Articles

In affirming DUI on appeal, judges include predictive warning

An argument made on appeal in a drunken-driving case that the person who certified the operating condition of a breath-test machine should have been required to testify was rejected Monday by the Indiana Court of Appeals, which also warned in a footnote that such a ruling could cost criminal defendants.

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Former Marsh CFO sought out bankruptcy lawyers

A former top executive of Marsh Supermarkets Inc. became so concerned about the company’s deteriorating finances less than a decade ago that he took the desperate step of meeting with bankruptcy lawyers.

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Judges uphold man’s 151-month sentence

A judge on the 7th Circuit Court of Appeals believed a defendant was entitled to resentencing because the District judge could only view him through “career-offender tinted glasses” even though the career offender distinction did not ultimately apply to him.

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Woman’s sentence revised because she is not among ‘worst offenders’

A home health care nurse whose flight from police while high on drugs and with her 89-year-old patient in the car had her sentence reduced because the Court of Appeals concluded she is not among the “worst offenders.” The high-speed chase led to a crash and the death of the patient from injuries she sustained.

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Court split over denial to commit man with dementia

Although the majority on the Indiana Court of Appeals acknowledged it would have been better for the trial court to follow the statutory commitment procedures instead of outright denying the state’s motion to commit, it affirmed the trial court’s conclusion.

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Judges uphold convictions stemming from bank robbery

Terry Smith made five arguments to the Indiana Court of Appeals as to why his convictions of robbery and other charges related to his robbing of an Indianapolis bank should be thrown out, but the judges weren’t persuaded to reverse his convictions.

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Prisoners can seek reductions of crack cocaine sentences

The 7th Circuit Court of Appeals concluded two judges in the Northern District of Indiana should take another look at two defendants’ requests to have their sentences for crack cocaine offenses reduced based on revised sentencing guidelines.

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Judges affirm man’s drug conviction

A man stopped by police while driving through Vigo County for unsafe lane movement – and later convicted of Class A felony dealing in cocaine – couldn’t convince the Indiana Court of Appeals that his conviction should be overturned.

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COA: Parties must arbitrate dispute over insurance coverage

The Indiana Court of Appeals found a trial court erred when it failed to enforce an arbitration provision of an insurance policy issued by Pekin Insurance Co. and ordered a couple’s lawsuit against their insurer stayed until arbitration is complete.

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Marsh: Company code of conduct didn’t apply to him

Don Marsh continued to use the company jet for personal reasons even after Marsh Supermarkets Inc. adopted a code of conduct to discourage financial fraud within the company, a lawyer for the supermarket chain alleged Wednesday morning in an Indianapolis courtroom.

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