April 16, 2010
Michael HoskinsThe Indiana Supreme Court has upheld a decision by the state Worker's Compensation Board dismissing an injured trucker's
claim, finding the employee's settlement with a third-party driver voided whatever responsibility the company had on the
issue.
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April 16, 2010
Michael HoskinsThe Indiana Court of Appeals today declined to ignore a year-old precedent from the state's highest court about sex offender
registration, finding that the ruling still applies to cases where an offender once signed a plea agreement requiring him
to follow lesser registration requirements.
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April 16, 2010
Michael HoskinsIf a hospital or provider loses records so that a patient can't pursue a medical malpractice case, the Indiana Court
of Appeals says state law allows that person to pursue a separate civil action for spoliation of evidence.
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April 15, 2010
Michael HoskinsThe Indiana Supreme Court has upheld its own law enforcement practices, but leaves those of Alabama's police and judiciary
out in the cold.
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April 15, 2010
Jennifer NelsonIn an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on
unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries
he sustained while employed with a transportation company.
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April 15, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a defendant's convictions of battery and resisting law enforcement, and disorderly
conduct because the jury wasn't properly instructed about the man's defense of the right to reasonably resist unlawful
entry into his home.
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April 14, 2010
Rebecca BerfangerThe Indiana Court of Appeals has ruled today on another case filed by a New Castle Correctional Facility inmate who had filed
at least 50 civil actions.
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April 14, 2010
Michael HoskinsThe Indiana State Bar Association has won an unauthorized practice of law action against an estate planning services company,
but wasn't able to completely sway the state's highest court that all "costs and expenses" should be completely
granted for the prosecution of the case.
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April 13, 2010
Michael HoskinsIn deciding whether a father's child support requirement should be modified or ended, the Indiana Court of Appeals refused
to adopt new reasoning that any child attending college could be deemed emancipated if that child didn't live in the custodial
parent's home.
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April 13, 2010
Michael HoskinsThe 7th Circuit Court of Appeals has issued its take on an ownership dispute over a classic 1979 Porsche on display at the
Indianapolis Motor Speedway Foundation's Hall of Fame Museum.
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April 12, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed today a defendant's conviction of carrying a handgun without a license because
the circumstantial evidence doesn't support that the man had the requisite intent to constructively possess the gun.
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April 9, 2010
Jennifer NelsonInconsistent, contradictory, or irreconcilable jury verdicts in criminal cases aren't available for appellate review,
the Indiana Supreme Court held Thursday.
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April 9, 2010
Jennifer NelsonThe Indiana Supreme Court upheld a man's sentence of life in prison, noting the defendant's numerous opportunities
to reform, but that he continued to commit crimes.
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April 7, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals found sufficient evidence to uphold a Muncie man's convictions stemming from his burning
of a cross in front of the home of a family with biracial children.
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April 2, 2010
Michael HoskinsThe 7th Circuit Court of Appeals has reversed an Indianapolis judge's decision on a death penalty case, putting a condemned
convict's death penalty appeal on hold indefinitely because of his current mental state.
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April 2, 2010
Michael HoskinsThe 7th Circuit Court of Appeals has affirmed an Indiana District judge's decision that an employee on family medical
leave doesn't accrue those hours for benefits and can be fired for violating attendance policies.
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April 1, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence.
The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to
prove her drug use when she repeatedly refused to submit to drug testing.
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March 31, 2010
Jennifer NelsonIn a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support
order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether
a court has the authority to reach into an intact marriage and order a party to pay child support to the other.
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March 31, 2010
Michael HoskinsIn 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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March 30, 2010
Jennifer NelsonWhen modifying custody, the change in circumstances required by Indiana Code doesn't need to be so decisive in nature
as to make the change necessary for the child's welfare, the Indiana Court of Appeals ruled today.
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March 30, 2010
Jennifer NelsonThe Indiana Court of Appeals revised a defendant's sentence for rape and other convictions, but it may not have been what
the man had in mind when he appealed. In a rare move, the Court of Appeals increased his sentence by 25 years.
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March 26, 2010
Jennifer NelsonA trial court erred in finding that a company was bound by its insurance agency's acts even though the agency
acted against the company's wishes, the Indiana Court of Appeals ruled today.
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March 25, 2010
Jennifer NelsonThere is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction
or repossession of a private party, according to an Indiana Court of Appeals judge.
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March 25, 2010
Jennifer NelsonA plea of no contest can be admitted under Indiana Evidence Rule 803(8) as a public record proving the fact of a conviction,
the Indiana Court of Appeals affirmed today. The appellate court found no error in admitting a defendant's nolo contendere
plea to a Florida murder as proof he was convicted of an offense qualifying him as a serious violent felon.
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.