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Justices consider ‘youth program center’ issue

Walter Whatley isn't disputing the fact that he was in possession of cocaine and that he should be held accountable for that.Instead, the Indianapolis defendant argues that he shouldn't have been convicted of Class A felony cocaine possession, which is what he was charged with given that he had the cocaine within 1,000 feet of a "youth program center" or a church near his home, where police arrested him after finding more than three grams of the illegal substance on him.

Governor gets judicial merit-selection bill

Gov. Mitch Daniels received today legislation that, if signed, would toss out merit selection and retention of St. Joseph Superior judges and also create a new three-judge panel for the Indiana Court of Appeals.

COA: Park ban violates ex post facto laws

Relying heavily on a recent Indiana Supreme Court decision regarding sex offenders and ex post facto laws, the Indiana Court of Appeals split in finding a city ordinance banning a convicted sex offender who no longer has to register with the state was punitive and unconstitutional as applied to him.

Appellate court travels to Vincennes

The Indiana Court of Appeals will hear arguments at Vincennes University Thursday in a case that seeks to determine who is responsible to pay costs and expenses related to environmental contamination.

Phone-a-thon helps 2,000 homeowners

A phone-a-thon June 30 helped 2,000 Indiana homeowners by giving them a chance to get more information if they were afraid of facing foreclosure or already knew their home was or would likely go into foreclosure.

Trial judge’s comments spur COA reversal

Because of a trial judge's statements following the conviction of a man for having a gun in a controlled area of an airport, the Indiana Court of Appeals reversed the conviction for insufficient evidence.

Opinion examines history of Fireman’s Rule

After delving into the history of caselaw involving Indiana's Fireman's Rule, the Indiana Court of Appeals determined a couple's complaint against an Indianapolis strip club is barred by the rule.

U.S. judge sanctions Indianapolis law firm

A federal judge has sanctioned an Indianapolis law firm that employed a few attorneys he says helped abuse the discovery process, failed to correct misleading or false statements made by its client, and didn’t properly turn over to the court or opposing counsel key documents relating to an environmental contamination case out of Southern Indiana.In a 66-page order issued Friday, U.S. District Judge Larry McKinney in the Southern District of Indiana determined that Bose McKinney & Evans should be sanctioned for…

High court grants 2 transfers

The Indiana Supreme Court granted transfer to two cases Jan. 29, one involving statements given to police and the other whether a man's trial counsel was ineffective.

Presentation focuses on child support issues

Attorneys from the Lafayette area, including a representative from the Tippecanoe County Prosecutor's Office, will be on hand to give a presentation and answer questions on child support and related issues during the Legal Aid Corporation of Tippecanoe County's "Legal Aid 101" presentation Wednesday.

COA: Government vehicle exclusion is void

The Indiana Court of Appeals concluded today in a matter of first impression that the government vehicle exclusion in underinsured motorist policies is void as against public policy.

COA splits on cheek-swab requirements

A split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable cause, under federal and state constitutions.

Supreme Court takes Fireman’s Rule case

The Indiana Supreme Court granted transfer today to case involving the Indiana Fireman's Rule and whether a policeman's suit against an Indianapolis strip club is barred by the rule.

eBay suit presents issue of first impression

In an issue of first impression in Indiana – and possibly in the United States – the Indiana Court of Appeals addressed specific jurisdiction questions in a suit filed by sellers on the online auction site, eBay.

Supreme Court orders third murder trial

State justices have overturned the murder convictions and ordered a third trial for a former state trooper accused of killing his wife and two young children in Southern Indiana almost a decade ago.

COA: Insurers have no duty to defend Cinergy

The Indiana Court of Appeals ruled today that the insurers of Cinergy, which was bought out by Duke Energy in 2006, have no duty to defend, indemnify, or otherwise provide coverage in connection with Cinergy's alleged liability for violations of the Clean Air Act at certain plants. The dispute over the insurers' obligations has been […]

Good-faith exception not applicable

An Indiana trial court erred when it denied a defendant's motion to suppress evidence because the good-faith exception doesn't apply in this case, the Indiana Court of Appeals concluded today.

Appellate court splits on liability of city

The Indiana Court of Appeals split today in deciding whether the city of South Bend should have known putting heavy machinery on an unstable sidewalk would create an unreasonable risk of harm to a brick restorer.