Articles

Justices toss meth conviction, advise courts on indigent depositions

A Huntington County man’s conviction for dealing meth and 40-year sentence were reversed Thursday by the Indiana Supreme Court, which remanded the case for a new trial and used the decision to send a message to trial courts. The court ruled the denial of depositions of state witnesses by indigent defendants must be supported in the record by findings of fact.

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COA upholds kidnapper’s sex offender status

A prisoner at the Indiana Department of Correction failed to convince the Indiana Court of Appeals that his sex offender classification should be dropped as the COA found it did not violate the ex post facto clause of the Indiana Constitution.

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Statute of limitations bars rate hike claim

The Indiana Court of Appeals ruled the statute of limitations had expired for a member of a power cooperative to challenge its parent company’s change from state to federal regulation and upheld summary judgment for the parent company.

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7th Circuit: Man did not need Miranda warnings

The 7th Circuit Court of Appeals ruled Tuesday that a man was not under arrest when he was questioned by police and therefore did not need to be given his Miranda warnings after the man claimed he did not voluntarily agree to speak to police.

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7th Circuit affirms government employees must resign after elected to office

The 7th Circuit Court of Appeals upheld an Indiana law that prevents people employed by the government to also hold elected office in the same municipality they are employed in. The law was challenged by a host of individuals who both serve on city and town councils and work for the same town as police officers, office managers and firefighters.

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7th Circuit upholds Fogle’s above-guidelines sentence

The 7th Circuit Court of Appeals affirmed former Subway pitchman Jared Fogle’s 188-month sentence Thursday afternoon for distributing and receiving, as well as conspiring to distribute and receive child pornography. Fogle challenged his sentence after the District Court imposed one above the sentencing guidelines.

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COA majority: Mayor has power to terminate utility superintendent

The Indiana Court of Appeals reversed summary judgment in a split decision Wednesday for former city of Lawrence Utilities Board Superintendent Carlton Curry, finding the newly elected mayor had authority to terminate Curry’s employment and therefore Curry can't prevail on a wrongful discharge claim.

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COA affirms $147,000 judgment against smelter manufacturer

The Indiana Court of Appeals affirmed a $147,000 judgment against a manufacturer of lead smelters, finding the trial court did not abuse its discretion when it entered default judgment against the company when it did not respond properly to a complaint.

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COA: Mother justified in deciding not to work as doctor

In a child support case in which a man challenged the decision by his son’s mother to quit her job as a doctor to stay at home with her children, the Indiana Court of Appeals found she had just cause to do so based on the sons’ special needs.

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Suspended attorney’s UPL convictions upheld

The Indiana Court of Appeals affirmed a suspended Elkhart attorney’s convictions of practicing law by a non-attorney after ruling there is sufficient evidence he continued to provide legal work after he was disciplined by the Indiana Supreme Court two years ago.

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