Articles

Justices: Refusal to submit to chemical test depends on circumstances of each case

The Indiana Supreme Court declined to go as far as one Court of Appeals judge did in declaring that “anything short of an unqualified, unequivocal assent to a properly offered chemical test constitutes a refusal.” In affirming the administrative suspension of a woman’s driver’s license, the justices concluded that whether someone refuses to submit to a chemical test depends on the circumstances of each case.

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Indiana Supreme Court takes 4th Amendment case

The Indiana Supreme Court took two cases on transfer last week, including whether a police officer was within his community caretaker function when he pulled over a woman after she left a gas station.

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Justices reinstate father’s parental rights

A trial court’s findings do not “clearly and convincingly support” its decision to terminate a father’s parental rights to his son based on it being in the best interests of the boy. In fact, the findings show that the father and son have a bond and often spend time together, the Indiana Supreme Court found Tuesday.

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Justices rule State Farm UIM policy ambiguous

A State Farm auto insurance policy’s language regarding uninsured motorist coverage is ambiguous, the Indiana Supreme Court ruled Tuesday, affirming a Lake Superior trial court’s denial of the insurer’s motion for summary judgment in a personal injury case.

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Justices uphold Jay County teachers’ CBA

In a 4-1 decision, the Indiana Supreme Court affirmed the last best offer made by the Jay School Corp. regarding a collective bargaining agreement for the 2013-14 school year. The teachers took issue with a provision involving the salary of teachers hired mid-school year.

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Indiana Supreme Court disbars Tim Durham

The Indiana Supreme Court disbarred Indianapolis attorney Tim Durham Wednesday because of his “fraudulent looting of funds entrusted to him by investors.” Durham is currently serving a 50-year sentence for 10 counts of wire and securities fraud.

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Senior judge named to replace Willis on bench

It’s a bit of musical chairs in Henry Circuit Court to fill the vacancy Judge Mary G. Willis will create when she leaves July 22 to become the Indiana Supreme Court’s new chief administrative officer.

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