Articles

Judges reverse teen’s gang-related adjudication

The state was unable to prove that a 14-year-old Indianapolis boy committed criminal gang activity when he and several other juveniles followed another teen after a party, the Indiana Court of Appeals ruled Thursday.

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COA: More proceedings are needed on parents’ ITCA compliance

Finding a genuine issue of material fact as to whether Richmond parents’ complied with the Indiana Tort Claims Act notice provision when filing a lawsuit after their severely disabled daughter died at school, the Indiana Court of Appeals ordered that issue to go before a jury.

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7th Circuit rejects claim that FMLA should be extended to non-eligible employees

The 7th Circuit Court of Appeals affirmed summary judgment for a transportation company on a fired worker’s claims that her termination violated the Americans with Disabilities Act and the Family and Medical Leave Act. The judges didn’t agree with the woman that FMLA protection should extend to non-eligible employees who request leave for future periods.

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Entering a guilty plea is not a mitigating factor, COA rules

Although a Shelby County man successfully argued that signing an “Advisement of Rights and Waiver” document did not bar him from appealing his sentence, he failed to convince the Indiana Court of Appeals that the trial court abused its discretion when sentencing him.

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Store owner’s ‘Spice law’ prosecution may proceed, COA rules

The state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative authority to the Board of Pharmacy.

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State must seek EPA approval before reclassifying ethanol plants

Even though the Environmental Protection Agency changed a rule to exclude ethanol plants from the category of chemical process plants which would affect emissions permitting, Indiana had to seek approval from the federal agency before it could reclassify the ethanol production facilities.

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Evidence does not support CHINS finding

The Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after finding the parents have improved their living situation that led to their three other children being removed. 

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