Articles

Darmstadt apartment zoning approval splits appellate court

A controversial proposed apartment complex in the Vanderburgh County community of Darmstadt is poised to proceed after a divided panel of the Indiana Court of Appeals upheld the trial court’s rejection of two petitions contesting the zoning board’s approval.

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Nonsupport case divides COA on right to be present

The Indiana Court of Appeals affirmed a father’s sentence for failing to pay child support when it found he failed to meet his burden of proof. However, the court split on whether the defendant had a right to be physically present at his sentencing.

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Affirming juvenile DOC placement, COA seeks effective counsel guidance

A 15-year-old who had multiple instances of violent rage and who could no longer be controlled by his parents was properly placed in the Department of Correction, an Indiana Court of Appeals panel found. But judges also used the case to ask the Indiana Supreme Court for guidance on measuring the effectiveness of counsel in similar juvenile cases.

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‘Repugnant’ teacher’s 21-year molest sentence affirmed

A Seymour Middle School math teacher lost his appeal and will serve the 21-year sentence imposed by the trial court for grooming and molesting a student whose parents say she was “broken” by the experience. One Court of Appeals judge wrote he might have added years to the teacher’s sentence, had the state asked.

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COA: Causation questions remain in med-mal suit

A woman initially treated for an aggressive form of cancer, only to later discover she was suffering from a far-less serious form of the disease, can proceed with her lawsuit against a doctor she alleges was negligent in catching her cancer early.

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Justices take intoxicated motorist case that divided COA

The Indiana Supreme Court will decide whether any answer short of an “unqualified, unequivocal assent” to a chemical test constitutes a refusal resulting in a driver’s license suspension, as the Indiana Court of Appeals concluded in September.

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Court erred in dividing husband’s accounts

The Indiana Court of Appeals agreed with a man that a dissolution court’s valuation and division of his pension and deferred tax savings plan was incorrectly calculated, but rejected his other claims stemming from his divorce.

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Erroneous jury instruction leads to DWI conviction reversal

A jury instruction given at a man’s drunken-driving trial resulted in fundamental error because it contained a constitutionally impermissible evidentiary presumption, the Indiana Court of Appeals concluded. As such, the court reversed the man’s conviction.

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COA affirms murder conviction

The Indiana Court of Appeals found the state presented sufficient substantive evidence to establish that a man killed his sister’s boyfriend while staying in her apartment.

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