Legal News

COA affirms judgment in favor of contractor in bid dispute

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has found that a school corporation seeking bids for renovations did not acquire the right to enforce a construction company’s mistaken bid.
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Judges reduce sentence

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has reduced the sentence of a defendant who used brass knuckles to injure a couple and then struck a victim’s father with his car, finding the 11-year sentence was inappropriate in light of the offenses and the defendant’s character.
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COA finds court erred in allowing late response to be filed

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has reversed the denial of summary judgment for a financial company seeking contract damages and other relief, finding the trial court should not have considered the defendant’s late-filed response on summary judgment.
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Court splits over sentence modification

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals was divided over whether a man could challenge his sentence following a guilty plea. One judge maintained that the defendant did not consent to his illegal sentence.
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Burglary conviction was impermissible double jeopardy

March 29, 2012
Jennifer Nelson
Because some of the facts establishing the elements of a Class A felony burglary conviction also established all of the essential elements of the Class B felony burglary conviction, the Indiana Court of Appeals ordered one conviction be vacated due to double jeopardy.
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Governor names acting director of CJI

March 29, 2012
IL Staff
Gov. Mitch Daniels has appointed Mary L. Allen as acting director of the Indiana Criminal Justice Institute. She replaces Mark Massa, whom Daniels selected to join the Indiana Supreme Court.
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Court upholds finding woman isn't totally disabled

March 28, 2012
Jennifer Nelson
Because a woman failed to seek appellate review of the decision by the Worker’s Compensation Board of Indiana that she was not permanently and totally disabled, she waived any claim of error related to that decision, the Indiana Court of Appeals has ruled.
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Judges affirm denial of post-conviction relief

March 28, 2012
Jennifer Nelson
The Indiana Court of Appeals found a man’s double jeopardy claims were without merit, so his trial and direct appeal attorneys’ failure to raise these claims created no prejudice.
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Justices will hear arguments in Floyd County

March 28, 2012
IL Staff
The Indiana Supreme Court will visit New Albany Thursday to hear arguments in a case involving Rolls-Royce Corp.
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Attorney recovering after shooting

March 28, 2012
Jennifer Nelson
A Fort Wayne attorney shot Tuesday morning at his home is recovering from his injuries, which are not life threatening.
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Massa to join Supreme Court April 2

March 28, 2012
IL Staff
Mark Massa, the state’s newest justice, will be sworn in April 2. Former Chief Justice Randall T. Shepard will administer the oath.
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Confidentiality issues raised

March 28, 2012
Michael Hoskins
St. Joseph County case creates concern about protecting callers’ identities on child abuse claims.
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Legal briefs raise copyright questions

March 28, 2012
Michael Hoskins
A New York federal suit challenges publishers' selling of attorneys' work.
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Court rules on child support, parenting time modifications

March 27, 2012
Michael Hoskins
The Indiana Court of Appeals has ruled on a case involving parenting time and child support issues between a mother and father.
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Judges: injuries from crash on public road not covered

March 27, 2012
Michael Hoskins
The Indiana Court of Appeals has upheld a decision by the state worker’s compensation board that denied a security guard’s claim that a car accident on the way to work happened in the course of his employment and should be compensated.
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Closed-circuit testimony not unconstitutional

March 27, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a man who repeatedly molested a young girl was not deprived of his right to cross-examine his accuser when she testified via closed-circuit television.
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Federalist Society to host talk on unions

March 27, 2012
IL Staff
The Federalist Society for Law and Public Policy Studies, Indianapolis Lawyers Division Chapter, will host a lunchtime speaker at noon March 29 at the Conrad Indianapolis, Hong Kong Room, 50 W. Washington St.
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State bar announces board vacancies

March 27, 2012
IL Staff
The Indiana State Bar Association has announced vacancies on its board of governors for the October 2012-October 2014 term.
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Court rules on parental discipline case

March 26, 2012
Michael Hoskins
The Indiana Court of Appeals has held that a woman’s prior conviction for battering her daughter in a way similar to a current case is admissible pursuant to the state’s rules of evidence.
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Governor: Mark Massa 'superb choice' for Supreme Court

March 23, 2012
Michael Hoskins
On Chief Justice Randall T. Shepard's final day as a member of the Indiana Supreme Court, Gov. Mitch Daniels named Mark S. Massa, a former state and federal prosecutor, as the state’s newest justice.
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Mark Massa named Indiana Supreme Court justice

March 23, 2012
Michael Hoskins
Gov. Mitch Daniels has chosen Indiana Criminal Justice Institute Director Mark S. Massa as the state’s newest Supreme Court justice.
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COA: Independent contractor's death already compensated

March 23, 2012
Michael Hoskins
The Indiana Court of Appeals has determined that the estate of an independent contractor who fell off a ladder and died was properly compensated through the state workers' compensation act, and the man’s estate cannot later claim that his injuries occurred outside the scope of employment.
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Justices uphold probation revocation for child support non-payment

March 23, 2012
Michael Hoskins
A trial judge was correct in revoking a man’s probation based on his failure to pay weekly child support as a condition of his probation, the Indiana Supreme Court has ruled.
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Divided Supreme Court orders new murder trial

March 23, 2012
Michael Hoskins
Three justices have tossed out a murder conviction, ordering a new trial on the grounds that the trial judge should have given the jury the option to consider a lesser offense of reckless homicide.
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Judges rule on Evansville environmental coverage case

March 23, 2012
Michael Hoskins
The Indiana Court of Appeals has determined a Marion County judge properly granted summary judgment in favor of a group of insurance companies because the city of Evansville was seeking coverage for projects aimed at preventing future sewer discharges, rather than remediating past discharges, which wouldn’t be covered by the policies.
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