Articles

COA: Parole revocation not unconstitutional

The Indiana Court of Appeals affirmed that the decision to revoke a defendant's parole because he refused to take a polygraph test wasn't based on an impermissible ex post facto application of state statute.

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Court orders mandate for full parole hearing

The Indiana Court of Appeals reversed the dismissal of a prisoner's pro se action for a mandate requiring all five parole board members to vote on his parole eligibility, ruling the prisoner's case was supported by Indiana statute.

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Miscarriage an ‘act’ in intimidation charge

The Indiana Court of Appeals affirmed today a man's conviction of and sentence for intimidation after he threatened his wife, who recently miscarried. The appellate court ruled the miscarriage fulfilled the "act" part of the charge as contemplated by Indiana statute.

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Officer didn’t conduct investigatory stop

A trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.

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Opinion explains use of supplemental evidence

In affirming a trial court's decision to uphold a board of zoning appeals' denial of a petition for a variance, the Indiana Court of Appeals also addressed the trial court's admission of supplemental evidence pursuant to Indiana Code Section 36-7-4-1009.

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Opinion invites high court to reconsider decision

The Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound by the high court's previous ruling.

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COA reverses dismissal of drug charges

A trial court erred when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against him as a result of that search, the Indiana Court of Appeals ruled today.

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Man not prejudiced by attorney’s assistance

Even though a defendant's counsel was found to be ineffective based on his "television fantasy" trial strategy, the 7th Circuit Court of Appeals affirmed the District Court denial of his petition for habeas corpus because he didn't show he was prejudiced by his attorney's performance.

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High court splits in hospital negligence suit

The Indiana Supreme Court split on whether a hospital was negligent in letting a woman with injuries possibly caused by domestic violence leave with her alleged abuser, who killed her on the way home after being discharged.

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Court rules on consecutive enhancements issue

Consecutive habitual offender enhancements are improper, whether the enhancements arise from separate trials on unrelated charges or separate trials on related charges, the Indiana Supreme Court ruled yesterday in two opinions.

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High court rules in favor of AG in casino case

The Indiana Supreme Court has ruled in favor of the state's attorney general in a suit for constructive trust and unjust enrichment against a for-profit corporation receiving contributions from a casino, finding the trial court erred in dismissing the claims.

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Animal cruelty an exigent circumstance

Ruling on the issue for the first time in state courts, the Indiana Court of Appeals decided animal cruelty rises to the level of exigent circumstances to permit a warrantless search of curtilage. The decision came in a man's appeal of his dog fighting convictions.

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Circuit Court vacates drug sentence

The 7th Circuit Court of Appeals affirmed a man's drug conviction, but vacated his sentence because it wasn't confident the District Court judge properly sentenced him.

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Insurer must provide underinsured coverage

An insurance policy that doesn't provide uninsured or underinsured motorist coverage to all insureds is contrary to public policy based on Indiana statute, affirmed the Indiana Court of Appeals.

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COA: Just running red light not reckless

Ruling on the issue for the first time, the Indiana Court of Appeals held that not stopping at an intersection cannot, without more evidence, constitute criminally reckless conduct and establish a prima facie case.

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