Articles

Retired Huntington County judge dies

Retired Huntington Circuit Judge Mark A. McIntosh died Feb. 20 in Fort Wayne. Judge McIntosh, 76, served on the Huntington
Circuit Court for 22 years before retiring in 2007. Before he became a judge, he worked in private practice. Prior to attending
law school, he taught social studies and coached junior varsity basketball at Kendallville High School after he graduated
from Michigan State University. He graduated from Indiana University School of Law in 1962 and was admitted to the bar…

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County immunity in weather-related accident

The Indiana Supreme Court affirmed summary judgment for a county sued as a result of a weather-related accident, holding government liability immunity in steps taken as a result of the weather lasts until at least the weather condition has stabilized.

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Justices vacate life sentence

The Indiana Supreme Court vacated a convicted murderer's sentence of life in prison without parole because the trial court judge didn't have the authority to impose the sentence after the jury failed to reach a unanimous sentencing recommendation. Kyle Kiplinger appealed his sentence of life in prison without parole following his convictions of murder and […]

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SCOTUS declines to take Indiana case

The nation's highest court refused to take an Indiana case involving a national insurance crime bureau worker's claim that he was a federal employee rather than an independent contractor when he helped with the prosecution of an insurance case.

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Magistrate, attorney general bills become law

Magistrates can now be certified as senior judges, and the parents who don't pay ordered child support but gamble at casinos can have their winnings withheld. Those are just two of the many bills Gov. Mitch Daniels has signed into law. The Indiana General Assembly ended its 2010 session March 13, with the fate of the […]

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COA: Storage fees capped per statute

The Indiana Court of Appeals affirmed that the owner of a car involved in a fatal accident must pay storage fees to a towing company, but those fees must be capped at $1,500.

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High court takes sentence-review case

The state's highest court has decided to take a case in which a defendant questioned whether the appellate review of a sentence should consider the suspended portion of a sentence as qualitatively different from the executed portion when determining if a sentence is inappropriate.

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SCOTUS declines death row inmate’s appeal

The nation's highest court has declined to accept a death row inmate's case, leaving intact an Indiana judge's ruling that OK'd a federal prison policy banning face-to-face interviews with reporters.

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Appellate ruling addresses priority rights

In reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.

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Committee action deadline nearing

The Indiana General Assembly's influential judiciary committees have a packed week ahead where both representatives and senators will review a mass of legislation as deadline approaches.

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New foreclosure-prevention initiative announced

To encourage more eligible Hoosiers to participate in settlement conferences when facing mortgage foreclosures, a new program involving the Indiana Supreme Court and the Indiana Foreclosure Prevention Network was announced today in Fort Wayne.

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Racketeering case nets $108 million in damages

A federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages on a civil racketeering case, but in doing so he's rejected the Indiana Attorney General's most novel and far-reaching legal arguments centered on public corruption in East Chicago.

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Mortgage company didn’t act in good faith

The Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because it didn't act in good faith in providing a mortgage that was obtained by fraud.

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Justices to hear cheek swab, blood draw cases

The Indiana Supreme Court is set to hear three arguments Thursday, including a case that challenges whether reasonable suspicion alone is sufficient for law enforcement to obtain DNA from a cheek swab.

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Judges reverse theft conviction

The Indiana Court of Appeals reversed a defendant's conviction of theft because the trial court failed to instruct the jury on conversion as a lesser-included offense of theft.

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Masters appointed in cases of 2 judges

The Indiana Supreme Court has appointed masters to the disciplinary cases of Bicknell City Court Judge David A. Moreland and LaPorte Superior Judge Jennifer Evans Koethe.

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COA rules on landowner first-impression issue

For the first time, the Indiana Court of Appeals needed to decide whether an urban or residential landowner owes a duty to protect neighbors from damage caused by a tree falling from the landowner's property. In J. John Marshall and Marjorie Marshall v. Erie Insurance Exchange a/s/o Cindy Cain, No. 20A03-0908-CV-366, Cindy Cain's home is next […]

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