Courts

FSSA able to terminate 9-year Medicaid provider contract without cause

April 7, 2014
Marilyn Odendahl
An Indiana Court of Appeals panel unanimously rejected a company’s argument that its state contract was wrongfully terminated. The company argued it has a property interest in continuing to be a Medicaid services provider.
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Judgment for investment advisor upheld as breach, wage claim

April 7, 2014
Dave Stafford
Rulings in favor of an investment adviser who claimed breach of contract and violation of the Wage Claims Act were affirmed Monday by the Indiana Court of Appeals, as was his request for appellate attorney fees.
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Man who sped through construction zone loses appeal

April 7, 2014
Dave Stafford
A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.
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Workshop designed to help educators teach students about the courts

April 7, 2014
Marilyn Odendahl
Teachers from across the state will be getting an up-close view of the judicial system through a one-day workshop hosted by the Indiana Supreme Court and the Indiana Bar Foundation.
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Mom’s one-time meth use does not support CHINS case

April 7, 2014
Dave Stafford
A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.
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Hearing on motion for TRO on marriage statute Thursday

April 7, 2014
Marilyn Odendahl
The multiple challenges to Indiana’s ban on same-sex marriage are picking up steam with the federal court scheduling arguments regarding a temporary restraining order and the state filing a motion to dismiss one of the lawsuits.
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Divided high court affirms DNA unnecessary to establish paternity

April 4, 2014
Dave Stafford
Indiana Supreme Court justices split 3-2 in affirming that DNA evidence is not required to establish paternity.
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7th Circuit affirms 5-year sentence in arson-for-hire

April 4, 2014
Dave Stafford
A woman sentenced to serve five years in prison for recruiting another man to set fire to her home didn’t receive an unjust sentence even though it was three to four times longer than federal guidelines, the 7th Circuit Court of Appeals ruled Thursday.
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Justices uphold ruling for insurer in negligence claim

April 4, 2014
Dave Stafford
Homeowners’ claims after a fire that their insurer was negligent because a policy didn’t fully cover replacement costs was time-barred because the policy limits were discoverable at the time the policy was issued, the Indiana Supreme Court ruled Thursday.
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State seeks further discipline against suspended lawyer Paul Page

April 3, 2014
Dave Stafford
The Indiana Supreme Court Disciplinary Commission has filed a complaint against suspended Indianapolis attorney and developer Paul Page that could result in further sanctions against his law license.
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Former JA boss loses defamation appeal naming FedEx, 500 Festival

April 3, 2014
Dave Stafford
The former head of Junior Achievement of Central Indiana failed Thursday in his bid to reinstate defamation claims against a business and a nonprofit that owned computers from which critical comments about him were posted online.
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Same-sex couple’s bid for recognition expedited due to grave illness

April 2, 2014
Dave Stafford
The chief federal judge in Indianapolis quickly summoned lawyers to address a same-sex couple’s emergency request that Indiana recognize their Massachusetts marriage because one of the women is gravely ill.
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Court upholds Plymouth pay policy challenged by reservist

April 2, 2014
Dave Stafford
The city of Plymouth’s policy on longevity pay withstood a challenge by a police officer who unsuccessfully claimed he was entitled to the full benefit rather than a prorated share for time he spent deployed as a U.S. Air Force Reservist.
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Justices strike down partial consecutive sentences

April 1, 2014
Dave Stafford
Indiana trial court judges do not have discretion to impose partial consecutive sentences, the Indiana Supreme Court ruled Tuesday.
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Wine bar’s programmable cards not subject to tax exemption

April 1, 2014
Dave Stafford
An Indianapolis wine bar’s programmable cards that customers purchase to dispense samples are not subject to resale tax exemption, the Indiana Tax Court ruled Monday.

 
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Man has second chance to get OWI charges dropped

April 1, 2014
Marilyn Odendahl
A Jefferson County man who was brought to court for operating a vehicle while intoxicated more than two years after he was pulled over by police will get another chance to argue that his right to a speedy trial was violated.
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Judge Sarah Evans Barker to take senior status

March 31, 2014
Marilyn Odendahl
After 30 years on the federal bench, Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana has announced her intention to take senior status effective June 30, 2014.
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Court affirms custody modification after mom’s move

March 31, 2014
Dave Stafford
A Vincennes father lost his appeal of a modification of custody order that granted sole physical custody to his child’s mother after she moved 180 miles away to start a new family with her fiancé.
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Three-way opinion affirms marijuana conviction

March 31, 2014
Dave Stafford
Three Court of Appeals judges each wrote opinions but affirmed a Grant County man’s conviction of Class D felony possession of marijuana.
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Judgment for IRS reversed, remanded

March 31, 2014
Dave Stafford
A trial court was not the proper forum to grant summary judgment in favor of the Internal Revenue Service in a dispute over a land contract that had been an issue in a prior bankruptcy case, the Indiana Court of Appeals ruled Monday.
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District Court properly handles expert testimony by non-expert witnesses

March 31, 2014
Marilyn Odendahl
Although neither witness called to testify in a criminal trial was an expert, the 7th Circuit Court of Appeals ruled the District Court did not err by barring the testimony of the defense witness while allowing the statements of the government witness.
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COA affirms denial of additional unemployment benefits

March 31, 2014
Dave Stafford
A woman whose unemployment benefits stopped after 26 weeks was not improperly denied an extension because she continued to work a part-time job of about four to eight hours a week, the Indiana Court of Appeals ruled.
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Contempt affirmed for man suspected of drunken driving

March 31, 2014
Dave Stafford
A man who authorities said refused to comply with a court-ordered blood draw for suspicion of drunken driving was rightfully found in contempt of court, the Indiana Court of Appeals ruled Monday.
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Official misconduct statute focus of Hardy appeal

March 31, 2014
Dave Stafford
Whether Indiana’s official misconduct statute is unconstitutionally vague was the question before an appeals court panel Monday that heard the state argue that criminal charges should be reinstated against the fired head of the Indiana Utility Regulatory Commission.
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Rose-Hulman to honor Muncie native serving on federal bench

March 31, 2014
IL Staff

Federal Judge Robert L. Wilkins will receive an honorary doctorate of engineering degree during the 136th commencement ceremonies on May 31 at Rose-Hulman.

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