Articles

Denial of jury instruction was correct, COA rules

The Indiana Court of Appeals said a trial court was right in denying a man’s jury instruction that would have applied mens rea to every element of aggravated battery, saying the severity of an injury is not an element of prohibited conduct, but a result of it.

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Judge’s sentencing process does not violate due process

The United States 7th Circuit Court of Appeals ruled a judge’s process to sentence a man who pleaded guilty to possession of cocaine did not violate the Fifth Amendment Due Process Clause, and may even be a process to be emulated by other judges in the future.

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Man, IRS win split Tax Court decisions

The Indiana Tax Court ruled Nick Popovich should get $24,963 for successfully prosecuting his first motion to compel against the Indiana Department of Revenue, but ruled the Department of Revenue should get $5,175.25 in court fees for successfully defending Popovich’s second motion to compel.

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Justices take 3 new cases, split on others

The Indiana Supreme Court approved transfer to three cases last week involving duties of social hosts, compensation for teachers’ ancillary duties and jury instructions in a drunken-driving case. Justices were split 3-2 on four other petitions for transfer.

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Man can’t appeal piracy conviction

A man who pleaded guilty to piracy for his role in boarding a ship off the coast of Somalia in 2009 was denied a writ of habeas corpus because he waived that right when he pleaded to his crime.

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COA: man not entitled to relief under firearms statute

The Indiana Court of Appeals overturned a man’s request for summary judgment after he was fired for bringing a gun to work and instead granted summary judgment to his ex-employer after it found the man was not entitled to relief under statute or common law.

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Court denies summary judgment in excessive force case

The 7th Circuit Court of Appeals said there was enough evidence against two officers accused of excessive force while arresting a Hammond man to create material dispute and therefore reversed summary judgment for the officers. The case was remanded to District Court for further proceedings.

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March Against Hunger competition kicks off

The Indiana State Bar Association is hosting its eighth annual March Against Hunger food drive competition beginning Tuesday and lasting through March 31. The drive raises food and monetary donations for Indiana’s 11 regional food banks.

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7th Circuit: Developer’s appeal is frivolous

The 7th Circuit Court of Appeals ruled a man’s claim that the National Bank of Indianapolis covered up unauthorized transfers is frivolous and said the bank can pursue sanctions against the man because of it.

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