Articles

Victim’s statements to nurse allowed, but judges reverse convictions

The Indiana Court of Appeals concluded that a victim’s statements detailing her physical attack and identifying her attacker were admissible in court and were nontestimonial, so the defendant’s confrontation rights weren’t violated. However, the judges reversed the man’s convictions because the trial court shouldn’t have admitted prior misconduct evidence involving the defendant and the victim.

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Tax Court rules in brewery’s favor

Ruling on an issue that previously has come before the Indiana Tax Court, Senior Judge Thomas Fisher has upheld that sales to Indiana customers who hired common carriers to pick up alcohol at an Ohio facility shouldn’t have been included in the sales factor of Miller Brewing Co.’s adjusted gross income tax and supplemental net income tax.

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Judges uphold theft charge against man

On interlocutory appeal, the Indiana Court of Appeals affirmed the denial of a man’s motion to dismiss his theft charge in Jay County because he caused the delay in the case by absconding. The case brought up the issue of whether knowledge by jail officials on the whereabouts of the defendant can mean that the judge and prosecutor were sufficiently notified.

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Clerk of Court for Northern District retiring

The longtime clerk for the Northern District of Indiana is retiring at the end of the year, and those interested in filling that vacancy have nearly a month to apply for the federal court position.

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Steuben County joins Odyssey

Indiana Supreme Court Justice Frank Sullivan Jr. will join judges and the clerk of Steuben County on August 22 to demonstrate Odyssey, a new case management system.

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Federal appeals court examines disputed telephone charges

Writing for a unanimous 7th Circuit Court of Appeals panel, U.S. Judge David Hamilton authored an opinion Tuesday full of what he calls “telephonese.” The opinion delves into a small business’s disputed phone bill charges and how those matters are governed by state and common law.

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COA rules paying penalty doesn’t nullify appeal

The Indiana Court of Appeals has ruled on an issue that has not directly been addressed by statute or caselaw, holding that paying a civil penalty to stop a tax sale of property doesn’t cancel out an appeal questioning that assessment’s validity.

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New disciplinary commission members named

The Indiana Supreme Court has appointed three new members to the Disciplinary Commission. Trent A. McCain of Merrillville, Andi M. Metzel of Indianapolis, and Nancy Cross of Carmel will each serve a five-year term. They replace Tony Zappia of South Bend, J. Mark Robinson of New Albany, and Sally Zweig of Indianapolis.

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Court rules on genetic patents

The U.S. Court of Appeals for the Federal Circuit issued a ruling July 29 in a case that raised fundamental questions about the patentability of human genes.

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Appeals court: Federal judge should decide on state law claims

The 7th Circuit Court of Appeals has sent a case back to an Indianapolis judge, saying she didn’t properly weigh whether the case should be prolonged on remand to Hamilton Superior Court instead of her deciding on the issues that have already been fleshed out in federal court during the past year and a half.

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