Articles

IU Maurer to host federal sentencing talk

Indiana University Maurer School of Law will host 7th Circuit Court of Appeals Judge David Hamilton for a discussion on federal sentencing on Jan. 31. IU Maurer professor Ryan Scott will join Hamilton in discussing the comparative severity of federal prison sentences.

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Supreme Court takes 2 cases

The Indiana Supreme Court granted transfer to two cases last week, in which they issued decisions, and denied transfer to eight other cases.

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Justices rule on Post-Conviction Rule 2

The Indiana Supreme Court was divided in two ways in a case involving Indiana Post-Conviction Rule 2: on what standard to use to judge the performance of PCR 2 counsel and whether a defendant should be allowed to appeal the denial of his petition to file a belated direct appeal.

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COA webcasts to resume Wednesday

After being knocked offline for two months because of technical issues, Indiana Court of Appeals arguments will be webcast again beginning Jan. 25.

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COA: sentence waiver is valid

The Indiana Court of Appeals affirmed the denial of a defendant’s petition for permission to file a belated notice of appeal, finding that she waived the right to challenge her sentence in a direct appeal.

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Judges reverse award of attorney fees

The Indiana Court of Appeals reversed the award of attorney fees to a daughter who was sued by her mother following a fall, finding there were no valid legal conclusions justifying the award.

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SCOTUS rules on scope of sex offender registration law

The Supreme Court of the United States has ruled that a federal law requiring sex offenders to update their registration when crossing states lines doesn’t automatically apply to those who committed their crimes before the law was passed.

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Justices adopt repayment plan in UPL case

The Indiana Supreme Court has adopted a repayment plan for an Indianapolis company it found engaged in the unauthorized practice of law, ordering officials to reimburse the state bar association and former clients during the next six years.

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Judge temporarily blocks fines for House boycott

Marion Superior Judge David Dreyer has blocked the collection of a $1,000-a-day fine imposed on boycotting lawmakers in the Indiana House of Representatives, granting a temporary restraining order until he can hold a hearing on the merits of the issue next week.

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Justices: patient fund not entitled to set-off

The Indiana Supreme Court has affirmed a $1 million excess damages award from the Indiana Patient’s Compensation Fund to the estate of a man who died following a truck accident, determining the fund is not entitled to a reduction of the award to account for the 20 percent chance the man would have died even without the doctor’s negligence.

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Appellate court affirms juvenile committed theft, burglary

There was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a license and ordered that the juvenile court correct its dispositional order.

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COA: arbitration provision null and void

The Indiana Court of Appeals has affirmed the denial of a payday loan company’s motion to compel arbitration in a lawsuit filed by a customer. The COA relied on a nearly identical case involving the same plaintiff in which another appellate panel found that since the arbitrator named in the agreement is no longer available, the arbitration provision is null and void on grounds of impossibility.

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Judges reverse denial of motion to suppress

The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.

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Judges refuse to create another intoxication defense

The Indiana Court of Appeals rejected a man’s argument that he should be allowed to use intoxication as a defense to his criminal charges because the prescription medication that caused his strange behavior was taken for valid medical purposes.

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