Articles

Appeals court upholds woman’s sentence for treatment of cats

A Fort Wayne woman who kept more than 100 cats between two properties in deplorable conditions had her sentence for multiple counts of criminal mischief and animal cruelty upheld by the Indiana Court of Appeals. The judges declined to revise her sentence because it was appropriate given her character and the nature of the offense.

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Injured man who sued estate can only recover insurance policy limits

A man who was injured in an auto accident with a woman who died the following year cannot recover any funds from her estate, the Indiana Court of Appeals ruled. But the trial court didn’t err in denying the estate’s motion to amend the jury award, because it is a valid judgment despite that the man can only recover funds available under the policy limits of the woman’s insurance policy.

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Summary judgment affirmed for casino in collapsing chair suit

The manufacturer of a chair that came down on a patron’s leg as she sat on it appealed the denial of its summary judgment on the woman’s complaint, arguing the northern Indiana casino shouldn’t have been granted summary judgment. The Indiana Court of Appeals affirmed Friday, but ordered more proceedings on Horseshoe Casino’s third-party complaint against Gasser Chair Co.

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Man’s claims that protective sweep, search are unconstitutional fail

A protective sweep and subsequent search of a house following the issuance of a search warrant were reasonable under the federal and state constitutions, the Indiana Court of Appeals ruled. The defendant argued that the scope of the sweep – which led to the discovery of drugs and paraphernalia – was impermissibly broad.

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COA reverses denial of petition to dismiss protective order

A Jackson Superior Court erred in denying a couple’s request to dismiss a protective order the wife had taken out against her husband, the Indiana Court of Appeals ruled, because the statute contains the word “shall” regarding the court’s actions when one files for a dismissal of the protective order.

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Dismissal of Navistar workers’ complaint upheld by 7th Circuit

A group of unionized workers laid off by an Indianapolis engine plant who brought an action for breach of the collective-bargaining agreement didn’t provide enough factual content in their complaint to allow it to proceed in court, the 7th Circuit Court of Appeals ruled Tuesday.

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Fines will stand in legislative walkout case

The Indiana Supreme Court has ruled the dispute over fines imposed on lawmakers resulting from Democratic walkouts during the 2011 and 2012 legislative sessions is outside of the court’s authority to render a decision.

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SCOTUS ruling emboldens lawmakers to expand DNA collection

This time next year, Indiana may join the majority of states that collect DNA samples from people arrested on suspicion of committing felonies, rather than only from those convicted. Lawmakers who’ve been stymied are encouraged by a Supreme Court of the United States decision upholding the practice.

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SCOTUS rules on Myriad BRCA1, BRCA2 patent case

A naturally occurring DNA segment is not eligible for a patent simply because it has been isolated, the Supreme Court of the United States ruled Thursday. DNA that is not a product of nature may be patent eligible, however.

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Mother should have used Admin. Rule 9 in attempt to change name anonymously

The Indiana Court of Appeals upheld the denial of a mother’s request to sidestep the notice requirements in her quest to change her name and the names of her two children anonymously because she wanted to avoid detection from her abusive partner. The appeals court noted that Administrative Rule 9 would have given her the opportunity to proceed anonymously.

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