Courts

COA orders trial court to comply with Trial Rule 59 in custody case

March 3, 2017
Olivia Covington
A Putnam Superior Court must reconsider a motion to correct error on a child custody modification motion, the Indiana Court of Appeals held Friday, because the trial court did not provide a reason for granting the motion to correct.
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Justices reverse suppression of man’s admission to driving under the influence

March 3, 2017
Olivia Covington
The Indiana Supreme Court has reversed a motion to suppress evidence of a man’s admission to driving under the influence at a sobriety checkpoint, holding that the brief and public nature of the checkpoint did not require police officers to give the man a Miranda warning.
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After rehearing, COA reaffirms judgment in favor of Barnes & Thornburg

March 2, 2017
Olivia Covington
After granting a rehearing to adopt a previous holding by the Indiana Supreme Court, the Indiana Court of Appeals Thursday reaffirmed a lower court’s grant of summary judgment in favor of Barnes & Thornburg LLP on a legal malpractice claim.
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Justices consider whether arrest after filing can halt expungement

March 2, 2017
Dave Stafford
Indiana Supreme Court justices focused on the phrase “upon receipt” in analyzing whether an expungement must be granted to a qualified petitioner. But they also puzzled over whether the Legislature would have intended the second-chance statute to extend to people who have subsequent run-ins with the law.
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COA: Trial court can hear complaint stemming from bankruptcy proceedings

March 2, 2017
Olivia Covington
The Indiana Court of Appeals has instructed the Delaware Circuit Court to hear a case stemming from the sale of interests in a bankruptcy proceeding after determining that the trial court has jurisdiction over the complaint.
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DNA tests show imprisoned Indiana man didn't commit '92 rape

March 2, 2017
 Associated Press
A central Indiana man who's spent nearly a quarter-century in prison is seeking to have his rape conviction vacated after DNA tests show he wasn't the assailant.
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Defendant who requests right to speak should be allowed to speak, COA rules

March 2, 2017
Olivia Covington
A Marion County woman will be given an opportunity to urge the court not to revoke her placement in a work release program after the Indiana Court of Appeals held Thursday that the trial court had violated her right to allocution by refusing to let her speak.
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Indiana woman says she smothered kids to death to save them

March 2, 2017
 Associated Press
An Indiana woman told detectives she smothered her two young children to death because she feared they would be tortured by members of a drug cartel, newly released documents show.
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Supreme Court sets argument at Rucker’s high school

March 1, 2017
IL Staff
One of Justice Robert Rucker’s final arguments as member of the Indiana Supreme Court will be a Lake County case heard at his high school alma mater in Gary.
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IU Maurer taps federal judge criticized by Trump for visitor's board

March 1, 2017
Marilyn Odendahl
A federal judge who was the target of President Donald Trump’s verbal attack has been appointed to the Board of Visitors at the Indiana University Maurer School of Law.
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Supreme Court revives challenge by black voters in Virginia

March 1, 2017
 Associated Press
The U.S. Supreme Court gave new life Wednesday to a challenge by African-Americans in Virginia who say lawmakers packed some legislative districts with black voters to make other districts whiter and more Republican.
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Lawyer: Experts say man who beheaded son ready for release

March 1, 2017
 Associated Press
A lawyer in Virginia Beach, Virginia said experts believe her client is ready to be released from a Virginia psychiatric hospital where he was sent after decapitating his 5-year-old son and saying he was trying to save the boy from the Antichrist.
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Indiana Senate OKs abortion bill on parental notification

March 1, 2017
 Associated Press
Pregnant minors would be unable to obtain an abortion without at least attempting to notify their parents under a measure that cleared the Indiana Senate Tuesday.
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Hogsett's criminal justice center could cost $575 million

March 1, 2017
Hayleigh Colombo, IBJ Staff
Indianapolis Mayor Joe Hogsett’s administration on Tuesday estimated that its proposed new jail, courthouse and intervention center would cost between $565 million and $575 million.
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COA reverses Purdue voyeurism conviction

February 28, 2017
Olivia Covington
A man convicted of voyeurism in a Purdue University sorority house has had his convictions reversed, though the Indiana Court of Appeals held Tuesday that the man could be retried.
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Court of Appeals reverses felony possession of handgun conviction

February 28, 2017
Olivia Covington
The Indiana Court of Appeals has reversed a man’s felony firearm conviction after finding that a protective sweep performed in his apartment after his arrest was improper.
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Attorneys optimistic Ivy Tech case will extend Title VII protections

February 28, 2017
Marilyn Odendahl
Although the 7th Circuit Court of Appeals is still wrestling with the question of whether Title VII protections extend to lesbian, gay and bisexual individuals, Lambda Legal is confident a favorable decision will come even if the question has to ultimately be settled by the U.S. Supreme Court.
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COA: Adverse possession gives farm owner title to Boone Co. property

February 28, 2017
Olivia Covington
The Indiana Court of Appeals has ruled that a farm owner is the legal title holder of a disputed 61-foot-wide portion of a Boone County property, holding that the doctrine of adverse possession gives him the title.
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COA affirms damages award to state, but reduces total amount

February 28, 2017
Olivia Covington
The state of Indiana was entitled to more than $1 million in costs and treble damages after a township auditor criminally misappropriated funds, the Indiana Court of Appeals held Tuesday, though it reduced the total amount of damages owed to the state.
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COA reverses modification of child support order

February 28, 2017
Olivia Covington
The Indiana Court of Appeals has reversed the modification of a child support ordering, finding that there were no substantial and continuing circumstances to justify the change.
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Appellate court rules teen's pending cases should be in adult court

February 28, 2017
Olivia CovingtonMore

Hate-crime bill pulled before Senate vote

February 28, 2017
Marilyn Odendahl
The only hate crime bill that was sent to the Senate floor for a vote was pulled by the author yesterday after a proposed amendment from a Republican senator split support for the measure and led to the conclusion that reaching a consensus would be too difficult.
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Southern District to ‘borrow’ judges to ease judicial emergency

February 28, 2017
IL Staff
Two Wisconsin district court judges will begin lending their services to the Hoosier state Wednesday as part of a pilot partnership designed to ease the caseloads of the judges of the U.S. District Court for the Southern District of Indiana, consistently ranked among the 10 busiest federal district courts.
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Pence asks Supreme Court to keep some governor emails secret

February 28, 2017
 Associated Press
Vice President Mike Pence is asking the Indiana Supreme Court to let him keep secret some documents emailed to him while he was the state's governor.
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Ex-IU student ethics employee sentenced in child porn case

February 28, 2017
 Associated Press
A former employee of Indiana University’s Office of Student Ethics has been sentenced after pleading guilty to possession of child pornography.
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