Articles

Man’s conviction for harassing DCS case manager stands

A man convicted of harassing his Department of Child Services case manager to the point that she quit her job and moved to another county lost an appeal of his conviction Thursday, failing to convince the appellate court that the offense didn’t occur in Indiana.

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7th Circuit: Evidence found during unlawful drug raid still admissible

Convictions were affirmed for a man whose home was illegally searched by the Drug Enforcement Administration, which uncovered 10 pounds of methamphetamine inside. The 7th Circuit Court of Appeals found that although the DEA should have obtained a search warrant first, the evidence was still admissible.

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Unruly defendant rightly tossed from court, COA rules

A Montgomery County man thrown out of his own trial for disruptive conduct has failed to convince the Indiana Court of Appeals that he was wrongly denied his right to be present. But the appellate panel did vacate one of the man’s convictions on double jeopardy grounds.

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7th Circuit debt collection ruling creates split among circuits

A woman who wasn’t informed she needed to respond to a debt collection letter in writing lost at the 7th Circuit Court of Appeals, whose ruling that the collection agency simply made a mistake that didn’t cause her any injury created a split among circuit courts. Three judges authored a published dissent from a subsequent denial of rehearing en banc. 

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Indiana Supreme Court blocks disputed Brownsburg annexation

Brownsburg has lost its final bid to annex nearly 4,500 acres of land after fighting residents who objected all the way to the Indiana Supreme Court. Justices ruled the town “did not satisfy its burden of proving it had met the statutory requirements for annexing the disputed territory.” 

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AG Hill’s bid to block Marion County early voting plan fizzles

The heated dispute ignited by Indiana Attorney General Curtis Hill’s effort to block Marion County’s early voting plan ended with a whimper at the 7th Circuit Court of Appeals Monday after both sides acknowledged a change in the voting method nixed the need for a ruling from the federal appellate bench.

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7th Circuit vacates ruling in light of new uniform-rental law

The 7th Circuit Court of Appeals has vacated in part a Southern District Court’s decision, asking it to reconsider whether an amended Indiana wage-deduction law could be retroactively applied to claims made against a former employer for withholding employee wages to rent work uniforms.

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Appeals panel upholds Muncie doctor’s convictions

The Indiana Court of Appeals has affirmed the forgery and prescription-related offenses for a Muncie doctor alleged to have overprescribed pain medication to patients by using his nurse practitioners’ names to sign the orders.

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Judgment for INDOT upheld in fatal crash litigation

Even though the Indiana Department of Transportation declined to install a traffic signal at a Tippecanoe County intersection where a deadly crash later occurred, the Indiana Court of Appeals has upheld summary judgment for the department, finding it was immune from liability under the Indiana Tort Claims Act.

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CHINS reversal: ‘State may not intrude’ where coercion unnecessary

A father who was ordered removed from the home he shared with his wife and four children despite a clean record and no prior reports of domestic violence won a ruling in his favor Wednesday. The Indiana Court of Appeals reversed a CHINS finding and concluded, “when coercion is not necessary, the State may not intrude into a family’s life.”

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Car search after meth dealer’s arrest divides COA panel

A suspected Morgan County meth dealer who pulled his truck into his driveway as police were executing a search warrant on his property failed to overturn his conviction on appeal, but a dissenting judge found a police search of his vehicle after he was arrested failed to “honor the distinction between homes and motor vehicles for purposes of search and seizure.”

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