found the seizure of the man was constitutionally permissible.

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Indiana collecting more DNA samples after new law

A new Indiana law is adding thousands of new samples to the state’s DNA database. The Indiana State Police lab has had an average of 4,200 DNA samples tested each month this year through March, up from 1,100 a month last year.

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COA: Gun admissible under inevitable discovery rule

A gun was admissible as evidence in a battery trial despite its location through an unwarranted search because it inevitably would have been discovered, despite any Fourth Amendment violation, the Indiana Court of Appeals has ruled.

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COA rejects missing witnesses argument in murder appeal

A man convicted in a Marion County drug-related murder has lost his appeal of his conviction after the Indiana Court of Appeals determined the trial judge was not required to admonish the jury about the absence of two witnesses without a request from the parties.

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Divided COA finds evidence of prior bad acts harmless

A majority of the Indiana Court of Appeals has upheld a Howard County man’s drug convictions and sentence, finding any error in the admission of evidence of prior bad acts was harmless. The dissent, however, provided a lengthy history of state and federal caselaw to highlight why she believed the error was prejudicial.

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COA upholds admission of syringe into evidence

Lawrence County law enforcement officials were justified in conducting a stop that led to the discovery of a used syringe, thus making it acceptable for the trial court to admit the syringe into evidence, the Indiana Court of Appeals has ruled.

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