Articles

Technology erases need for ‘ancient document’ rule

A longstanding yet rarely invoked federal rule of evidence allowed the admission of an “ancient document” if it was more than 20 years old and appeared to be authentic. However, in an age when decades-old information is easily accessible electronically, a review committee has concluded the exception could be abused.

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Agreement means what it says, COA rules

While the Indiana Court of Appeals conceded the severance agreement was “not a model of precision,” it disagreed with a trial court’s conclusion that the agreement contained a mistake.

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7th Circuit divided over appeal from death row inmate

A split 7th Circuit Court of Appeals denied an inmate on Indiana’s death row a chance for a new trial, finding the exclusion of a witness’s videotaped interview which could have possibly exonerated him was inadmissible as hearsay.

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Opinions Aug. 13, 2015 ILD

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: A.B., Jr., (Child), and K.T. (Mother), v. The Indiana Department of Child Services (mem. dec.)
49A04-1501-JT-22
Juvenile. Affirms termination of parental rights.

Joel Williams v. State of Indiana (mem. dec.)
18A02-1408-PC-554
Post conviction. Affirms denial of post-conviction relief.

Jaime Carr v. State of Indiana (mem. dec.)
49A02-1502-CR-81
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Craig Leonard Strand v. State of Indiana (mem. dec.)
45A03-1410-CR-370
Criminal. Affirms conviction of Class D felony battery resulting in serious bodily injury.

Lori L. Cobb v. State of Indiana (mem. dec.)
03A01-1502-CR-73
Criminal. Affirms revocation of probation.

 

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Opinions Aug. 13, 2015

7th Circuit Court of Appeals
Wayne Kubsch v. Ron Neal, superintendent, Indiana State Prison
14-1898
Appeal from the U.S. District Court, Northern District of Indiana, South Bend Division
Chief Judge Philip Simon
Criminal. Affirms denial of Kubsch’s habeas corpus petition. Majority rules the exclusion of testimony by neighbors which could have exonerated Kubsch was hearsay and, therefore, not admissible. In a dissent, Chief Judge Diane Wood argues the testimony should have been admitted under Chambers v. Mississippi, 410 U.S. 284 (1973).

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Divided COA panel reverses modification of support

A judge who ordered a modification of child support after a father told the court he was moving out of state and intended to seek custody of a minor child acted prematurely, a Court of Appeals panel majority ruled Thursday.

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Pence authorizes hiring 113 new DCS caseworkers

Governor Mike Pence Thursday announced the authorization of 113 additional Department of Child Services caseworkers to meet the demand caused by increased cases across the state. DCS will present its annual report to the State Budget Committee Friday.

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Opinions Aug. 12, 2015 ILD

Indiana Court of Appeals

Cecil J. Black, Jr. v. State of Indiana (mem. dec.)
71A03-1406-PC-211
Post conviction. Affirms denial of post-conviction relief.

Maria Martha Caceres v. State of Indiana (mem. dec.)

36A01-1412-CR-518
Criminal. Affirms convictions of Class B felony neglect of a dependent resulting in serious bodily injury and Class B misdemeanor battery.

In the Matter of the Adoption of E.D., K.R. v. A.D.S. and A.S. (mem. dec.)

82A01-1412-AD-520
Adoption. Affirms denial of motion for relief from judgment.

David M. Jones v. State of Indiana (mem. dec.)

48A02-1410-PC-731
Post conviction. Affirms denial of post-conviction relief.

Sollie Nance v. State of Indiana (mem. dec.) 

49A02-1501-CR-12
Criminal. Affirms conviction of Class A misdemeanor theft.

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Opinions Aug. 12, 2015

Indiana Court of Appeals
Fifty Six LLC, individually and, alternatively, in the name of the State of Indiana on relation of Fifty Six LLC v. The Metropolitan Development Commission of Marion County
49A05-1407-PL-323
Civil plenary.  Reverses and remands denial of landowner Fifty Six LLC’s motion to correct error and granting of the development commission’s cross motion for summary judgment regarding the adoption of the Millersville Plan to guide development of a northeast-side Indianapolis community. Fifty Six had standing to challenge the Millersville plan and the MDC did not comply with required notice and hearing provisions before the hearing on the Millersville Plan’s adoption. Remanded for proceedings.

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