Articles

DCS did not have sufficient evidence for CHINS adjudication

The Indiana Department of Child Services failed to present any evidence that a newborn’s mother did not have stable housing or that her actions seriously endangered her child, the Indiana Court of Appeals ruled Thursday in reversing a child in need of services adjudication.

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Appellate court interprets amended habitual offender statute

The Indiana Court of Appeals, after finding the language of the habitual offender statute doesn’t support either the defendant’s or the state’s interpretation, reversed the denial of the defendant’s objection to his habitual counts and ordered the trial court to review the matter.

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COA reduces woman’s OWI conviction, orders new hearing on fees

A trial court did not properly determine whether a woman had the ability to pay fees owed after being convicted of a misdemeanor drunken-driving charge, so the Indiana Court of Appeals ordered the case back to the trial court. The judges also ordered her conviction reduced based on the evidence presented at trial.

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COA affirms dismissal of PCR petition

A man challenging his guilty plea on the basis of ineffective assistance of counsel did not present any evidence to support his allegations, so the Indiana Court of Appeals affirmed summary disposition of his petition for post-conviction relief.

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Acupuncture clinic fails to prove point before COA

An employee at an Indiana acupuncture and yoga facility who was repeated screamed at by the owner had good cause for quitting and is thus entitled to unemployment benefits, the Indiana Court of Appeals affirmed Friday.

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Judges divided on retrial for voluntary manslaughter

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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COA affirms setback distance for Eastern Indiana wind farm

The Indiana Court of Appeals on Tuesday upheld a Rush County zoning ruling requiring industrial wind turbines to be at least 2,300 feet from some people’s property lines. The judges emphasized that the zoning ordinances outline minimum distances and the zoning board is able to increase those distances when warranted.

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Judge affirms dead candidate winner in Allen County election

An Allen Superior judge decided Wednesday that the Republican candidate for an at-large seat on the Allen County Council who died four days before the General Election was properly left on the ballot and certified as a winner. The judge noted that Indiana Code doesn’t specifically address this unique situation.

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Judges affirm man’s handgun conviction

A Vanderburgh Circuit judge tendered a proper jury instruction on the charge of carrying a handgun without a license, the Indiana Court of Appeals held Wednesday in affirming a man’s conviction.

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Owners of flooded house lose appeal in suit against Valparaiso

A couple whose home near a water retention and detention facility was flooded in 2008 when the city of Valparaiso experienced a 200-year storm are not able to assert a private cause of action under Indiana’s Flood Control Act, the Indiana Court of Appeals affirmed Friday.

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Assessor waived objection to untimely filing of record

The Indiana Tax Court on Friday determined that a northern Indiana assessor’s office waived its objection to a late-filed certified administrative record in a tax appeal, ruling that an objection must be made before the merits of a case have been furthered.

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