Articles

Dinsmore sworn in as magistrate

Mark J. Dinsmore took the oath today to become the U.S. District Court, Southern District of Indiana’s newest magistrate judge. Magistrate Judge Dinsmore was sworn in by Chief Judge Richard L. Young at the Birch Bayh Federal Building and United States Courthouse in Indianapolis.

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Judges: DNA admittance was harmless error

The Indiana Court of Appeals addressed for the first time today the admissibility of DNA evidence when a defendant can’t be excluded from a possibly infinite number of people matching the crime-scene DNA.

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Justices vacate adoption decree

The Indiana Supreme Court ordered the adoption decree granted to paternal grandparents be vacated because they didn’t perform a diligent search for the biological mother.

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7th Circuit order changes wording in public-records opinion

In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”

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COA divided on dismissal of OWI charges

The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.

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Justices split on imprisonment for violating probation

The state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion handed down Wednesday afternoon.

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Appellate court to hear arguments in Fishers

The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.

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Court splits on duty owed by independent contractor

An Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an “impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was injured.

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Social-services recipients entitled to injunctive relief

The Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana Court of Appeals ruled Friday.

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Court orders attorney’s fees following bad faith appeal

The Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to the estate.

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