Articles

COA judge applications due May 9

The Indiana Judicial Nominating Commission has announced its timeline for selecting the replacement for Judge Carr Darden, who is retiring this summer from the Indiana Court of Appeals.

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Majority reverses conviction based on meth manufacturing

A divided Indiana Court of Appeals has determined that the state can’t use the amount of manufacturing materials and empty packets of ingredients at a person’s home to prove he was dealing in that substance, without clear evidence the drug would have been produced in that amount.

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Northern District seeks magistrate in Hammond

The Judicial Conference of the United States has authorized the appointment of a full-time magistrate judge for the Northern District of Indiana in Hammond. Applications are being accepted for the position.

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Court preserves woman’s day in court despite delays

The Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in court was too harsh.

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Panel disagrees on foreclosure settlement resolution

The Indiana Court of Appeals has ruled that federal law and housing regulations require that deeds in lieu of foreclosure release the borrower from any mortgage obligation, and the mortgage company issuing an agreement can use that federal language in the contract.

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Judges affirm decision in speedy trial claim

A Hendricks County judge did not err in denying a man’s motion that his criminal case be discharged because the state failed to conduct a speedy trial within one year of charges being filed, the Indiana Court of Appeals ruled.

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Court upholds child molester’s no-contact condition

The Indiana Court of Appeals has ruled that a man convicted of two child molesting counts didn’t have his constitutional rights violated because no double jeopardy violation occurred, and the trial judge’s probation condition that he have no contact with anyone younger than 18 is constitutional.

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Trial rules require sufficient postage

The Indiana Court of Appeals has a simple message for litigants: if you are filing anything by certified mail, make sure to put enough postage on your paperwork. Otherwise, don’t expect to use that insufficient postage as an excuse to get around trial rules and court deadlines.

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Appellate court rules on bona fide purchaser dispute

The Indiana Court of Appeals has upheld a ruling by a Marion Superior judge in a land title case, finding that a bona fide property purchaser can not be held responsible for deficiencies in the court record that led to the underlying dispute.

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Court of Appeals revises robbery sentence

The Indiana Court of Appeals has ordered that a man’s robbery sentence be reduced because that conviction and sentence were not allowed due to double jeopardy. The man’s sentence for murder, robbery and rape dropped from 160 years to 130 years.

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4 charged after investigation of ballot petition case

Four people in St. Joseph County have been charged following an investigation into whether signatures were forged on an election ballot petition for president in the 2008 Indiana primary election. A special prosecutor has been assigned to the cases.

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