Courts

Vet: Unjust civil commitment 'takes everything' away

April 8, 2015
Dave Stafford
A Marine Corps veteran is trying to put his life back together after he was wrongly committed when a court found him gravely disabled and dangerous. His case before the Indiana Supreme Court recently reformed the requirements necessary to deprive the liberty of someone with mental illness.
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7th Circuit decision provides 'well-reasoned test' for standard exclusion provision

April 8, 2015
Marilyn Odendahl
When construction on a mixed-use development project in Missouri ran short of money and eventually stopped, the “standard exclusion” included in many title insurance policies came before to the 7th Circuit Court of Appeals for another review.
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Magistrate opening in Allen County

April 7, 2015
IL Staff
Allen Superior Court has announced an opening for a magistrate in the criminal division.
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Enhancements for different offenses are permissible

April 7, 2015
Marilyn Odendahl
A drunken driver handed a stiff sentence for repeated offenses was unable to convince the Indiana Court of Appeals his penalty was an improper double enhancement.
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Convicted murderer who claims innocence loses PCR appeal

April 7, 2015
Dave Stafford
A man convicted of a 1993 murder in southern Indiana was not wrongly denied post-conviction relief on his argument that his lawyer was ineffective for failing to recommend he take a plea deal, among other things.
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One test enough to uphold methamphetamine conviction

April 7, 2015
Marilyn Odendahl
Despite a second test not being conducted to confirm the presumptive findings, a Cass County man’s drug conviction was upheld after the Indiana Court of Appeals found the state had established reliability of the test performed.
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Reversal: Bank’s refiled foreclosure 'disingenuous,' 'improper'

April 6, 2015
Dave Stafford
A bank won summary judgment in a refiled mortgage foreclosure suit against a bankrupt couple after its first complaint was dismissed, but the Indiana Court of Appeals slapped down the trial court ruling Monday and dismissed the case.
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Court: NYC woman can serve divorce papers via Facebook

April 6, 2015
 Associated Press
Social media continues to make headway into the legal system. A judge has given a New York City woman permission to file for divorce from her elusive husband via a Facebook message.
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Nineteen counties split nearly $243K in family court grants

April 6, 2015
Dave Stafford
Family courts around Indiana will receive $242,911 in grant money to support projects, the Indiana Supreme Court announced Monday. A total of 19 counties will each receive grants of $4,000 to $35,000.
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Man gets life sentence for Waynesville quadruple murder

April 3, 2015
 Associated Press
A southern Indiana man found guilty in the deaths of a couple and two of their friends has been sentenced to life in prison without possibility of parole.
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7th Circuit grills state over Indy judge election system

April 2, 2015
Dave Stafford
As Indiana endured the harsh national glare from the Religious Freedom Restoration Act controversy this week, Indianapolis’ pay-to-play, power-sharing system for electing Marion Superior Court judges was on trial in Chicago.
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Man's trial in deadly blast unlikely until mid-2016

April 2, 2015
 Associated Press
Prosecutors say the trial for a man who's one of four suspects in a deadly Indianapolis house explosion will likely be delayed until at least mid-2016.
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Advocate says Indiana woman's sentence for feticide alarming

April 2, 2015
 Associated Press
An Indiana woman received a 20-year sentence in the death of her premature infant, a punishment the head of a national advocacy group called cruel and a misuse of the state's feticide law.
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Tax Court affirms ruling in favor of KinderCare on educational exemption

April 1, 2015
Jennifer Nelson
The Indiana Board of Tax Review did not err when it determined property on which a KinderCare Learning Center sits qualified for an educational purposes exemption for the 2009 tax year, the Indiana Tax Court ruled Wednesday.
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7th Circuit affirms Outlaws members’ convictions, remands over suspicionless search condition

April 1, 2015
Jennifer Nelson
Three members of the Indianapolis Chapter of the Outlaws Motorcycle Club lost their appeals before the 7th Circuit Court of Appeals Tuesday, however, the judges did decide that one man’s probation condition needs further consideration.
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5 arrested in protest inside US Supreme Court

April 1, 2015
 Associated Press
Protesters disrupted Supreme Court of the United States proceedings Wednesday for the second time this year with shouted criticism of the court's previous rulings on campaign finance.
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Indy could be short $37M on justice center financing, analysis says

April 1, 2015
Kathleen McLaughlin, IBJ Staff
Indianapolis Mayor Greg Ballard's promise of financing a new justice center through operational savings is overblown, according to an analysis by the Indianapolis City-County Council.
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Federal court rejects Dearborn judges' immunity defense

March 31, 2015
Marilyn Odendahl
A deaf man’s discrimination lawsuit against three judges in Dearborn County can proceed according to a March 30 ruling in federal court.
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COA reverses ruling in favor of couple who kept alpacas in residential area

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a Lake County court erred when it denied the county’s request for an injunction to prevent a couple from keeping alpacas on their property to raise for business purposes.
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SCOTUS sides with Idaho in Medicaid pay dispute

March 31, 2015
 Associated Press
Private health care providers cannot sue to force states to raise their Medicaid reimbursement rates to keep up with rising medical costs, the Supreme Court of the United States ruled Tuesday.
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Court finds railroad’s arguments over dam don’t hold water

March 31, 2015
Jennifer Nelson
Because a railroad company failed to prove there are no genuine issues of material fact regarding its defense to a breach of covenant claim against it concerning the maintenance of a dam, the Indiana Court of Appeals reversed summary judgment in its favor and remanded for further proceedings.
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Indiana man convicted in 2 killings to get life in prison

March 31, 2015
 Associated Press
A northern Indiana man is set to spend the rest of his life in prison without parole for the killings of his brother and sister-in-law.
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Questions exist as to whether fiduciary duty was breached

March 31, 2015
Jennifer Nelson
There is sufficient evidence to create genuine issues of material fact as to whether a shareholder breached its fiduciary duty owed to other shareholders and whether it committed constructive fraud by remaining silent about two businesses’ financial states, the Indiana Court of Appeals ruled Tuesday.
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Ambiguous probation condition leads to reversal of violation finding

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the revocation of a woman’s probation after two judges ruled the probation condition at issue is ambiguous regarding whether and when she had to report an arrest while on probation for a charge that allegedly occurred before the probation began.
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Court upholds convictions from controlled drug buys

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that his two Class B felonies for dealing in cocaine should be reversed based on prosecutorial misconduct and his limited cross-examination of the state’s confidential informant.
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