Articles

Appeals court reverses its decision on partition fences

A divided Indiana Court of Appeals overturned an earlier decision Thursday, finding residents that border a property where a man wants to build fences to keep his cattle in must help fund the fences because they are partition fences and fall under Indiana Code 32-26-9.

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Opinions May 5, 2016

7th Circuit Court of Appeals
United States of America v. David A. Resnick
14-3791
United States District Court for the Northern District of Indiana, Hammond Division. James T. Moody, judge.
Criminal. Affirms David Resnick’s convictions of aggravated sexual abuse of a minor, interstate transportation of child pornography, brandishing a firearm in furtherance of a crime of violence and being a felon in possession of a firearm. Finds admission of Resnick’s refusal to take a polygraph test into evidence does not violate his Fifth Amendment rights, and the evidence was sufficient to uphold his firearm conviction. Judge Baurer dissents.

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COA: Sentence appropriate for officer involved in deadly accident

The Indiana Court of Appeals upheld a police officer’s sentence for reckless homicide and criminal recklessness inflicting serious bodily injury after he crashed into a car while under the influence of hydrocodone and Xanax. The crash killed a man in the other car and severely injured his wife, who was nine months pregnant. Rebecca Sperry […]

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FDA brings e-cigarettes under federal authority

Hundreds of electronic cigarette brands will have to undergo federal review to stay on the market under new rules that have the potential to upend a multi-billion dollar industry attempting to position itself as an alternative to traditional cigarettes.

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Opinions May 4, 2016

Indiana Court of Appeals
Scott Schuck v. State of Indiana
73A01-1507-CR-981
Criminal. Reverses decision and remands to trial court to determine amount of investigatory expenses law firm representing Schuck should get after COA found investigation was necessary even though Schuck pleaded guilty after trial began.

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