Articles

COA affirms use of equitable subrogation

The Indiana Court of Appeals affirmed the trial court’s decision to award title over a disputed piece of property, but reversed regarding the order the defendant pay the plaintiff’s attorney fees.

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Judges affirm denial of motion to withdraw plea

The trial court did not err when it denied a defendant’s motion to withdraw his guilty plea after his attorney failed to discover that the state could charge him with being a habitual offender in only one of the two separate causes that were filed against him, the Indiana Court of Appeals ruled.

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Judges uphold inpatient treatment for juvenile

Because the record shows that a juvenile’s placement at an inpatient treatment facility is consistent with the goals for the teen’s rehabilitation, the Indiana Court of Appeals upheld the juvenile court’s placement order.

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COA rules in favor of chamber in breach of contract dispute

In its decision ordering summary judgment be entered in favor of the Brownsburg Chamber of Commerce in a lawsuit involving damages to a former employee, the Indiana Court of Appeals adopted the proposition that damages for breach of notice provisions are limited to compensation for the notice period.

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U.S. justices to rule on retroactivity of case involving guilty pleas by immigrants

The Supreme Court of the United States will hear a case that stems from its 2010 decision Padilla v. Kentucky, in which the justices held that criminal defense attorneys are obligated under the Sixth Amendment to advise noncitizen defendants about immigration consequences of pleading guilty. The justices will now rule on whether its decision is retroactive.<

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Courts not responsible to find person named in subpoena

It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.

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Former secretary of state suspended

The Indiana Supreme Court suspended former Indiana Secretary of State Charlie White Wednesday because he was convicted of several felonies following a trial on voter fraud charges.

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Teens sue school after expulsion for online death threats

The three teenage girls who were expelled from school because of their after-school online activity filed a lawsuit Wednesday in federal court against the northern Indiana school district. The teens claim the death threats they made on Facebook were made jokingly and their First Amendment rights are being violated.

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5th Amendment right against self-incrimination not violated

The Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop speaking” during the interview.

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COA rules on Kroger fuel sign dispute

The Indiana Court of Appeals reversed summary judgment for a developer on its claims of criminal mischief, criminal trespass and criminal conversion against grocer Kroger after the store modified a shopping plaza’s sign once it added a fueling station. There isn’t evidence that Kroger had criminal intent when it modified the sign pylon.

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Appellate court reverses ALJ in unemployment claim

The Indiana Court of Appeals held that a company was not obligated to continue employing a driver who lost consciousness behind the wheel, but because he holds no fault for that incident, he is eligible for unemployment benefits.

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COA reverses trial court in estate case

The Indiana Court of Appeals held that the trial court improperly granted summary judgment to parties whose attorney did not notify opposing counsel that a motion had been filed.

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Justices deny case involving trial judges issuing orders against other courts

The Indiana Supreme Court will not take the lawsuit filed by six people against Marion Superior Judge William Young for his actions in traffic court. The plaintiffs wanted the special judge appointed to their case to order Young to comply with certain procedures, which included mandating Young allow the general public to attend court sessions.

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ATM fee disclosure rules and related litigation

In 2011, nine lawsuits were filed in the United States District Court, Southern District of Indiana, in which plaintiffs sued owners or operators of ATMs for failing to post a sign advising users of usage fees. Similar suits have been filed around the country, and groups that represent ATM owners’ interests are calling for a change to federal law to stop further litigation.

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