Articles

Court affirms felony nonsupport of a dependent conviction

A man claiming he proved he was unable to pay child support because of his numerous incarcerations did not convince the Indiana
Court of Appeals. In its ruling today, the court relied on Becker v. Becker to affirm the man’s conviction
of Class C felony nonsupport of a dependent child.

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1-year limit toll not extended by appeal

The one-year limit to file a motion for relief from judgment under Indiana Trial Rule 60(B) is not from the time an appeals
court rules on the matter, but must be made within one year after the trial court enters its order, the Indiana Court of Appeals
ruled today in an issue of first impression.

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Booking card exception to hearsay rule

A booking card created by law enforcement in the course of a ministerial, nonevaluative booking process is not subject to
the police reports exclusion under Indiana Evidence Rule 803(8), the Indiana Court of Appeals decided today.

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Appeals court rules on corporate subsidiaries case

The Indiana Court of Appeals has ruled against a Bluffton electric company, finding that corporations can’t simply create
subsidiaries internally and declare them separate entities in order to avoid paying higher tax rates under state unemployment
compensation law.

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Judges affirm elevated drug convictions

The state presented sufficient evidence to prove a defendant delivered and possessed methamphetamine within 1,000 feet of
a family housing complex, so the Indiana Court of Appeals affirmed elevating his convictions to a higher felony level.

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Translated transcripts necessary for jury

A trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions
recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.

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Justices dismiss DCS transfer petition

The Indiana Supreme Court has dismissed a transfer petition filed by the Indiana Department of Child Services because the
Indiana Court of Appeals ruled in favor of the DCS.

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Court: refusal to identify law applies to passengers

Although state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis
officers shouldn’t have done arrested a man for refusing to identify himself when there was no reasonable suspicion
he’d done anything wrong.

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COA: negligence claim should go to trial

The Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence
following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.

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COA upholds stop of teen with gun

The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his
waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded
the juvenile court’s comments to the teen’s father don’t require a remand.

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Gaming agents have full police power

A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense
of resisting law enforcement, the Indiana Court of Appeals decided today.

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