Articles

COA: Twins to remain with guardian, not grandmother

The Indiana Court of Appeals has affirmed a lower court’s ruling that twins from northern Indiana may be adopted by their guardian in Bloomington over the objections of the children’s father and paternal grandmother.

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COA dismisses battery appeal as untimely

The Marion County man who challenged his sexual battery and battery convictions had his appeal dismissed sua sponte by the Indiana Court of Appeals because his appeal was untimely.

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Judges reject man’s Department of Toxicology claims

The Indiana Court of Appeals upheld the denial of the motion by a man charged with drunken driving to exclude any evidence or testimony from the state Department of Toxicology. The court rejected his argument that there were no rules or regulations on the books regarding the newly created department.

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Justices decline to take Holiday World dispute

The Indiana Supreme Court will let stand the ruling that the widow and children of the late William Koch Jr. can keep their shares in the southern Indiana theme park Holiday World and Splashin’ Safari. The justices declined transfer to the legal dispute which arose in the Koch family following Will Koch’s death.

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NIPSCO loses appeal of reinstatement of driving privileges

The Northern Indiana Public Service Company was unable to convince the Indiana Court of Appeals that a lower court erred when it reinstated the driving privileges of two people who had been involved in car accidents that damaged NIPSCO’s property.

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COA: Woman’s conduct is harassment, not intimidation

The Indiana Court of Appeals reversed a woman’s misdemeanor intimidation conviction stemming from her communications with the wife of her baby’s father. The court held that the state was unable to prove she committed intimidation as charged.

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Man’s 10-year cocaine sentence upheld by 7th Circuit

The 7th Circuit Court of Appeals rejected a defendant’s argument that the drugs seized at his home with a warrant following his arrest should have been excluded from determining his sentence after the District judge ruled the warrant was invalid.

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Judges: No credit time for repeatedly violating supervised release

In a case of first impression for the 7th Circuit Court of Appeals, the court agreed with its fellow Circuit courts that prior time served for violations of supervised release is not credited toward nor limits the statutory maximum a court may impose for subsequent violations of supervised release pursuant to 18 U.S.C. Section 3583(e)(3).

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COA finds dismissal of judicial review petition not warranted

Noting that the Indiana Supreme Court has been divided on this issue – but will take it up soon – the Indiana Court of Appeals has held that it could review the dismissal of a petition for judicial review even though the company filing the petition did not file a complete, certified agency record.

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Wabash fraternity must face alleged hazing-injury claim

A freshman pledge’s personal-injury claim resulting from what he alleged was a hazing incident at Wabash College may proceed against the campus fraternity, and he may seek compensatory and punitive damages, the Indiana Supreme Court ruled Thursday, overturning lower court rulings.

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Appeals court: IBM materially breached contract with state

The Indiana Court of Appeals has reversed a Marion County judge’s finding that IBM did not materially breach the contract it had with the state to modernize its welfare system. As a result, the appeals court ordered a determination of damages to the state.

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Man gets partial win on appeal, still must pay for damaging woman’s home

The man who purchased 2.28 acres of land in a foreclosure sale must pay for the damage he caused by taking the law into his own hands in trying to evict a woman living in a mobile home on the property, the Indiana Court of Appeals ruled. But, the court reversed summary judgment in favor of the woman on adverse possession, prescriptive easement and trespass claims.

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COA reverses piercing of corporate veil, but upholds slander of title finding

A Hendricks County storage facility’s claims of breach of contract and slander of title were affirmed on appeal against a contractor hired by the facility to provide excavation services. The Indiana Court of Appeals reversed the piercing of Country Contractors Inc.’s corporate veil to find its two shareholders personally liable.

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Ex-IMPD officer pleads guilty to drunken driving

Former Indianapolis Metropolitan Police officer David Bisard has pleaded guilty to operating a motor vehicle while intoxicated as a Class A misdemeanor. The sentence will be served consecutively to the 16-year sentence he is currently serving for a 2010 crash that killed one motorcyclist and injured two others.

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