Articles

Court: Rehabilitation evaluation a must

The Indiana Supreme Court says that before any juvenile can be placed on the state's sex offender registry, a trial court must first evaluate whether that minor has been rehabilitated to determine if there's clear and convincing evidence he or she might re-offend.

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Court split on mother’s battery conviction

In a split decision by the Indiana Court of Appeals, the majority upheld a mother's conviction of battery against her daughter, but one judge felt her conviction had to be overturned in light of a recent Indiana Supreme Court decision.

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Courts leave election law questions unanswered

In the days leading up to an Election Day where thousands of Hoosier voters had already cast ballots before polls even opened, Indiana's appellate judges issued a pair of election law rulings that leave more questions than answers and will likely lead to further review.

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Convictions don’t violate double jeopardy

The Indiana Supreme Court affirmed today a post-conviction court's denial of a defendant's petition for relief, finding his convictions of burglary and attempted armed robbery didn't violate Indiana's double jeopardy clause.

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Court finds fax to be a contract

The Indiana Court of Appeals affirmed summary judgment in favor of a landlord in his breach of lease claims against the Indiana Bureau of Motor Vehicles, finding a faxed agreement amending the original terms of the lease constituted a contract.

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Worker’s comp claim bars med mal complaint

The Indiana Court of Appeals reversed the denial of a hospital's motion to dismiss a medical malpractice complaint because
the claimant, who was employed by the hospital and on duty at the time of the injury, could only file a complaint against
the employer under the Worker's Compensation Act.

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7th Circuit won’t rehear in vitro case

The full 7th Circuit Court of Appeals won't rehear a case of first impression involving an Indiana woman's claim
that she was wrongfully fired for taking time off for in vitro fertilization, and attorneys haven't decided whether to
seek further review by the U.S. Supreme Court.

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7th Circuit: Man failed to show sexual harassment

The 7th Circuit Court of Appeals reversed a District Court’s ruling in favor a man on his retaliation claim under Title VII of the Civil Rights Act, finding the man didn’t believe his supervisor’s advances and threats were illegal.

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Evidence failed to support ending parental rights

The Indiana Court of Appeals reversed a trial court's ruling to involuntarily terminate a mother's parental rights to her young twins, finding the court issued deficient termination orders and lacked clear and convincing evidence to terminate the parental rights.

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7th Circuit upholds antitrust suit dismissal

The 7th Circuit Court of Appeals affirmed a decision by a U.S. District Court in Indiana which threw out a case involving
Marathon Petroleum Company and its dealers because the dealers couldn't prove the company violated the Sherman Act.

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7th Circuit affirms, reverses wine ruling

The 7th Circuit Court of Appeals has recognized Indiana’s interest in keeping wine out of minors’ hands, ruling that Hoosiers who want to order alcohol online or by phone will have to first make face-to-face contact at a winery to verify their age before being allowed to make the purchase.

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Judges disagree on public intox conviction

The Indiana Court of Appeals reversed a woman's conviction of public intoxication, but the judge dissenting in the case believed the majority reweighed the credibility of the witnesses and their testimony to reach their decision.

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COA revises child molesting sentence

The Indiana Court of Appeals upheld a man's convictions of child molesting, but reduced his sentence because he can't be considered among the worst offenders to justify the maximum sentence.

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Appellate court rules on GAL fees

A guardian ad litem must differentiate between attorney and non-legal work when billing in a paternity case, and trial courts must carefully consider guidelines set out in probate-focused Indiana Professional Conduct Rule 1.5 when deciding how to compensate for fees and expenses. The Indiana Court of Appeals ruled today in the case In Re: The […]

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COA: Keep early-voting sites open

The Indiana Court of Appeals upheld a special judge's ruling to keep early-voting sites open in Lake County, holding that even if election law was violated in establishing the sites, public interest in having the sites would keep them open.

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Forfeiture of money to FBI allowed

A man whose $12,000 was seized following an arrest after a traffic stop wasn't entitled to get his money back from the FBI because the organization properly followed the rules, and even went above typical forfeiture proceedings in an attempt to inform the man of the seized money.

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