Articles

Vendor, Department of Revenue win partial victories on sales tax case

The Indiana Department of Revenue and a company that sold food through vending machines and its cafeteria both were victorious in Indiana Tax Court Thursday on the issue of whether all of the company’s vending machine sales and cafeteria sales are subject to sales tax and negligence penalties.

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Justices rule jury instruction not fundamental error

The Indiana Supreme Court found a jury instruction that jurors “shall presume” that a man’s alcohol concentration equivalent was above the legal limit if his chemical test, taken hours later, was at 0.08 or higher was not fundamental error. As such, it affirmed his conviction.

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Appeals court reverses adoption petition

The Indiana Court of Appeals reversed an adoption petition after it found the adoptive mother did not participate in a sufficient background check and the court should have combined the adoption proceedings with a paternity hearing that was also occurring at the same time.

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COA: Unreturned warrant doesn’t justify trial delay

A man’s criminal charges will be dismissed after Indiana Court of Appeals found the fact that a warrant for his arrest was not returned to trial court didn’t mean the court was absolved of its responsibility to grant him the speedy trial he asked for.

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COA: ADA does not apply in termination proceedings

The Indiana Court of Appeals ruled the Americans with Disabilities Act does not apply in termination of parental rights proceedings in a case where a deaf father with cognitive and mental health problems appealed the termination of his parental rights to his son.

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Appeals court affirms reinstatement of drug sentence

The Indiana Court of Appeals affirmed the reinstatement of a woman’s sentence after she was terminated from drug court, finding a request for new counsel she made was too late and a stay of her drug court supervision was meant to help her, not harm her.

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COA dismisses appeal of agreed judgment

The Indiana Court of Appeals upheld long-standing precedent when it dismissed an appeal of an agreed judgment between a law firm and a couple that accused the firm of malpractice.

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COA: Judge’s comments do not require dismissal of charges

The Indiana Court of Appeals ruled a trial court judge’s inappropriate comments during trial did not “goad” the defense into asking for a mistrial and affirmed denial of the defense’s motion to dismiss child molesting, rape and sexual misconduct charges against the defendant.

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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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