Courts

Court of Appeals reverses molestation convictions

February 22, 2012
Jennifer Nelson
The Indiana Court of Appeals has thrown out a man’s convictions of Class A felony child molesting because the trial court erred in admitting improper vouching testimony.
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Appellate court reverses grant of post-conviction relief

February 21, 2012
Jennifer Nelson
The Indiana Court of Appeals found that the post-conviction court erred when it concluded that a defendant had not knowingly waived his right to counsel.
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COA overturns drug conviction

February 21, 2012
Jennifer Nelson
Because there was no evidence presented as to why a defendant was stopped or that the state’s actions were reasonable, the Indiana Court of Appeals reversed a man’s conviction of misdemeanor possession of marijuana.
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COA upholds judgment in favor of employer in wrongful termination suit

February 21, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of the Indiana Department of Insurance in a lawsuit filed by a former employee claiming wrongful termination.
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COA rules on anonymous online commenter case

February 21, 2012
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals has ordered the trial court apply a modified test based on a New Jersey case to determine whether The Indianapolis Star must identify an online user whose comment is part of a defamation lawsuit.
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Small Claims task force meetings begin Wednesday

February 20, 2012
IL Staff
The newly created task force formed by the Indiana Supreme Court to look into the practices and procedures used in Marion County Small Claims courts will hold its first of three hearings Wednesday.
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Judge: facility not exempt from property tax

February 17, 2012
Jennifer Nelson
The Indiana Tax Court has upheld the decision of the Indiana Board of Tax Review that a Tipton County assisted living facility failed to raise a prima facie case that it is exempt from property tax under Indiana Code 6-1.1-10-16.
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Nonsupport of dependent enhancement not based on number of children

February 17, 2012
Jennifer Nelson
The Indiana Supreme Court ruled Thursday that under Indiana Code 35-46-1-5(a), the enhancement of nonsupport of a dependent child to a Class C felony because of an arrearage of $15,000 or more is triggered by the dollar amount owed, regardless of how many children the parent has.
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7th Circuit affirms sentence for sexual involvement with 12-year-old girl

February 17, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced within the correct guidelines range.
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Justice semi-finalist interviews Feb. 23

February 17, 2012
IL Staff
The seven lawyers in the running to be the next Indiana justice will be interviewed by the Judicial Nominating Commission Feb. 23.
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Appellate court upholds man's detainment

February 16, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that he could not have been detained in the hospital for mental health reasons before an application for detention was filed, which occurred after facility security guards restrained him.
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Justices slash amount non-merit state employees can get in back pay

February 16, 2012
Jennifer Nelson
The Indiana Supreme Court has adjusted the time frame for which state non-merit employees who sued for back pay may be able to recover funds. Instead of the period going back some 20 years, the justices decided the non-merit employee’s time period should be the same as merit employees.
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Judges disagree on state's ability to appeal

February 16, 2012
Jennifer Nelson
The Indiana Court of Appeals issued a divided ruling Thursday on whether the state could appeal the denial of its motion to correct error after the trial court granted a defendant’s motion to suppress evidence. The majority decided the state’s appeal should be dismissed as untimely.
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Justices decline Camm prosecutor case

February 16, 2012
IL Staff
The Indiana Supreme Court decided Tuesday it will not disturb the ruling by the Indiana Court of Appeals that Floyd County Prosecutor Keith Henderson can’t be involved in the retrial of David Camm. Camm is set to be tried for a third time for the murders of his wife and two children.
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Justices reformulate jury instruction

February 15, 2012
The Indiana Supreme Court upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of counsel. In doing so, the justices addressed the use and language of a jury instruction and rewrote it to make it clearer.
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Liquids banned from Southern District courthouses

February 15, 2012
IL Staff
Beginning March 1, visitors to any courthouse in the Southern District of Indiana will not be permitted to bring in their own liquids or beverages. The change comes following a recommendation from the United States Marshals Service.
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Justice applicant pool reflective of Indiana

February 15, 2012
Jennifer Nelson
The percentage of women in the semi-finalist group to be the next state justice decreased as compared to the state's population.
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Dollars for donors

February 15, 2012
Jenny Montgomery
9th Circuit Court of Appeals decision raises concerns about bone marrow donation.
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Ruling leads to questions about pregnant women's rights

February 15, 2012
Jenny Montgomery
The Indiana Court of Appeals was asked on interlocutory appeal to determine whether the Marion Superior Court erred in denying bail for Bei Bei Shuai, a woman being held on charges of attempted feticide and murder.
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Indiana Court Decisions Jan. 26-Feb. 8, 2012

February 15, 2012
IL Staff
Read For Publication opinions from Indiana's appellate courts and the 7th Circuit Court of Appeals.
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Disciplinary Actions - Feb. 17-March 1, 2012

February 15, 2012
IL Staff
See who's been suspended and who has received a public reprimand.
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Justices dissent on denying transfer in wage payment case

February 14, 2012
Michael Hoskins
Two Indiana Supreme Court justices disagreed with their colleagues about not taking a case on the state’s wage payment statute, issuing dissent that described how they believe the justices should clear up perceived uncertainty about whether the law can be applied to certain claims before the Indiana Department of Labor.
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Justices rule governor doesn't have to testify in IBM case

February 14, 2012
Michael Hoskins
On the same day it heard arguments, the Indiana Supreme Court reversed a Marion Superior judge’s ruling and held that Gov. Mitch Daniels does not have to testify or be deposed in an ongoing lawsuit over the cancelled contract to modernize the state’s welfare system.
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Task force will examine Marion County's small claims courts

February 14, 2012
Michael Hoskins
A new task force will review the practices and procedures of the nine small claims courts within the state’s largest county, following critical reports last year suggesting litigants may not receive the same access to justice in each court or as parties have in other Indiana jurisdictions.
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Vagueness of policy is grounds for reversal

February 14, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has reversed a District Court’s grant of summary judgment in favor of St. Paul Fire & Marine Insurance Company, holding that the language of its insurance policy creates a question of liability for deductible payments.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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