Articles

Casino wins compulsive gambling appeal

Casinos don't have a common law duty to protect compulsive gamblers from themselves, and aren't required to refrain from trying to entice those people into their establishments, the Indiana Court of Appeals ruled today in a matter of first impression.

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District Court erred in drug sentence

The 7th Circuit Court of Appeals vacated a man's sentence for conspiracy to distribute methamphetamine because the District Court failed to figure out the quantity of the drug reasonably attributable to the defendant.

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7th Circuit warns attorneys about compliance

The 7th Circuit Court of Appeals chastised the U.S. Attorney’s Office in Indiana’s Northern District to “get its act together” to comply strictly with a statute that imposes a mandatory life sentence for a defendant convicted of a drug offense with two prior drug convictions.

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Court erred in ordering DCS to pay costs

The Indiana Department of Child Services isn't responsible for the costs of a minor's secure detention because it never entered into a written agreement with the juvenile court to cover the costs, the Indiana Court of Appeals ruled today.

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Judges: Town ordinance invalid

The Indiana Court of Appeals declared today a Plainfield town ordinance authorizing the imposition of storm-water fees on properties outside of the town's corporate boundaries to be invalid because under Indiana Code, the town only has the authority to collect the fee within its corporate limits.

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COA rules on first impression lemon-law issue

The Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes the problem.

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Judges uphold mail fraud conviction

Although it noted the question was a "close one," the 7th Circuit Court of Appeals determined there was sufficient evidence to support a man's conviction of mail fraud in his scheme to defraud the government out of money for work he didn't complete.

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Mom’s mental ability not reason for termination

The Indiana Court of Appeals declined to write an opinion barring the state from pursuing termination of parental rights of a "retarded person," as requested by the mother in a termination of parental rights case.

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Inmate’s complaint dismissed again

An inmate's complaint, which led the Indiana Supreme Court to find the Three Strikes Law to be unconstitutional last year, was properly dismissed under the Frivolous Law Claim by the trial court on remand, the Indiana Court of Appeals ruled today.

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COA reverses one dismissal of inmate’s suit

The New Castle inmate with a history of filing frivolous lawsuits got a minor victory in the Indiana Court of Appeals today. The judges reinstated his complaint against the only person who presided over the inmate's disciplinary hearing for a Department of Correction rule violation for filing a frivolous claim.

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Judges differ in ruling application in set-off case

Indiana Court of Appeals judges couldn't agree on the application of a previous case involving the set-off of workers' compensation payments, leading to a split court and three separate opinions in an insurance company's attempt to recoup a portion of workers' compensation benefits following a jury trial. In Travelers Indemnity Company of America v. Jerry […]

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Couple not negligent in baby’s death

A couple did not breach their duty to protect a baby from a dangerous condition on their property in which a 2-month-old died after his mother smothered him while the two slept on a sofa at the couple's home.

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Judges differ in stipulation matter

A panel of Indiana Court of Appeals judges disagreed on whether a defendant pleaded guilty to the enhancement of his auto theft conviction based on his previous conviction for a similar crime.

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Insurer not allowed to substitute party name

An insurance company isn't allowed to substitute another party's name in a suit filed by a driver for her underinsured motorist benefits because there's no authority for substitution of a non-party before a jury in a contract case, the Indiana Court of Appeals decided today. Doing so would create a "legal fiction" before the jury.

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Justices uphold probation revocation

The Indiana Supreme Court disagreed with the Indiana Court of Appeals that the appellate court could review a defendant's appeal – either because it qualified as a rare and exceptional case of great public interest or under Post-Conviction Rule 2. The Supreme Court deemed the man's failure to timely file an appeal to the revocation of his probation as fatal to his claim.

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Justices: Jury issues don’t require new trial

The Indiana Supreme Court affirmed a jury award in favor of a man accused of rape in a civil suit, ruling the jury didn't receive improper communications and the trial court didn't err in providing impasse assistance to the jury.

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