Articles

First remote interviews for COA vacancy held amid pandemic

In a first for Indiana, applicants seeking to join the state’s appellant bench were interviewed remotely Wednesday.  After multiple continuations, the seven-member Judicial Nominating Commission logged in to Zoom on Wednesday morning to hold 20-minute interviews with candidates seeking to succeed retiring Court of Appeals Judge John Baker.

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Divided ruling: Felony reduced to misdemeanor means longer expungement wait

The Indiana Court of Appeals on Friday asked the Indiana General Assembly for guidance as it sharply divided over whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking to expunge their criminal records. The majority ruled they should, a result the dissenting judge called “unjust and ill-advised.”

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‘Repugnant’ teacher’s 21-year molest sentence affirmed

A Seymour Middle School math teacher lost his appeal and will serve the 21-year sentence imposed by the trial court for grooming and molesting a student whose parents say she was “broken” by the experience. One Court of Appeals judge wrote he might have added years to the teacher’s sentence, had the state asked.

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All appellate judges on the ballot retained by voters

Collecting more than a million “yes” votes each, Indiana Justices Steven David and Robert Rucker have been retained in office. David faced opposition from some who disagreed with the majority opinion he authored regarding unlawful police entry into homes.

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First impression case tackles wetlands issue

In a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded from liability to adjoining landowners whose properties as a result become federally regulated wetlands.

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