Articles

COA: Gun admissible under inevitable discovery rule

A gun was admissible as evidence in a battery trial despite its location through an unwarranted search because it inevitably would have been discovered, despite any Fourth Amendment violation, the Indiana Court of Appeals has ruled.

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COA: 82-year-old can return home

The Indiana Court of Appeals reversed a decision by the Delaware Circuit Court that said an elderly woman needed 24-hour care supervision at a nursing facility and allowed her to return home after it found Adult Protective Services did not present sufficient evidence she was involved in a life-threatening emergency.

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COA agrees man’s Ohio convictions don’t support SVF charges

Because the elements of the Ohio residential burglary statute used as the basis to charge a defendant as a serious violent felon in Indiana are not substantially similar to the Indiana statute, the Indiana Court of Appeals affirmed dismissal of the defendant’s SVF charges.

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Majority: Sex offender registration not ex post facto law

The Indiana Court of Appeals upheld the requirement that man convicted of a sex crime in Washington must also register as a sex offender in Indiana, finding the requirement is not an ex post facto punishment under the Indiana Constitution. But one judge disagreed, and would reverse his registration requirement.

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All appellate judges on the ballot retained by voters

Collecting more than a million “yes” votes each, Indiana Justices Steven David and Robert Rucker have been retained in office. David faced opposition from some who disagreed with the majority opinion he authored regarding unlawful police entry into homes.

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Signs of dissent in retention vote

Justice Steven David's Barnes opinion finding no right to resist unlawful police entry results in an unusual ouster effort on an otherwise quiet appellate judicial ballot.

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Judges: State-law claims can proceed

The Indiana Court of Appeals has allowed a woman’s state claim against a sheriff following the suicide of her son in jail to go forward even though she previously had accepted an offer of judgment in District Court on a federal claim.

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Prosecutor’s conduct leads to child-molesting conviction reversal

The Indiana Court of Appeals said a Tippecanoe County man has the right to a retrial on a child molestation charge because the prosecutor inappropriately vouched for the victim’s credibility and had offered to show the victim a transcript of past statements without the teenager asking for that recollection.

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Judges reverse summary judgment for agent, partner

A case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question without the aid of previous interpretations because of a lack of previous caselaw interpreting them.

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Judges reverse denial of motion to suppress

The Indiana Court of Appeals overturned the denial of man’s motion to suppress, finding the traffic stop that resulted in his drunk driving arrest wasn’t supported by reasonable suspicion.

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Competition concludes at finals

Following the We the People: The Citizen and the Constitution mock congressional hearing state finals, which took place Dec. 12-13 for high school students and Dec. 14 for middle school students, organizers announced that a team from Munster High School will represent Indiana at the national competition held in Washington, D.C., in April 2011.

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