Articles

COA: Arbitration agreements in investment case enforceable

After a married couple that filed a complaint against their retirement investors for significant decreases in investment funds appealed a trial court order to compel arbitration, the Indiana Court of Appeals concluded arbitration agreements between the parties were enforceable and subject to the Federal Arbitration Act.

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Justices: Motel room used for sting operation was not ‘place of detention’

The Indiana Supreme Court has upheld the admission of incriminating statements made in a motel room during an undercover drug investigation after finding the motel room was not a “place of detention” requiring an electronic record of the statements. The court also created a test for analyzing whether a location can be considered a “place of detention” under Indiana Evidence Rule 617.

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SCOTUS agrees to hear Indiana civil forfeiture challenge

A lawsuit challenging Indiana’s civil forfeiture procedures will be heard by the United States Supreme Court after the justices granted a writ of certiorari to a case that a national legal organization says will have significant implications on Eighth Amendment protections nationwide.

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COA discourages interlocutory appeals of CHINS status changes

The Indiana Court of Appeals affirmed on interlocutory appeal a change the permanency plan for two children from reunification to termination of parental rights while also cautioning that such trial court rulings are “generally not suitable for interlocutory review.”

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Lack of inmate program recommendation no issue on appeal, COA rules

A man sentenced to six years in prison for battering his father lost his argument on appeal that the trial court failed to recommend him for participation in a substance abuse treatment program. Placement in such programs are left to the discretion of the Department of Correction, the court noted.

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Gary man facing death in slayings of wife, 2 kids loses PCR bid

A Gary man sentenced to death for killing his wife and two teenage stepchildren has lost his latest attempt to overturn his conviction – a post-conviction relief petition. Lake Superior Judge Samuel Cappas and Magistrate Judge Natalie Bokota determined in a ruling issued Friday that Kevin Isom of Gary failed to establish he had ineffective counsel at his murder trial or during the appeals process.

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Appeals court hears suit from owner of dog killed by DNR trap

While walking her dogs through Versailles State Park one unseasonably warm afternoon in December 2011, Melodie Liddle heard her 9-year-old beagle, Copper, yelping after becoming caught in a hidden raccoon trap. The Court of Appeals is weighing the state’s liability in the case and whether Liddle’s complaint is time-barred.

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