Articles

Judges order possession charge dismissed

Relying on United States Supreme Court precedent, the Indiana Court of Appeals has reversed the denial of a man’s motion to suppress marijuana found on him after a traffic stop. The appellate court found the officers did not reasonably believe the man was armed and dangerous to justify the pat down.

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Judges rule on easement dispute

The Indiana Court of Appeals ruled partly in favor of a couple seeking to place a fence along their property line shared with a condominium complex, which would affect the use of a sidewalk by the condo homeowners.

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Justices accept 1 case, deny 9

The Indiana Supreme Court has agreed to hear a first impression case concerning whether a mortgagee on record had an enforceable right under the mortgage.

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Medical malpractice judgment upheld by appellate court

The Indiana Court of Appeals has affirmed the $1.25 million judgment against a gastroenterologist after a patient brought a medical malpractice claim for a missed cancer diagnosis. The judges found the trial court didn’t abuse its discretion in excluding certain evidence.

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Judges affirm 90-year sentence for child molester

The Indiana Court of Appeals found that a child molesting victim’s statement to her grandmother – as testified by the grandmother at trial – should not have been admitted. But, that hearsay reference did not deprive the defendant of a fair trial.

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Trial court erred in instructing jury in negligence case

A divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.

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Evidence doesn’t support enhanced possession charges

Because the state failed to prove that an early training center located near the defendant’s home constituted school property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.

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COA judge applications due May 9

The Indiana Judicial Nominating Commission has announced its timeline for selecting the replacement for Judge Carr Darden, who is retiring this summer from the Indiana Court of Appeals.

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Majority reverses conviction based on meth manufacturing

A divided Indiana Court of Appeals has determined that the state can’t use the amount of manufacturing materials and empty packets of ingredients at a person’s home to prove he was dealing in that substance, without clear evidence the drug would have been produced in that amount.

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Court preserves woman’s day in court despite delays

The Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in court was too harsh.

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Panel disagrees on foreclosure settlement resolution

The Indiana Court of Appeals has ruled that federal law and housing regulations require that deeds in lieu of foreclosure release the borrower from any mortgage obligation, and the mortgage company issuing an agreement can use that federal language in the contract.

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Judges affirm decision in speedy trial claim

A Hendricks County judge did not err in denying a man’s motion that his criminal case be discharged because the state failed to conduct a speedy trial within one year of charges being filed, the Indiana Court of Appeals ruled.

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Court upholds child molester’s no-contact condition

The Indiana Court of Appeals has ruled that a man convicted of two child molesting counts didn’t have his constitutional rights violated because no double jeopardy violation occurred, and the trial judge’s probation condition that he have no contact with anyone younger than 18 is constitutional.

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