Articles

Court reinstates man’s direct appeal

The Indiana Court of Appeals has reinstated the direct appeal of a LaPorte County man convicted of felony robbery and attempted robbery in 2004, finding that he should not receive a new trial for receiving ineffective assistance of appellate counsel the first time he tried to challenge his convictions and sentence.

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Justices uphold Indiana robo-calls ban

The Indiana Supreme Court has held the state can continue enforcing a ban on automated robo-calls, with four justices finding that enforcement does not violate the Indiana Constitution’s free speech rights.

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Trial court used wrong legal standard in revoking probation

The Indiana Court of Appeals has ordered a trial court to use the proper legal standard to determine whether a woman violated her probation when she was arrested for theft. The trial court used a probable cause standard instead of the legal standard of a preponderance of evidence.

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COA orders new trial in resisting law enforcement case

A Marion County judge violated a defendant’s right to due process when it allowed the charge of resisting law enforcement to go to trial even though the defendant showed purposeful discrimination by the prosecution during voir dire, the Indiana Court of Appeals ruled Wednesday.

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High court takes 2 cases

The Indiana Supreme Court has taken a counterfeiting case and a case involving credit time that presents an issue of first impression, according to its latest transfer order.

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Tax Court: tax rate recalculation incorrect

The Indiana Tax Court ruled that a government agency incorrectly calculated a Marion County school district’s capital project fund levy property tax rate for 2011, and it has ordered the Department of Local Government Finance to recalculate the tax rates going back to 2007.

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Appeal planned on judge’s order to remove secretary of state

Marion Circuit Judge Lou Rosenberg ruled Wednesday that Indiana Secretary of State Charlie White was ineligible to be a candidate for the state office in the November 2010 election because he allegedly committed voter fraud. Now, an appeal is being planned and many believe the case is on a fast-track to the state’s highest court.

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7th Circuit rules school provided appropriate public education

Hamilton Southeastern Schools has prevailed on appeal that it does not have to reimburse two parents for their son’s special education at another institution because they claimed the school system wasn’t providing a free appropriate education to their son, who had a traumatic brain injury.

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Judge upholds Delaware County smoking ban

Delaware Circuit Judge Marianne Vorhees refused to strike down an ordinance passed this summer by the county commissioners that enhanced the county’s smoking ban by prohibiting smoking in bars and private clubs. In her ruling Wednesday, she said those who are unhappy with the ordinance should use the political process to try to change it.

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Court upholds finding man committed crime of domestic violence

The Indiana Court of Appeals affirmed the finding that a defendant committed a crime of domestic violence, which then made it illegal for him to possess a firearm in the future. The judges determined there was enough evidence to support the finding that the defendant and the victim were in a dating relationship, a key element in the charge.

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Justices suspend attorney for 18 months

Three Indiana justices decided that an attorney deserved an 18-month suspension for violating four rules of Professional Conduct, including charging an unreasonable fee. Justice Steven David didn’t participate in the case and Justice Robert Rucker believed the attorney only violated three of the rules and deserved a shorter suspension.

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Marsh wins $19.5M judgment against Roche

A Hamilton Superior judge has awarded Marsh Supermarkets Inc. a total of $19.5 million in damages in a soured sublease deal with Swiss pharmaceutical- and medical-equipment-maker Roche.

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