Articles

COA: No presumption of undue influence

A 2005 amendment to Indiana Code sets aside the common law presumption of undue influence with respect to certain transactions
benefiting an attorney in fact, the Indiana Court of Appeals ruled today on an issue of first impression.

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Justices decide statute, court rule issue

Even if a court rule is no longer relevant and an underlying state statute has been removed from the books, the Indiana Supreme Court says it still applies and must be followed until the justices revisit it themselves or say otherwise.

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Justices abandon ‘mere possession’ rule

The Indiana Supreme Court's decision Thursday abandoned the "mere possession rule" when it comes to convictions of theft and receiving stolen property and restored the state's original view that the possession of recently stolen property should be considered with other evidence in the case.

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Prior misconduct negates self-defense claim

Evidence of a defendant's prior alleged domestic violence incidents against his ex-wife shouldn't have been admitted to explain the ex-wife's animosity toward him, the Indiana Court of Appeals concluded today. However, the evidence was admissible because it was relevant to prove the ex-husband's motive to commit the domestic violence he was charged with in the instant case.

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Judges affirm rulings in Iraq name-selling case

The 7th Circuit Court of Appeals upheld the District Court's decisions in the appeals by the central Indiana man who tried
to sell the names of CIA agents working covertly in Iraq shortly before the U.S. invaded the country in 2003.

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COA reverses 4 attempted robbery convictions

The Indiana Court of Appeals reversed four convictions of attempted robbery after finding the evidence didn't support a reasonable inference that the defendant intended to rob each of the alleged victims.

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Justices rule on casino land-ownership dispute

A land-ownership dispute about an Ohio River riverboat-casino docking site is the subject of an Indiana Supreme Court ruling today, touching on land deeds from the 1800s and who had the right to use and give away ownership of less than an acre of land.

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Majority affirms conviction despite no witnesses

An appellate judge dissented from the majority's decision to uphold a woman's conviction of operating a car after her driving privileges had been forfeited for life, finding that confirming her conviction would break from precedent.

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FMLA leave doesn’t accrue hours for benefits

The 7th Circuit Court of Appeals has affirmed an Indiana District judge's decision that an employee on family medical
leave doesn't accrue those hours for benefits and can be fired for violating attendance policies.

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Judges find stop violated Fourth Amendment

The 7th Circuit Court of Appeals ruled a defendant's stop by police and subsequent search of a wheelbarrow he was pushing – which led to convictions of burglary and theft – violated the man's Fourth Amendment rights. The Circuit Court ordered the defendant's petition for habeas corpus be granted.

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Justices reaffirm precedent on worker’s comp claims

The Indiana Supreme Court has upheld a decision by the state Worker's Compensation Board dismissing an injured trucker's claim, finding the employee's settlement with a third-party driver voided whatever responsibility the company had on the issue.

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7th Circuit: Officer entitled to qualified immunity

Because Indiana's conversion statute doesn't appear to have an implied-consent defense, the 7th Circuit Court of
Appeals ruled a couple's excuse for possessing another person's camping gear was irrelevant to the probable-cause
determination to arrest them.

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7th Circuit: amendment applies to all mortgages

A 2007 amendment allowing recorded mortgages with certain technical defects to provide constructive notice, as if the mortgages were properly recorded and acknowledged, applies to all mortgages regardless of when they were recorded, the 7th Circuit Court of Appeals ruled Friday.

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Court split on burglary tipster issue

A panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police was sufficient by itself to justify a police officer's stop of a juvenile.

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Defendant must prove inability to pay

The defendant bears the burden of proving that he or she wasn't able to provide support at a probation revocation hearing for failing to support dependants, the Indiana Court of Appeals held today.

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Judges rule on custody issues

When modifying custody, the change in circumstances required by Indiana Code doesn't need to be so decisive in nature as to make the change necessary for the child's welfare, the Indiana Court of Appeals ruled today.

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County immunity in weather-related accident

The Indiana Supreme Court affirmed summary judgment for a county sued as a result of a weather-related accident, holding government liability immunity in steps taken as a result of the weather lasts until at least the weather condition has stabilized.

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Justices vacate life sentence

The Indiana Supreme Court vacated a convicted murderer's sentence of life in prison without parole because the trial court judge didn't have the authority to impose the sentence after the jury failed to reach a unanimous sentencing recommendation. Kyle Kiplinger appealed his sentence of life in prison without parole following his convictions of murder and […]

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