Articles

COA hears challenge to Johnson County public defender system

As a statewide task force begins the process of analyzing deficiencies in Indiana’s indigent defense services, a group of Johnson County criminal defendants sought to keep alive a lawsuit against their court-appointed public defenders. The defendants Thursday urged the Indiana Court of Appeals to reinstate their suit alleging ineffective assistance of counsel before their cases have concluded.

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Civil Rights Commission’s $96K discrimination award upheld

The Indiana Court of Appeals has upheld a nearly $100,000 judgment in favor of a black man who claims he was subject to discriminatory practices by his former employer after ruling the Indiana Civil Rights Commission’s finding in favor of the man was not invalid or void.

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Gov. Holcomb files appeal in Bloomington annexation dispute

Gov. Eric Holcomb is turning to the Indiana Court of Appeals after the Monroe Circuit Court denied the governor’s motion to dismiss a lawsuit filed by the city of Bloomington over an annexation dispute. Special Judge Frank Nardi issued a stay Dec. 4 on further court proceedings pending an interlocutory review.

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COA: Charter school suit requires tort claim notice

An Indiana trial court properly granted summary judgment in favor of a charter school organizer under the Indiana Tort Claims Act because an organizer and charter school jointly make up the statutory definition of a “charter school,” the Indiana Court of Appeals ruled Monday. The appellate panel also upheld the constitutionality of classifying a charter school as a “governmental entity.”

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COA: Divorcing husband has no claim on wife’s trust

An Indiana trial court correctly determined that a woman’s interests in discretionary family trusts are too remote and speculative to be included in the marital pot as part of her dissolution proceedings, the Indiana Court of Appeals ruled Thursday.

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COA: Trial court must impose probation fees for felonies

The Marion Superior Court must hold an indigency hearing and correct its failure to impose probation fees on a man convicted of a felony after the Indiana Court of Appeals determined Thursday that state statute requires the imposition of probation fees for felony convictions.

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Sellersburg clerk-treasurer loses appeal for second deputy

The Sellersburg clerk-treasurer who sought a mandate requiring the town board to give her funds for a second deputy clerk has lost her appeal of the denial of her request. The Indiana Court of Appeals determined state statute gives the legislative body oversight over the number of deputy clerks.

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COA: Paroled man convicted in Florida not entitled to habeas relief

An Indiana man released on parole and later arrested in Florida was not entitled to a writ of habeas corpus or credit time in Indiana because Indiana authorities never discharged his parole and “turned him over” to their Florida counterparts, the Indiana Court of Appeals ruled Tuesday.

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State employees now blow whistle at own risk

A ruling by the Indiana Supreme Court that held the state cannot be sued under the whistleblower act has left some attorneys concerned for taxpayers and inspired at least one elected official to seek to change the law. But the ruling has not discouraged the state employee who started the fight.

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COA upholds dismissal of petition to open estate

An Indiana trial court properly applied district court precedent to determine that a claim for violation of a deceased man’s constitutional rights cannot be considered an asset in the deceased’s estates, the Indiana Court of Appeals ruled Tuesday.

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COA: Landlord must close on sale of rental property

A Hendricks County landlord must close on the sale of her property to a tenant after the Indiana Court of Appeals ruled Tuesday there was no breach of a lease agreement preventing the enforcement of an Option to Purchase Real Estate Agreement.

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