Articles

Brothers’ murder convictions upheld by COA

Two brothers convicted in the murder of a man with whom they previously had an altercation are not entitled to a new trial based on one juror’s concerns for her safety after recognizing someone sitting in the gallery, the Indiana Court of Appeals held Wednesday.

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Lawmakers pass Marion Co. small claims reforms

The General Assembly Wednesday afternoon passed modest reforms of the nine township small claims courts in Marion County, a far cry from recommendations of multiple judicial studies to restructure the courts.

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COA affirms new trial on motorcyclist’s negligence claim

A trial court did not abuse its discretion when it set aside a jury verdict allocating 70 percent of fault to a motorcyclist who hit a dog that darted in front of his bike, the Indiana Court of Appeals ruled. The motorcyclist was injured in the accident and sued the dog’s owners.

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Appeals court declines to revise battery sentence

Even though a trial court did not specify why it imposed consecutive sentences for a man convicted of two counts of battery – one as a Level 6 felony and the other a Class A misdemeanor – the Indiana Court of Appeals found the rationale for consecutive sentences is apparent on the face of the record.

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8 apply to be next COA judge

The Indiana Supreme Court released the names of the eight people who want to replace Court of Appeals Judge Ezra Friedlander after he retires from the bench in August.

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Woman’s battery conviction reversed due to fatal variance

A couple arrested after they screamed and resisted arrest at a local Department of Child Services’ office after learning their child was being removed from their care had all but one of their convictions from the incident upheld by the Indiana Court of Appeals Monday.

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SCOTUS considers excessive force, discrimination and personal data issues

The Supreme Court of the United States said Monday it will decide whether websites and other firms that collect personal data can be sued for publishing inaccurate information even if the mistakes don't cause any actual harm. The court is also considering time limits for discrimination claims and issues involving excessive force against inmates awaiting trial.

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Long odds for insanity defense in theater shooting trial

The parents of Colorado theater shooter James Holmes joined the parents of his victims in line on a gray and drizzly Monday morning before entering the courthouse where lawyers prepared to declare why he should be executed or spend the rest of his life in a mental hospital.

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Small Indiana town sued for rejecting proposed cell tower

A company that wants to build a cellphone tower in northeast Indiana is suing a small town, alleging the Zanesville Town Council is violating the federal Communications Act by using zoning ordinances to keep a wireless communications facility out.

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Judges dismiss appeal over deposition prep time

Because a trial court’s decision to deny ordering the defendants to pay for the time the plaintiffs’ expert witness spends preparing for his defense deposition is not a final judgment, the plaintiffs should have appealed under Ind. Appellate Rule 14(B). Since they did not, the Indiana Court of Appeals dismissed their appeal.

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County can’t raise tax to fund emergency expenses

The Indiana Tax Court affirmed the decision by the Department of Local Government Finance to deny the Clark County Board of Commissioners’ request to increase the county’s Cumulative Capital Development Fund tax rate for the 2012 budget year. The county sought the additional funds for a rainy day fund and to cover unexpected emergency costs.

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