Articles

COA: third-party perpetrator evidence not relevant

A man sentenced to 40 years for murder failed to convince the Indiana Court of Appeals he was unable to adequately defend himself at trial because he was prohibited from pointing an accusatory finger at the victim’s brother-in-law.

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Circumstantial evidence supports murder conviction

Despite not having a direct link showing Donald Burns intended to kill his 74-year-old grandmother, the Indiana Court of Appeals found the amount of circumstantial evidence was enough to support his murder conviction.

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Appeals court orders physical custody of child back to father

A mother has lost primary physical custody of her daughter after the Indiana Court of Appeals decided on Thursday to reverse and remand a decision that would have taken the daughter out of the custody of her father and instead place her in the primary custody of her mother.

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Bad-faith deal after bar assault clears insurer

Trial court rulings in favor of an insurer finding it had no duty to pay the victim of a punch in the jaw at a New Castle bar were affirmed Thursday. The Indiana Court of Appeals ruled a consent judgment between the tavern, the victim, and the man convicted of the crime was executed in bad faith.

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Tax Court stands by lower assessment basis for big-box store

Indiana Tax Court rejected a county assessor’s appeal of the slashed assessed valuation of a department store, forcefully affirming that large retailers may base their assessments on the sale prices of similar vacant or “dark” retail store properties.

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Builder’s statute of limitations defense prevails in COA

The Indiana Court of Appeals reversed summary judgment in favor of construction supplier on its breach of contract claim against a builder to which it provided a line of credit. The appellate court agreed with the defendants' claims that the lawsuit was time-barred.

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Fired Elkhart city attorney files federal suit against mayor

A female Elkhart city attorney who claims the newly elected mayor fired her because he “wanted my own guy” has filed a federal lawsuit alleging her First Amendment rights were violated. She also claims age discrimination and violation of the Equal Pay Act.

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Indiana attorneys join effort to end judicial backlog

An assistant clinical professor at Indiana University Robert H. McKinney School of Law and a board member of the Marion County Bar Association will join elected officials and judicial clerks in Washington, D.C., Wednesday in calling upon the U.S. Senate to vote on the backlog of nominees to the federal bench.

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EPA objects to Vertellus Specialties acquisition plan

Indianapolis-based chemical company Vertellus Specialties Inc. is at odds with the U.S. Environmental Protection Agency over whether its proposed sale would provide adequate resources to address environmental cleanup needs at Vertellus-owned sites in Indiana and elsewhere.

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