Courts

Theft conviction reversed based on lack of evidence

April 10, 2015
Jennifer Nelson
A man accused of stealing a rangefinder from a southern Indiana Rural King had his conviction reversed Friday by the Indiana Court of Appeals. The judges concluded there was insufficient evidence to support Jeremy Middleton’s conviction.
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Man’s affidavit entered after final order requires reversal of summary judgment

April 10, 2015
Jennifer Nelson
A trial court abused its discretion when it did not allow a set of parents to introduce the affidavit from their son, who allegedly suffered a brain injury from an attack, after he was able to remember the night of the incident. The affidavit was submitted shortly after a final judgment was entered in their lawsuit against the alleged attacker.
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COA revises sentence for molestation of stepson

April 10, 2015
Jennifer Nelson
The Indiana Court of Appeals found sufficient evidence as well as no errors by the trial court in affirming five molestation convictions of a man involving his stepson. But, the judges believed his nearly 100-year sentence needs revised.
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Tax Court puts certain ESPN records under seal

April 10, 2015
Jennifer Nelson
Because the records ESPN Productions Inc. seeks to keep from public disclosure in its appeal of taxes assessed against it contain trade secrets, the Indiana Tax Court on Thursday granted the company's request to put most of records at issue under seal.
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AIT, former execs rack up nearly $5M in legal costs

April 10, 2015
IBJ Staff, J.K. Wall
AIT Laboratories and its former executives have already incurred nearly $5 million defending themselves against charges by the U.S. Department of Labor that AIT founder Michael Evans sold the company to its employees at an inflated price.
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Reporter subpoenaed to testify, give notes in murder case

April 10, 2015
 Associated Press
A reporter for a northern Indiana newspaper has been subpoenaed to testify and turn over interview notes and recordings as part of story she wrote about a homicide investigation.
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Sotomayor says US Supreme Court gets politicized by others

April 10, 2015
 Associated Press
U.S. Supreme Court Justice Sonia Sotomayor says any sense that the court is political comes from outside groups, not the justices themselves.
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Change of venue denied for man charged in woman's death

April 10, 2015
 Associated Press
A southwestern Indiana judge has rejected a change of venue request for a man charged in the death of a pregnant Sullivan woman.
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Indiana school district will appeal teacher firing ruling

April 10, 2015
 Associated Press
A southern Indiana school district is appealing a federal court ruling that it violated a teacher's rights when he was fired in 2013.
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Judges divided over whether man can belatedly appeal infraction

April 9, 2015
Jennifer Nelson
The majority on the Indiana Court of Appeals concluded that a man challenging a traffic infraction could challenge it on belated appeal, but the dissenting judge believed broadening the post-conviction rules would put additional strain on limited judicial resources.
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Split court reinstates guilty but mentally ill verdict

April 9, 2015
Jennifer Nelson
The Indiana Supreme Court on Wednesday concluded that based on circumstantial evidence, a jury could have reasonably found a northern Indiana man guilty but mentally ill of attempted murder, despite testimony from experts that the man was insane at the time of the 2004 shootings.
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COA now recording select 'Appeals on Wheels' arguments

April 9, 2015
IL Staff
When the Indiana Court of Appeals hits the road to hear arguments, some of those will now be recorded and archived online.
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Justices order more proceedings on fees owed to law firm

April 9, 2015
Jennifer Nelson
The Indiana Supreme Court noted that a trial court did not take into account caselaw when it denied an Indianapolis firm’s request for quantum meruit relief.
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Special review panel advances Indy justice center plan

April 9, 2015
Kathleen McLaughlin, IBJ Staff
Indianapolis City-County Council Democrats are getting nearer to their most difficult vote of the election year, as their own adviser tells them that a new criminal justice facility – however it’s built – could cost the city more money than expected down the road.
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Dzhokhar Tsarnaev convicted in Boston Marathon bombing

April 8, 2015
 Associated Press
A federal jury found Dzhokhar Tsarnaev guilty Wednesday in the 2013 terror attack that killed three people and wounded more than 260.
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COA: IURC improperly approved utility’s 7-year plan

April 8, 2015
Jennifer Nelson
In the appeal of the Indiana Utility Regulatory Commission’s decision to approve rate increases requested by a northern Indiana utility group under a new statute, the Indiana Court of Appeals concluded the commission erred in approving a seven-year plan that only gave specifics about year one.
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Court declines to interfere in former pastor’s breach of contract suit

April 8, 2015
Jennifer Nelson
A Greensburg pastor who filed a complaint against his former church after they terminated his contract was not able to prove to the Court of Appeals that the courts could review his claims without reference to either church law or doctrine.
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Court affirms amount of heroin attributable to defendant

April 8, 2015
Jennifer Nelson
A man convicted of conspiracy to distribute heroin could not convince the 7th Circuit Court of Appeals that the trial court incorrectly found him to be responsible for buying and selling at least 1,040 grams of heroin over a six-year period.
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Known loss doctrine bars claim against insurers

April 8, 2015
Jennifer Nelson
The insurers of a company that purchased property it knew was contaminated are not required to defend or indemnify the company regarding the Indiana Department of Environmental Management’s remediation action, the Indiana Court of Appeals concluded Wednesday.
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New criminal code not applicable to offenses committed prior to enactment

April 8, 2015
Jennifer Nelson
The Indiana General Assembly explicitly stated that the revised criminal code does not apply to penalties, crimes or proceedings that began before the effective date of July 1, 2014, so a man is not entitled to be sentenced under the more-favorable criminal code, the Indiana Court of Appeals ruled.
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Man sues ex-sheriff, others over probe of his father's death

April 8, 2015
 Associated Press
The son of a central Indiana man whose death was originally ruled a suicide is suing a former sheriff, a county coroner and four deputies who investigated his death.
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Former Indiana nose doctor to serve probation in Florida

April 8, 2015
 Associated Press
A former northwestern Indiana nose surgeon who pleaded guilty three years ago to 22 counts of health care fraud after disappearing while vacationing in Greece will be allowed to serve the remainder of his probation in Florida.
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Supporters: Justice Center needed now, will boost downtown Indianapolis

April 8, 2015
Dave Stafford
Representatives of legal, business and labor organizations said the proposed Marion County Criminal Justice Complex is a long-delayed and necessary development that would employ thousands and pump up downtown Indianapolis by vacating outdated jail and court facilities.
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Judging how Indy elects judges

April 8, 2015
Dave Stafford
The 7th Circuit Court of Appeals posed tough questions for the state’s defense of the pay-to-play, power-sharing system of judicial slating in Marion County.
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Courts will have a central role in interpreting Indiana's amended RFRA

April 8, 2015
Marilyn Odendahl
Even before Gov. Mike Pence signed Senate Enrolled Act 101, even before the firestorm of protests started and the nation turned its attention to Indiana, the Religious Freedom Restoration Act appeared to be on its way to court.
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