Articles

First impression issue on ‘in loco parentis’ doctrine

Until Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.

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Judges split on stalking conviction

The Indiana Court of Appeals was divided Friday in reversing a man’s conviction of stalking. The decision hinged on their interpretations of the term “repeated” in Indiana’s anti-stalking laws.

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7th Circuit rejects ineffective trial assistance claim

The 7th Circuit Court of Appeals has upheld the denial of a defendant’s motion to vacate his guilty plea, claiming ineffective assistance of trial counsel. The judges found the record foreclosed any claim that the man’s attorney was constitutionally ineffective or that the man didn’t otherwise knowingly and voluntarily plead guilty.

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Credit-time statute amendment not retroactive

An amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals concluded Wednesday.

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COA affirms transfer penalty for nursing home resident

The Indiana Court of Appeals has affirmed a finding by the Family and Social Services Administration that an elderly woman was not entitled to Medicaid nursing home benefits in the eight months after she gave $35,500 to her nephew and his wife.

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Judges address ‘public utility’ questions

In a case of first impression in this state, the Indiana Court of Appeals has determined that BP Products North America Inc.'s petroleum refinery plant in northern Indiana isn’t a public utility as defined by state statute when it acts as a sort of conduit and provides natural gas and other services such as steam and wastewater to other private companies nearby.

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Judges uphold identity thief’s sentence

In a decision Friday, the 7th Circuit Court of Appeals repeated its holding that a District judge can satisfy the review standards under 18 U.S.C. Section 3553(a) without having to list every possible sentencing factor or detail of every argument raised for the federal appellate court to find that the sentence was proper.

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Justices find email is constitutionally protected speech

A trial court erred in granting summary judgment to a fire chief and township in a firefighter’s suit following his termination by the chief for sending a personal, political email that the chief believed contained false statements of fact. The firefighter’s email was actually constitutionally protected speech, the Indiana Supreme Court held Thursday.

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NCAA championship ticket distribution not a lottery

The National Collegiate Athletic Association’s ticket-distribution plan for championship games doesn’t constitute a “lottery” under Indiana law, the Indiana Supreme Court decided Thursday. The issue was before the justices as certified questions from the 7th Circuit Court of Appeals.

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Justices dismiss appeal

The Indiana Supreme Court has dismissed an appeal in an insurance case involving attorney-client privilege because the parties have reached a mediated settlement.

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Judge argues state must prove actual endangerment

The Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the possibility of it.

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Justices accept ordinance case

The Indiana Supreme Court will decide whether an Indiana town’s ordinance that would give the town the exclusive right to control, regulate, and sell water is actually invalid.

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Court splits on standard used to modify custody

Even though the trial court departed from established statutory procedures by using the “best interests” standard to modify physical custody, the majority of Indiana Court of Appeals judges affirmed the lower court’s decision.

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