Articles

On rehearing, COA affirms original opinion

On petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is obliged to come forward with evidence.

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Appellate court orders hearing on judge’s impartiality

The Indiana Court of Appeals has ruled that a Monroe Circuit judge abused her discretion in denying a motion to recuse in a small claims case that involved an attorney who previously served as the judge’s election campaign committee chair.
 

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Evidence supports elevated burglary conviction

The Indiana Court of Appeals affirmed a man’s conviction of Class A felony burglary resulting in bodily injury because all the statute requires is evidence the victim experienced physical pain, which the victim in this case did when the burglar twisted her hand.

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Court erred in granting change of judge

The Indiana Court of Appeals reversed the grant of a stepfather’s motion for change of venue from the judge, holding the man is not a party to the underlying paternity action and therefore isn’t entitled to a change of venue from the judge under Indiana Trial Rule 76.

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High court to hear legislative fines appeal

The Indiana Supreme Court has taken the appeal of a Marion County judge’s decision that ordered Democratic members of the Indiana House be refunded the money withheld from their paychecks due to a walkout in 2011.

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COA affirms original sentence revision

The Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision in all respects.

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