Articles

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Gun seizure case presents first impression issue

A man whose 51 guns were ordered seized by a judge who determined him dangerous after his behavior alarmed Bloomington police near the site where missing Indiana University student Lauren Spierer was last seen is asking the Indiana Supreme Court to return his firearms.

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COA addresses first impression issue regarding education under civil rights law

The Indiana Court of Appeals – with one judge reluctantly doing so – affirmed a decision by an administrative law judge that found a religious organization unlawfully retaliated against a family by expelling them from the homeschooling group. The expulsion occurred after the family sought a dietary accommodation for their teenage daughter at a social event and later filed a complaint with the Indiana Civil Rights Commission.

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Bankruptcy ruling locks out insiders

A recent bankruptcy appeal tossing an Indianapolis shopping center’s reorganization plan further establishes that the control of equity in Chapter 11 cases will be subject to competitive bidding and that insiders might be out of luck.

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COA answers first impression issue on custodial statements

A defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t available at trial as required by Indiana Evidence Rule 617.

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Car’s color alone doesn’t support traffic stop

In a matter of first impression in the 7th Circuit Court of Appeals and federal courts, the judges were asked to consider whether a discrepancy between the observed color of a car and the color listed on its registration alone gives rise to reasonable suspicion of criminal activity.

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Judges affirm criminal recklessness conviction

Someone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals held in a first impression case.

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Agency erred in adjusting experience account rates after merger

The Indiana Court of Appeals has ordered the Department of Workforce Development to reinstate the original contribution rates for unemployment insurance experience accounts of a parent company and its subsidiaries. The DWD should not have combined the accounts and adjusted the rates following a merger.

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Statute granting DCS immunity applies to nearly all of family’s claims

A case involving the Department of Child Services before the Indiana Court of Appeals Wednesday provided the court with two issues of first impression – the interpretation of a statute relating to the agency, and the liberty interests that may reside with extended family members involved in the lawsuit.

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Trial court erred in excluding evidence of mediation communications

Even though the trial court erred in excluding an ex-husband’s offer of evidence of communications during a settlement agreement following his divorce to establish a mistake occurred in drafting the agreement, the error was harmless, the Indiana Court of Appeals ruled. This case raised an issue of first impression regarding whether communications during mediation can be used as extrinsic evidence.

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Tort law case tests boundaries of ‘duty’

The Indiana Court of Appeals recently issued an opinion that answered some complicated questions about the point at which one person assumes a “duty” to another. But the panel did not reach a consensus, with one judge writing that the majority opinion could have a negative impact on public policy.

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Divided court affirms liability in ‘courtesy wave’ case

In a case of first impression, the Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a motorcyclist injured in a crash. One judge disagreed with the majority decision, stating the opinion is contrary to sound public policy.

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COA rules on anonymous online commenter case

In a case of first impression, the Indiana Court of Appeals has ordered the trial court apply a modified test based on a New Jersey case to determine whether The Indianapolis Star must identify an online user whose comment is part of a defamation lawsuit.

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High court takes 2 cases

The Indiana Supreme Court has taken a counterfeiting case and a case involving credit time that presents an issue of first impression, according to its latest transfer order.

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