Articles

Man entitled to commission, but a reduced amount

Because a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his former employer owed him due to draws and set-offs.

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COA extends judicial immunity to arbitrators

The Indiana Court of Appeals affirmed the dismissal of a real estate broker’s action to vacate an arbitration award
to another broker. In doing so, the appellate court extended judicial and quasi-judicial immunity to arbitrators and their
sponsors.

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Justices grant 3 transfers

The Indiana Supreme Court granted three transfers and dismissed one case during its conference late last week, when the justices
examined a total 35 cases that were before them for possible transfer.

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Woman loses bid for new trial, appeals

A Greensburg woman – who said she was wrongfully convicted 14 years ago of an arson that killed her son – has lost her latest bid for a new trial and is now taking her case to the Indiana Court of Appeals.

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State, federal double-jeopardy challenge fails

A man’s claims of federal and state double-jeopardy violations were rejected today by the Indiana Court of Appeals,
which affirmed the trial court in a case involving multiple child pornography videos.

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COA reverses juvenile’s exploitation adjudication

The Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state
didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.

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3-step test needed to balance rights

Indiana’s victim-advocate privilege is limited by a criminal defendant’s constitutional rights, the Indiana Court
of Appeals concluded today on the matter of first impression.

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Town lacked needed consents to annex land

The Indiana Court of Appeals addressed for the first time whether the waiver of the right to object to,
remonstrate against,
or appeal an annexation constitutes “consent” to an annexation under Indiana Code.

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