Articles

COA limits credit restrictions for some child molesters

The Indiana Court of Appeals ruled Wednesday that defendants who plead guilty to lower-level felony counts of child molesting are not subject to good-time credit restrictions, even if they do not dispute allegations of molestation that would subject them to loss of credit time.

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Sentence for ‘recidivist drunk driver’ affirmed

A southern Indiana man’s five-and-a-half-year sentence for his conviction as a habitual vehicular substance offender was affirmed by the Indiana Court of Appeals, which called him “a recidivist drunk driver whose behavior has been undeterred by his prior contacts with the criminal justice system.”

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Judge’s revocation of plea deal, longer sentence affirmed

A man convicted of negligence resulting in the death of this 3-month-old son lost his appeal Wednesday, failing to show that a judge erred in revoking his plea agreement before sentencing, which led to a longer sentence when he was convicted after a trial.

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Judgment for lender in student loan case reversed

A Warrick County man won his appeal in a student loan dispute after the Indiana Court of Appeals determined the alleged holder of his son’s student loan failed to prove it was entitled to an $18,000 summary judgment ruling.

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COA reinstates New York judgment against Indiana business

The Indiana Court of Appeals has reversed a decision to set aside judgment in favor of a New York company serving as a creditor to an Indiana business, finding Indiana law regarding cognovit notes cannot supersede the Full Faith and Credit Clause in a dispute over a New York judgment.

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Appeals court remands HOA dispute over limo parking

A Hamilton County dispute between a local couple and their homeowners association over the parking of limousines used in a business will return to the trial court after the Indiana Court of Appeals determined the trial court’s final order was based on erroneous findings.

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Supreme Court releases report on Commercial Courts amid challenge

Coinciding with the halfway point for the three-year Commercial Courts Pilot Project that faces a pending constitutional challenge, the Indiana Supreme Court has released a report on the six participating courts. More than half the cases were filed in Marion County, and three courts have had 10 or fewer cases filed.

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Supreme Court remands habitual offender case considering recent decisions

The Indiana Supreme Court has remanded an appeal of a Dearborn County habitual offender enhancement considering two opinions addressing habitual offender findings, a move that comes as the Indiana General Assembly seems poised to pass a bill that would more narrowly define how out-of-state felonies should be treated when considering sentencing enhancements.

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Divided COA reverses delinquency finding after school discipline

A divided Indiana Court of Appeals panel has reversed a delinquency finding against a high school student who vandalized school bathrooms, with each judge writing separately to share their views on how the increased presence of police officers in schools can impact the nature of school disciplinary proceedings.

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COA upholds denial of alcohol license to strip club

An Indianapolis strip club will no longer be able to serve alcohol after the Indiana Court of Appeals upheld the denial of the renewal of the club’s alcohol license, finding the premises had become a public nuisance.

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