Courts

Justices order COA to reconsider dismissed termination appeals

October 27, 2014
Jennifer Nelson
In light of a September ruling in which the Indiana Supreme Court held it had jurisdiction to entertain a biological father’s appeal of an adoption, the justices granted transfer and ordered the Court of Appeals to reconsider two cases.
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Judge rejects sentence modification for ex-cop

October 27, 2014
 Associated Press
A southern Indiana judge has rejected a sentence modification for a former police officer convicted of pointing a gun at his girlfriend during a confrontation in front of his two children.
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Acquitted ex-Ind. trooper sues police, prosecutors

October 27, 2014
 Associated Press
A former Indiana State Police trooper acquitted in the slayings of his wife and two children has sued prosecutors, investigators and others for false imprisonment and other counts.
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Judges recognized for service, educational pursuits

October 24, 2014
IL Staff
Indiana Supreme Court Chief Justice Loretta Rush recently recognized 17 judges for their long-time service or completion of educational programs through the Indiana Judicial Center.
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Judges reject property owner’s interpretation of tax sale statute

October 24, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed that the purchaser of property in a tax sale substantially complied with the statutory requirement that the owner of record is notified about the buyer’s intent to petition for a tax deed.
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Simon CEO's bonus reversal still triggers investor suit

October 24, 2014
 Bloomberg News
Seeking to avoid investor litigation, Simon Property Group Inc. earlier this year eliminated a $120 million stock award to Chief Executive Officer David Simon in favor of a performance-based bonus. Now the company and its directors have been sued anyway.
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Student sues Megabus over crash near Indianapolis

October 24, 2014
 Associated Press
A student at Indiana University-Purdue University Indianapolis claiming permanent injuries from a Megabus crash on Interstate 65 is suing the carrier.
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Judge questions $75M NCAA concussion settlement

October 23, 2014
 Associated Press
A federal judge overseeing a first-of-its-kind head injury settlement with the NCAA expressed concerns Thursday about some terms and the scope of the $75 million deal that encompasses all athletes going back decades.
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Democrats push to be on Marion County judge ballot

October 23, 2014
Dave Stafford
Marion County Superior judge elections ruled unconstitutional this month should not proceed Nov. 4 as the current ballot is drawn, according to court pleadings from candidates who were left out of the general election.
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Alternate theories disallowed in trial on 4 deaths

October 23, 2014
 Associated Press
A judge is blocking testimony about other possible suspects during the trial of a man charged with killing four people in a southern Indiana home.
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Man suspected of killing 7 refuses to answer judge

October 23, 2014
 Associated Press
A man who allegedly confessed to killing seven women in Indiana refused to speak or even acknowledge his name to a judge Wednesday, and a sheriff explained later that the suspect was upset his hearing was in open court before dozens of journalists.
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Charges filed in 2nd case in Gary killings

October 22, 2014
 Associated Press
A man who told police he killed seven women in Indiana now faces charges in a second death.
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COA affirms seizure of gun from apartment without search warrant

October 22, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed a man’s misdemeanor handgun charge after finding the police did not need a search warrant to retrieve the gun after the man placed it inside an apartment in view of the officers.
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COA: Bank should be allowed to intervene in foreclosure matter

October 22, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of JPMorgan Chase Bank’s motion to intervene in a homeowners association’s attempt to foreclose on a home to fulfill a judgment. The COA found that the bank did not have actual notice of a pending action against the homeowner in 2007, as the association argued.
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COA: Gas station did not commit spoliation regarding mat

October 22, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a lower court’s decision to not instruct a jury in a personal injury action regarding the spoliation of evidence. Margaret Dawson, the injured party, had ample time to inspect the mat she tripped on before the store replaced it.
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Justices rule on ‘exhaustion rule’ issue

October 22, 2014
Jennifer Nelson
The Indiana Supreme Court tackled issues of first impression Wednesday involving peremptory challenges and removing jurors for cause. The justices held that parties satisfy the “exhaustion rule” the moment they use their final peremptory challenge – regardless of whom they strike.
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Majority reverses termination of incarcerated father’s parental rights

October 22, 2014
Jennifer Nelson
Finding the state did not prove that the parental rights of a man – who learned he was a father while incarcerated pending trial – should be terminated, two of the three judges on a Court of Appeals panel reversed.
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Judges say Circuit split requires clarification from sentencing commission

October 22, 2014
Jennifer Nelson
A panel of judges on the 7th Circuit Court of Appeals affirmed a man’s 117-month prison sentence on drug and weapons charges, but two judges believed the case should have been heard en banc based on the importance of a sentencing issue.
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Court reverses $1,660 attorney fee award in parenting time action

October 22, 2014
Jennifer Nelson
Because there is nothing in the record to show the court considered the resources of the parties when it awarded a guardian $1,660 in attorney fees, the Indiana Court of Appeals reversed Wednesday.
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Daughter’s cheating negates father’s obligation to pay for college

October 22, 2014
Jennifer Nelson
Finding that the “F” a Purdue University student received after her teacher discovered the student plagiarized comments from other students amounted to disciplinary action from the school, the Indiana Court of Appeals upheld the decision that her father no longer had to pay a portion of her school expenses based on a previous court order.
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Officers’ entry into home to chase bloodied dog unreasonable, justices rule

October 22, 2014
Jennifer Nelson
The Indiana Supreme Court ruled Tuesday that drug evidence obtained by police after they entered a home without a warrant to capture an aggressive dog should not have been admitted at the defendant’s trial. The justices held the search violated Article I, Section 11 of the Indiana Constitution.
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Indiana man was violent long before 7 killings

October 22, 2014
 Associated Press
With hindsight, there were signs years ago of increasing violence against women by Darren Vann, who police say has confessed to killing seven women in northwestern Indiana and is scheduled to appear in court Wednesday.
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Indiana responds to convicted ex-officer's appeal

October 22, 2014
 Associated Press
Indiana has responded to a former Indianapolis police officer's appeal of his convictions in a fatal drunken driving crash.
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SCOTUS denial of cases opens door to new same-sex-couple issues

October 22, 2014
Marilyn Odendahl
Now that same-sex marriage is legal in Indiana, the courts will have to settle issues and questions that will arise in other areas, such as family law.
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Attorneys debate impact of reality crime TV shows on the judicial process

October 22, 2014
Marilyn Odendahl
The reality television show “Cold Justice” linked Earl Taylor to the 1975 murder of his first wife, Kathy Taylor. Dennis Majewski, Earl Taylor's attorney, said the TV program carried by the TNT cable network, and a follow-up newspaper article that told viewers the episode was available on YouTube, led him to doubt he could find an untainted jury in Vigo County.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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