Articles

7th Circuit to hold memorial for Judge Evans

The 7th Circuit Court of Appeals and the United States District Court for the Eastern District of Wisconsin will hold a joint memorial ceremony for Senior Judge Terence Evans at 4 p.m. Sept. 23 at the Ceremonial Courtroom of the Milwaukee Federal Courthouse.

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Man not prejudiced by counsel’s deficient performance

The Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to the defendant was really his, the man couldn’t show he was prejudiced.

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Appeals court: Federal judge should decide on state law claims

The 7th Circuit Court of Appeals has sent a case back to an Indianapolis judge, saying she didn’t properly weigh whether the case should be prolonged on remand to Hamilton Superior Court instead of her deciding on the issues that have already been fleshed out in federal court during the past year and a half.

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Judge reduces death sentences to life without parole

If he’d had the ability more than three years ago to factor in a jury’s deadlocked view on the death penalty, a southern Indiana judge says he would have imposed life without parole rather than the death penalty for a man convicted of triple murder.

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COA: Suit against sewer district isn’t a public lawsuit

The Spencer Circuit Court erred in finding a lawsuit filed by property owners challenging the requirement they connect to a new sewer system is a public lawsuit and the property owners must pay $9 million in bond to proceed with the suit, the Indiana Court of Appeals ruled Tuesday.

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Court rules on duty of care for healthy trees in residential areas

The Indiana Court of Appeals has reiterated its stance that urban or residential area landowners have a duty to take reasonable precautions regarding their own trees, healthy or otherwise, and make sure they don’t harm a neighbor’s property based on the size and where they are planted.

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COA applies sports injury conduct rule

Less than three months after the Indiana Supreme Court issued a decision about sports injury cases, the state’s intermediate appellate court is now applying the new rule regarding how liability should be determined.

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AG: DCS out-of-state placements shouldn’t be reviewable by courts

An Indiana Supreme Court decision upholding three statutes relating to juvenile judges’ authority on out-of-state placement cases created what the state attorney general’s office calls too much confusion, and the justices should revisit the ruling it made a little more than a month ago.

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Judges order hearing on unemployment benefits

A man, whose request for a continuance in a hearing regarding his unemployment benefits was denied by an administrative law judge, is entitled to a hearing on the matter, the Indiana Court of Appeals ruled Thursday.

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