Articles

7th Circuit vacates child porn supervised-release condition

The 7th Circuit Court of Appeals vacated a sentence for possession of child pornography Thursday that it ruled imposed an unconstitutionally vague condition of supervised release. The court affirmed, in the case, convictions of attempting to distribute heroin and illegal possession of a firearm.

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Man will receive surplus on sheriff’s sale credit bid

The Indiana Court of Appeals awarded a Grant County man nearly $375 after finding a surplus was owed to him when his property sold at a sheriff’s sale for more than what was calculated by the trial court based on an agreed judgment between the man and the bank.

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Divided court reverses teen’s intimidation adjudication

Split over whether a teen’s threats toward his grandfather were intended to place the man in fear of retaliation for a prior lawful act, two Indiana Court of Appeals judges reversed a teen’s delinquency adjudication for committing intimidation.

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Judges affirm denial of credit time for man on electronic monitoring

After evaluating the statutory provisions concerning sentencing, electronic monitoring and deferral programs, the Indiana Court of Appeals ruled it was within the trial court’s discretion to deny a man credit time toward his sentence for time he spent on electronic monitoring while participating in a drug court program.

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COA split over whether damages are punitive

The Indiana Court of Appeals released a divided opinion Wednesday on the issue of whether damages awarded under the Indiana Sales Representative Act are punitive in nature. The majority affirmed the trial court’s ruling that damages awarded under the Act would be subject to the evidentiary standard, limitation and diversion provisions of Indiana’s punitive damages statute.

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COA finds attorney was not ineffective

The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”

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In pollution suit rehearing, COA rejects fresh arguments

The Indiana Court of Appeals affirmed on rehearing a decision that the Allen County Public Library could pursue damages against contractors resulting from a diesel spill during a building project. A panel rejected arguments from defendants that it said violated a “cardinal rule” because they were raised for the first time on rehearing.

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7th Circuit: Marathon owes more for abandoned locations

Owners who leased properties in Michigan and Indiana that were used as Marathon gas stations – some of which were neglected, abandoned and condemned while Marathon leased them – will be paid more than the $269,000 a District judge in Fort Wayne awarded.

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ICLEO application deadline nears

College graduates eligible for the Indiana Conference for Legal Education Opportunity have little more than two weeks to submit applications to be selected for the 2014 ICLEO Fellowship Summer Institute from June 15-July 25 at Valparaiso University Law School.

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Papageorge: Predictive coding gaining support in courts

Attorneys now are faced with the monumental task of collecting, reviewing and producing their own client’s electronic documents while also reviewing the opposing side’s electronic documents. This can lead to uncomfortable conversations with clients regarding the significant cost of the process.

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Attorneys finding more link rot online

Just a few days after the 7th Circuit Court of Appeals issued its opinion in his case, attorney Brian Paul searched for the website the court had cited and discovered not everything on the Internet is permanent.

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