Articles

Rush, David dissent in denial of appeal after joint mistrial request rejected

A man’s conviction in a domestic battery case after both defense and prosecution asked for a mistrial because a relative of the defendant communicated with a juror outside court will stand after the Indiana Supreme Court in a 3-2 decision chose not to hear the appeal. Chief Justice Loretta Rush and Justice Steven David published a dissent, believing the defendant had been prejudiced and was entitled to a new trial.

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Plaintiffs in RTFA dispute ask Indiana Supreme Court for review

Neighbors to an 8,000-head hog farm are asking the Indiana Supreme Court for relief, arguing Indiana’s Right to Farm Act does not give blanket immunity to all negligence and trespass claims. Martin Richard and Janet Himsel and Robert and Susan Lannon have filed a petition to transfer their complaint over a concentrated animal feeding operation near their farms in Hendricks County.

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Admission of parents’ drug tests upheld in TPR case

Parents who objected to the admission of drug tests in their termination of parental rights hearing were unable to convince the Indiana Court of Appeals that their children would not be affected by their drug use. The panel affirmed removal would be in the children’s best interests.

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