Courts

Judges divided on retrial for voluntary manslaughter

February 24, 2017
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals reversed a man’s conviction of voluntary manslaughter, which the state chose to charge him with after he shot and killed his brother-in-law in what he claimed was self-defense.
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Toddler’s testimony supports adjudication as a delinquent

February 24, 2017
Marilyn Odendahl
Despite the three-year-old’s questionable testimony at a hearing, the Court of Appeals affirmed her stepbrother’s adjudication as a delinquent child because she never wavered when recounting the molestation.
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COA affirms sentence for man who violated drug court rules

February 24, 2017
Marilyn Odendahl
A man who repeatedly violated the rules and regulations of a drug court program failed to convince the Indiana Court of Appeals his ensuing advisory nine-year sentence was inappropriate.
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Judges reverse resisting law enforcement conviction

February 24, 2017
Olivia Covington
The Indiana Court of Appeals has overturned a man’s resisting law enforcement conviction after finding that the police officer’s actions justified the man’s resistance.
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COA affirms denial of motion to suppress traffic stop evidence

February 24, 2017
Olivia Covington
A Lawrence County woman cannot appeal the trial court’s denial of her motion to suppress drug evidence obtained during a traffic stop because the officers who stopped her had a reasonable suspicion to do so.
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COA reverses judgment in favor of law firm in legal malpractice case

February 24, 2017
Olivia Covington
A legal malpractice case against a northern Indiana law firm will proceed after the Indiana Court of Appeals held Friday that there was a genuine issue of material fact as to whether the litigant’s original negligence claim would have succeeded but for the firm’s negligence.
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COA orders return of bond balance

February 24, 2017
Olivia Covington
The Indiana Court of Appeals has reversed a Fayette Circuit Court decision to hold the balance of a man’s bond in trust after finding that Indiana law prohibits courts from holding bonds in trust for public defender fees not yet incurred.
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COA rules aggravating factors support consecutive sentences

February 24, 2017
Marilyn Odendahl
A man who tried multiple times to get his sentence overturn was unsuccessful when the Indiana Court of Appeals found the precedent he was relying on was materially different from his situation.
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Supreme Court could decide transgender case. Or not.

February 24, 2017
 Associated Press
Both the transgender teen who sued to use a boys' bathroom and the Virginia school board that won't let him still want the U.S. Supreme Court to issue a definitive ruling in their ongoing dispute, even after the Trump administration retreated from an Obama-era policy on bathroom use.
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Justice Ginsburg praises media and the role of free press

February 24, 2017
 Associated Press
Supreme Court Justice Ruth Bader Ginsburg is praising the media at a time when the Trump administration has accused reporters of being dishonest and delivering "fake news."<
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4 charged in death of 9-year-old boy with cerebral palsy

February 24, 2017
 Associated Press
A judge entered not guilty pleas Thursday on behalf of four people charged with neglect in the death of a malnourished 9-year-old western Indiana boy with cerebral palsy.
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Attorneys of man accused of eating girlfriend say he's not competent for trial

February 24, 2017
 Associated Press
Attorneys for a southern Indiana man accused of killing his former girlfriend and eating parts of her body in 2014 say he's not competent to stand trial.
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Justices question meaning of EBITDA in HHGregg manager bonus case

February 23, 2017
Olivia Covington
After a key member of HHGregg’s leadership team died in 2012, his $40 million life insurance policy was paid out to the company and brought that year’s total earnings to $143.5 million. Now, senior managers on the HHGregg team say they should receive bonuses based on the total 2012 earnings, claiming that the life insurance policy propelled the company to an earnings level that warranted extra compensation for their work.
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Trump's immigration crackdown likely to bring lawsuit flood

February 23, 2017
 Bloomberg News
President Donald Trump’s plan to round up and deport millions of undocumented immigrants is likely to trigger waves of lawsuits that may soon dwarf the legal fight over the administration’s temporary ban on travelers from seven Muslim majority countries.
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Supreme Court hears Spirited Sales liquor wholesaling case

February 23, 2017
Olivia Covington
The fate of Spirited Sales LLC’s liquor wholesaling license is in the hands of the Indiana Supreme Court as the justices consider whether allowing the company to keep its permit would enable its parent company, Monarch Beverage Co., to gain an unlawful monopoly in the alcohol wholesaling business.
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High court ruling limits international reach of patent laws

February 23, 2017
 Associated Press
The Supreme Court of the United States on Wednesday sided with California-based Life Technologies Corp. in a patent infringement case that limits the international reach of U.S. patent laws.
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Justices side with Michigan girl in dispute over service dog

February 23, 2017
 Associated Press
The Supreme Court of the United States on Wednesday sided with a 13-year-old Michigan girl with cerebral palsy who spent years battling school officials for the right to bring her service dog — a goldendoodle named Wonder — to class.
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Indiana Senate panel advances restrictive abortion bill

February 23, 2017
 Associated Press
An Indiana abortion bill meant to strengthen parental rights would require notifying parents when a daughter under the age of 18 pursues legal action to obtain an abortion without their consent.
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COA: Theories presented to trial court in med-mal cases were presented to review panels

February 22, 2017
Olivia Covington
After finding that evidence of disputed medical malpractice theories in two cases were presented to the medical review panels in each, Indiana Court of Appeals has reversed summary judgment in favor of a health care provider in one case but is allowing the provider in the other to present evidence related to a subsequent malpractice theory against him.
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State appeals triple-murder conviction reversal to US Supreme Court

February 22, 2017
IL Staff
A man’s murder convictions vacated in a habeas decision by the en banc 7th Circuit Court of Appeals should be reviewed by the United States Supreme Court, the Indiana Attorney General’s Office says.
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Man ruled competent to stand trial in officer's slaying

February 22, 2017
 Associated Press
A man accused in the fatal shooting of an Indianapolis police officer has been found competent to understand the charges against him.
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Man’s forgery convictions for bogus check affirmed

February 22, 2017
Dave Stafford
A man who tried to pass a bogus check for $2,248.33 at two Marion grocery stores failed to persuade an appellate panel to reverse his convictions because of insufficient evidence. He argued in part his conviction shouldn’t stand because the stores had no video cameras.
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Despite inadmissible testimony, molestation conviction affirmed

February 22, 2017
A trial court erred in allowing evidence of a defendant’s alleged prior bad acts at his child molestation jury trial, but based on other corroborating evidence, the admission was harmless, the Indiana Court of Appeals ruled Wednesday.
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Divided full 7th Circuit allows inmate death case to go to trial

February 22, 2017
Olivia Covington
A woman whose son was found dead in an Indiana Department of Correction facility can now take her case to trial after a divided en banc 7th Circuit Court of Appeals reversed summary judgment in favor of the health care providers who treated her chronically ill son.
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Defendant’s testimony makes admission error harmless

February 22, 2017
Marilyn Odendahl
Although unauthenticated videos and photos showing a defendant appearing to make methamphetamine should not have been admitted at trial under the silent-witness theory, the Indiana Court of Appeals found the error was harmless because of the defendant’s own testimony.
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