Articles

COA: third-party perpetrator evidence not relevant

A man sentenced to 40 years for murder failed to convince the Indiana Court of Appeals he was unable to adequately defend himself at trial because he was prohibited from pointing an accusatory finger at the victim’s brother-in-law.

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Circumstantial evidence supports murder conviction

Despite not having a direct link showing Donald Burns intended to kill his 74-year-old grandmother, the Indiana Court of Appeals found the amount of circumstantial evidence was enough to support his murder conviction.

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Appeals court orders physical custody of child back to father

A mother has lost primary physical custody of her daughter after the Indiana Court of Appeals decided on Thursday to reverse and remand a decision that would have taken the daughter out of the custody of her father and instead place her in the primary custody of her mother.

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Bad-faith deal after bar assault clears insurer

Trial court rulings in favor of an insurer finding it had no duty to pay the victim of a punch in the jaw at a New Castle bar were affirmed Thursday. The Indiana Court of Appeals ruled a consent judgment between the tavern, the victim, and the man convicted of the crime was executed in bad faith.

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Tax Court stands by lower assessment basis for big-box store

Indiana Tax Court rejected a county assessor’s appeal of the slashed assessed valuation of a department store, forcefully affirming that large retailers may base their assessments on the sale prices of similar vacant or “dark” retail store properties.

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Breach of contract suit to get new venue

A trial court should have granted the city of Lawrenceburg’s request to move a breach of contract lawsuit against it filed by Franklin County out of Franklin County, the Indiana Court of Appeals ruled Monday.

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Outlaws member denied motorcycle club’s seized property

A member of the Outlaws Motorcycle Club who wanted to intervene in a forfeiture action involving paraphernalia bearing the Outlaws insignia couldn’t convince the 7th Circuit Court of Appeals that a federal court was incorrect in denying his motions.

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Court divided over stop of man in movie theater

By a 2-1 vote, the Indiana Court of Appeals reversed the denial of an Indianapolis man’s motion to suppress a handgun found on him after officers questioned him in a lobby of a movie theater. The majority ruled the officers had no reasonable suspicion to justify the investigatory stop.

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COA affirms officer’s stop of teen involved in mall ruckus

A police officer had reasonable suspicion to stop and search a teen at an Indianapolis mall on Black Friday last year whom was believed to be involved in a shouting match with another group of people in a department store, the Indiana Court of Appeals affirmed.

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