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7224 results for 'articles'

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Appeals court rehearing affirms serious violent felon conviction

April 8, 2013

An Indiana Supreme Court ruling that a conviction of possession of a firearm by a serious violent felon cannot have a sentence enhanced under the habitual offender statute does not apply when the enhancement came for a separate conviction, the Indiana Court of Appeals held Monday.

Endorsement clause makes insurance policy ambiguous

April 8, 2013

Describing an insurance company’s policy as “inherently ambiguous,” the Indiana Court of Appeals has reserved the summary judgment granted by the trial court.

COA affirms car forfeiture when owner arrested for iPhone theft

April 8, 2013

A Wal-Mart worker who tried to steal four iPhones from the store at the end of her workday has no protection from forfeiture laws that allowed the state to take her car, the Indiana Court of Appeals ruled Monday.

Hearings set for trio charged in southside Indy explosion

April 8, 2013

Three people charged in an explosion that killed two people and leveled part of a southside Indianapolis housing development will go before a judge in Marion Superior Court on Wednesday.

Toxicology lab witness’s failure to appear dooms drunken-driving conviction

April 8, 2013

A Tennessee man’s drunken-driving conviction in Shelby Superior Court was tossed because his trial took place more than a year after his arrest, largely due to a toxicology lab worker’s failure to appear for scheduled depositions, the Indiana Court of Appeals ruled Monday.

Pair convicted in liquor store killing not entitled to DNA evidence

April 8, 2013

Two men sentenced more than 20 years ago for murder and Class C felony attempted robbery were not improperly denied post-conviction relief when they couldn’t obtain DNA evidence they said would prove exculpatory, the Indiana Court of Appeals ruled Monday.

Conour alleges feds reneged on deal to delay prosecution

April 5, 2013

Former personal injury attorney William Conour has filed an affidavit in his federal wire fraud case swearing that the government reneged on a deal to delay his prosecution so that he could settle outstanding cases that could have generated about $2 million in fees.

Opinions April 5, 2013 ILD

April 5, 2013

Indiana Court of Appeals, Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.

7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

Opinions April 5, 2013

April 5, 2013

Indiana Supreme Court
Daniel Ray Wilkes v. State of Indiana
10S00-1004-PD-185
Post Conviction. Affirms denial of post-conviction relief from a sentence of life without parole for conviction of three murders, concluding that Wilkes did not meet his burden of proof on arguments that he was deprived of his rights to an impartial jury and effective assistance of counsel.

Public input wanted on proposed changes to court rules

April 5, 2013

The Indiana Supreme Court wants to hear from judges, attorneys and the general public as it considers possible changes to court rules.

Justices affirm denial of killer’s post-conviction relief

April 5, 2013

A man originally sentenced to die for the 2006 murders of a mother and her 8- and 13-year-old daughters will continue to serve his converted sentence of life without parole after the Indiana Supreme Court on Thursday afternoon affirmed a trial court’s denial of post-conviction relief.

Law students to join Bei Bei Shuai rally

April 5, 2013

Students from Indiana University Maurer School of Law will take part in a rally this weekend to call for an end to the prosecution on murder and attempted feticide charges of Bei Bei Shuai. Shuai consumed rat poison while pregnant, and her newborn daughter died shortly after birth.

General Assembly enters final weeks with full schedule

April 5, 2013

Indiana’s biennial budget is eligible to receive a second reading in the Senate Monday as the Indiana General Assembly enters the final weeks of its regular session.

Opinions April 4, 2013 ILD

April 4, 2013

Indiana Court of Appeals
Jordan Heimansohn v. State of Indiana (NFP)
32A01-1209-CR-399
Criminal. Reverses conviction of driving while suspended as a Class A misdemeanor.

Brian G. Sachs v. State of Indiana (NFP)
32A01-1209-CR-421
Criminal. Affirms revocation of probation.

R.D. v. A.W. & M.W. (NFP)
26A01-1208-JP-372
Juvenile. Affirms award of custody of minor A.W. to the step-grandparents.

State of Indiana v. Bobby Walden (NFP)
49A04-1211-CR-566
Criminal. Reverses grant of Walden’s motion to dismiss.

Rodney Juan Willis v. State of Indiana (NFP)
29A02-1208-CR-695
Criminal. Affirms sentence following guilty plea to Class C felony receiving stolen property.

Aaron Lee Anderson, III v. State of Indiana (NFP)

29A02-1208-CR-694
Criminal. Affirms conviction and sentence for Class B felony unlawful possession of a firearm by a serious violent felon.

James Rice v. State of Indiana (NFP)
80A02-1208-CR-693
Criminal. Affirms sentence following guilty plea to Class A felony battery.

Justin Deon Coates v. State of Indiana (NFP)
82A04-1207-CR-359
Criminal. Reverses conviction and sentence for Class B felony possession of a firearm by a serious violent felon.

In Re: The Paternity of B.L.E.; M.T.R. and M.J.R. v. A.E. (NFP)

92A03-1210-JP-419
Juvenile. Remands to the trial court to enter an order containing findings and conclusions in case in which the trial court denied the grandparents’ petition for visitation.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

Opinions April 4, 2013

April 4, 2013

7th Circuit Court of Appeals
Betty M. Jordan and Theodore R. Jordan v. Kelly D. Binns and U.S. Xpress Inc.
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms jury verdict in favor of Binns and his employer U.S. Xpress on the Jordans’ lawsuit filed after Betty Jordan lost both of her legs while riding a motorcycle and being hit by the tractor-trailer driven by Binns. Rejects claims on appeal that improperly admitted hearsay evidence warrants a new trial. The court found that some hearsay evidence regarding Betty Jordan’s statement that she was at fault in a motorcycle accident was improperly admitted, but it was cumulative, and other evidence presented at trial strongly favored the defendants’ position.

Court reverses several theft convictions under single larceny rule

April 4, 2013

An Orange County man who stole items from a deceased man’s home and sold them had multiple convictions overturned by the Indiana Court of Appeals, including several theft convictions and failure to report a dead body.

COA affirms dismissal for lack of personal jurisdiction

April 4, 2013

The Indiana Court of Appeals found that a Texas corporation that made a component of a dust collector that injured a Fort Wayne man did nothing more than place the screw conveyor in the stream of commerce, which supports dismissing the Texas business from a lawsuit filed here.

Trial court improperly suspended driving privileges for life

April 4, 2013

A Marion Superior Court exceeded statutory authority when it suspended a man’s driving privileges for life, the Indiana Court of Appeals has held. At the time Thomas Porter was arrested and charged, his driving privileges were suspended for life, but that was no longer the case when he was sentenced.

Broken gun still a firearm for felon-conviction purposes

April 4, 2013

A gun that can no longer shoot is still a gun for purposes of federal firearms convictions, the 7th Circuit Court of Appeals ruled Thursday.

Presence of alternate juror in deliberation room not reversible error

April 4, 2013

A man’s conviction of methamphetamine and firearms crimes in the U.S. District Court for the Southern District of Indiana was not prejudiced by the presence of an alternate juror in the deliberation room, the 7th Circuit Court of Appeals ruled Thursday.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • State judiciary is considering alternative exam for bar admission

  • Birth certificate changes for seven transgender Hoosiers are in limbo

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