Articles

COA: University should get summary judgment

The Indiana Court of Appeals ruled in favor of the trustees of Indiana University, finding the trial court erred when it denied summary judgment for the school and concluded a provision in an agreement between the school and a fired professor was ambiguous.

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COA to webcast more arguments

The Indiana Court of Appeals has announced plans to webcast most oral arguments in the Court of Appeals courtroom in the Statehouse.

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COA: Policy doesn’t cover car in accident

The Indiana Court of Appeals ruled in favor of an insurance company in a suit seeking compensation for damages by the insured's grandson after a car accident. The appellate court also used the opinion to remind counsel of the rules for filing appendices.

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Indiana Northern District judge dies

U.S. District Judge Allen Sharp in the Northern District of Indiana died at his home Friday, ending more than 30 years on the federal bench. He was 77. A notice of his death was posted on the Northern District of Indiana’s Web site Friday. Appointed to the federal bench Oct. 11, 1973, by President Richard Nixon, Judge Sharp took the bench that following month and served until taking senior status in November 2007. He was the fourth longest-serving active District judge in…

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High court rules on issue preclusion in tax case

In an opinion handed down March 6, the Indiana Supreme Court had to decide whether a previous ruling barred the Indiana Department of Revenue from raising new contentions in support of a different method of allocation of income to the state.

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COA: State must prove violation of statute

The Indiana Court of Appeals addressed for the first time today whether under Indiana Code Section 35-48-4-16(b) a defendant only has the burden of placing the issue in question where the state's evidence hasn't done so.

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First impression on residential entry issue

Since a man who had permission to be in his ex-girlfriend's garage did not have permission to be in her house, he committed residential entry as a Class D felony when he kicked in her locked kitchen door to use the phone.

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COA: Firefighter’s e-mail didn’t harm department

A firefighter shouldn't have been fired for his e-mail commenting on the financial situation of the township's fire department because the e-mail didn't impact the effectiveness of the department, the Indiana Court of Appeals ruled today.

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Indicted judge to be suspended

The Indiana Commission on Judicial Qualifications has filed a notice with the Indiana Supreme Court for a request of suspension of LaPorte Superior Judge Jennifer Koethe, who was indicted Thursday for attempted obstruction of justice stemming from a shooting incident at her home in December.

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Appeals court expansion bill stays alive

Legislation that would create a new sixth panel for the Indiana Court of Appeals is moving through the legislative committee cycle, even though lawmakers doubt it will pass this session. The Senate Judiciary Committee met this morning and discussed Senate Bill 35, which proposes an additional appellate judge panel for the first time since 1991. […]

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Town court judge publicly admonished

The Indiana Commission on Judicial Qualifications issued a public admonition of the Walkerton Town Court judge today for employing his wife as court clerk for more than 10 years and for participating in an ex parte conversation with a defendant about her traffic infractions.

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COA: ‘Serious deficiency’ in treating mentally ill

A panel of the Indiana Court of Appeals used an opinion today to highlight what it considered a “serious deficiency” in the statutes for the treatment of developmentally disabled and mentally ill people in the state’s criminal courts. “Simply said, the Indiana statutory framework allows courts to recognize the mental illness of a criminal defendant only in terms of guilt for the crime alleged, rather than as a condition that prevents the defendant’s ability to form a punishable intention to…

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