Articles

Boy can’t sue for lack of probable cause

The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.

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What the ACLU of Indiana is tracking

he ACLU of Indiana is keeping an eye on bills that have been introduced this session and is anticipating others that could be introduced, including those that will affect due process, First Amendment rights, reproductive rights, voting rights, Second Amendment rights, and rights based on gender identity and sexual orientation, among other issues covered by the U.S. Constitution and Bill of Rights.

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COA sets standard in parental rights cases

In addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial judges must offer findings of fact in those types of cases just as they're required to by law for children in need of services cases and grandparent visitation matters.

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COA: annexed parcels must touch each other

The Indiana Court of Appeals reaffirmed today that Indiana requires that an annexation ordinance applies only to solid, unbroken areas of land. This issue arose in an annexation dispute between two northern Indiana towns.

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Court hears state voter ID case

The Indiana Supreme Court on Thursday morning sharply questioned attorneys about the state's five-year-old voter identification law, debating whether the requirements impose an unconstitutional burden on some voters who can't obtain the necessary photo ID.

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Justices: Agreement was impermissibly modified

A LaPorte Superior judge made an impermissible modification to a divorced couple's settlement agreement by giving the bank's lien on the family farm priority over the ex-wife's lien, the Indiana Supreme Court ruled today.

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COA rules on service of summons issues

The Indiana Court of Appeals addressed service of summons issues in foreclosure actions in two decisions today, finding the servicing parties needed to do more to ensure the recipients actually get notice.

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COA split on impact of jury instruction omission

One Indiana Court of Appeals judge dissented from his colleagues' decision to grant a new trial based on the lack of a jury instruction on robbery because he didn't think the defendant was prejudiced by the omission.

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Judge blocks DCS rate changes for now

A federal judge in Indianapolis has temporarily blocked the Indiana Department of Child Services from reducing the amounts
it pays to foster and adoptive parents and juvenile-service providers.

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Legislature’s end suspenseful for legal community

As the Indiana General Assembly got down to its final hours in a short-session, significant changes for the Hoosier legal community were on the table to possibly increase the number of appellate judges, change how one county chooses its trial judges, and impact how juveniles can be placed outside the state.

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COA rules against voting-systems company

The Indiana Court of Appeals affirmed a lower court order denying an electronic voting systems company's petition for stay on an order prohibiting it from marketing, selling, or leasing voting systems in Indiana for 18 months.

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High court rules on prisoners issues

The Indiana Supreme Court handed down two opinions Wednesday in which the high court expressly adopted the "prison mailbox rule" and determined a majority of the Indiana Parole Board constitutes the full parole board when making final decisions.

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